Pakistan to partially rescind capital punishment

Source: Anadolu Agency (20 June 2019)

https://www.aa.com.tr/en/asia-pacific/pakistan-to-partially-rescind-capital-punishment/1511242

KARACHI, Pakistan

Foreign Minister Shah Mehmood Qureshi on Thursday said Pakistan was going to revoke the capital punishment for the accused to be extradited from other countries.

“We are amending the penal code of Pakistan to revoke the capital punishment for the accused to be brought back to the country under extradition treaties with other countries”, Qureshi told reporters in the capital Islamabad.

The development came a day after British Foreign Secretary Jeremy Hunt during a joint press conference with his Pakistani counterpart in London declared that the U.K. would not sign "politically-motivated" extradition treaties with any country.

Qureshi had assured Hunt that his country would not “misuse” any such agreement, if signed.

Islamabad is seeking extradition of several Pakistani nationals, including the founder of Karachi-based ethnic political group Muttahida Qaumi Movement (MQM) and a former finance minister, Ishaq Dar on different charges, including murder and money laundering.

Pakistan lifted a de-facto ban on capital punishment in December 2014 following a gruesome militant attack on an army-run school in northwestern Peshawar city, which killed over 140 people, mostly students.

Since then, over 300 convicts, mostly militants, have been sent to gallows. Currently, there are around 8000 death row prisoners in Pakistani jails.

Afghan president to visit Pakistan next week

Qureshi also told reporters that Afghan President Ashraf Ghani would visit Pakistan on June 27 on the invitation of Premier Imran Khan to hold talks on different issues, including the ongoing peace process in the war-racked country.

Diplomatic ties between the two neighbors remained frosty in recent years with both accusing each other of patronizing and using militants against each other.

Malaysia to keep death penalty, but no longer mandatory

Source: Channel News Asia (13 March 2019)

https://www.channelnewsasia.com/news/asia/malaysia-death-penalty-not-completely-abolished-11340612

KUALA LUMPUR: Malaysia has rowed back on an earlier plan to completely repeal the death penalty, saying that while the government will abolish mandatory capital punishment, it will leave it for courts to decide whether a person convicted of a serious crime will hang.

The mandatory death penalty for 11 criminal offences will be repealed, Deputy Minister in the Prime Minister's Department Mohamed Hanipa Maidin told parliament on Wednesday (Mar 13).

These offences include committing acts of terrorism, murder and hostage-taking.

“We have made a decision. The government will only repeal the mandatory death penalty. We will make the amendments,” said Mohamed Hanipa.

“This is in keeping with the 27th pledge in the Pakatan Harapan (election) manifesto.”

To a supplementary question on whether there are plans to set up a parliamentary select committee to discuss the repeal of the death penalty before tabling the amendment Bill, Mohamed Hanipa said he would forward the suggestion to the government.
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The minister in charge of law, Liew Vui Keong, had said last October that the Cabinet had decided to repeal the death penalty.

“All death penalty will be abolished. Full stop," he was quoted as saying.

LAWYERS GROUP CRITICISES U-TURN

Lawyers for Liberty, a human rights lawyers organisation in Malaysia, slammed the government’s U-turn on repealing the death penalty.

“The reversal of the earlier decision is shocking, unprincipled and embarrassing,” Lawyers for Liberty said in a press release.

“This is all the more so as the decision for total abolition had made international news and was praised throughout the region and the world,” it added.

“More seriously, the October 2018 announcement of total abolition had given hope and relief to thousands of convicted or charged persons and their families. To hold out hope of being spared the gallows, only to have the hope snatched away again is extremely cruel and unjust.”

The group also called on the government to keep the current moratorium on executions, pending the total abolition of the death penalty.

Malaysia's decision against a total repeal of the death penalty could also weigh on the future of a fugitive policeman, Sirul Azhar Umar, who fled to Australia just before a Malaysian court sentenced him to death for the 2006 murder of Mongolian model Altantuya Shaariibuu.

