Tuesday, 22 March 2016

Four on death row in Saudi Arabia for terrorism

Source: Channel NewsAsia (12 March 2016)

http://www.channelnewsasia.com/news/world/four-on-death-row-in-saud/2596306.html

Death sentences against four Saudi men convicted of terrorism have been confirmed by 13 judges, a Saudi newspaper reported, raising the possibility of a new round of executions two months after 47 people including a prominent Shi'ite cleric were put to death.

International rights groups said the families of three young Shi'ite Muslim men feared their sons, arrested for involvement in anti-government protests while under the age of 18, were among those facing the death penalty. One is a nephew of Sheikh Nimr al-Nimr, the cleric whose execution in January led to a rupture of diplomatic relations between Saudi Arabia and Iran.

Officials from the Saudi justice ministry and the interior ministry were not immediately available to comment.

Saudi newspaper Okaz said: "The four terrorists awaiting the implementation of the death sentences complement the first group of 47." It said a total of 13 judges had considered the cases in three levels of hearings, but did not identify the four men.

Rights group Reprieve, which campaigns against the death penalty, said: "While details of the four in line for execution remain unclear, the reports will raise fears for three juveniles who are awaiting execution after their sentences ... were upheld in the SCC (Specialised Criminal Court) last year."

The three are Dawoud al-Marhoon, arrested in 2012; Abdullah Hassan al-Zaher, who was 15 when he was arrested in 2011; and Ali al-Nimr, aged 17 when he was detained in 2012. France has called on