Sirul and another policeman convicted of the crime had been serving as members of the personal security detail for Najib Razak, who was deputy prime minister at the time of the murder.

The question of whether anyone had ordered them to kill the woman has never been answered. Najib went on to become prime minister and led the country for nine years before his spectacular defeat at last year's general election.

Since then, Malaysian police have re-opened the case into the model's killing and Prime Minister Mahathir Mohamad has said his government could revoke Sirul's death penalty to make way for his extradition.

Sirul, who has been held at an Australian immigration detention centre since 2015, faces the prospect of deportation after failing a bid for asylum in Australia.

However, under Australian law, Sirul can only be deported if he does not face the death penalty.

Source: Reuters/Bernama/gs(hs)

Australia: Alabama seeks death for dive death

Alabama A-G: death penalty 'still on table'
MARISSA CALLIGEROS
From: The Brisbane Times, 14 January 2010

The Attorney General of Alabama has refused to back down from a possible capital murder charge against honeymoon dive killer Gabe Watson, despite knowing Australia will not extradite a person if they may face the death penalty.

Gabe Watson, 32, was convicted this year of manslaughter after leaving his wife of just 11 days, Christine 'Tina' Watson, to drown on the floor of the Great Barrier Reef in 2003 during a scuba diving trip.

Alabama Attorney General Troy King has maintained Watson evaded the full weight of the law under a plea bargain with the Queensland Department of Public Prosecutions and is determined to pursue a capital murder charge against Gabe Watson in the United States.
Alabama authorities believe they can mount a case that Watson plotted and planned the 'murder' in the US state.

"I won't add to the dishonour of [Tina's] memory by allowing Australia's view of what is just to affect what we do," Mr King told Fairfax Radio 4BC today.

"If we become convinced that we can prove a capital murder charge, we will go to an Alabama grand jury and seek the most severe charge."

But under the Australian Extradition Act, a person cannot be deported to face prosecution for a capital offence, unless there was an undertaking that the death penalty would not be carried out.

"One way [to have Watson extradited] would be for Alabama to water down its law the way you have watered down yours," Mr King told 4BC.

"But I believe that for us to seek any punishment and any penalty less than that which we think is appropriate doesn't make matters worse, it compounds what's already a very tragic and sad situation.

"If we get the evidence, and as I am anticipating, [it] does support a [capital murder charge], then of course I'm not going to take it off the table."

But Tina's father Tommy Thomas told brisbanetimes.com.au today he would be disappointed if Mr King's refusal to take the death penalty off the table would see Watson "escape justice again".

"I would be disappointed if something were to allow him to escape extradition and continue to allow him to freely escape a trial by jury," Mr Thomas said.

But Mr Thomas stopped short of calling for Mr King to drop a possible capital murder charge against Watson.

"The fact of the matter is the decision to that end is really not in our hand to begin with," he said.

"What we've always wanted is to see Gabe stand trial for what he was indicted for in Australia."

Yesterday, Acting Police Minister Andrew Fraser said double jeopardy laws and Australia's objection to the death penalty would hamper any attempts to extradite Watson.

Should Australia refuse to extradite Watson, Mr King said "it would remain pending until and unless he returned to the United State voluntarily".

"It's our citizen who went to Australia. It's our citizen who did not come home. It's our citizen who lost their life. And I intend to do everything in my power to see that justice is done by the state of Alabama for citizens of the state of Alabama," he said.

Mr King maintained Queensland authorities had refused to co-operate with the state's prosecutors, although the Queensland Attorney General's department found no record of any formal request from Alabama, "despite an extensive search".

It is understood, however, that a request has been made by Mr King's office to the Queensland Police for the investigation material.

University of Queensland international law expert Professor Andreas Schloenhardt told brisbanetimes.com.au any transmission of investigation material must be made between the Australian and United States federal governments, by way of a formal request.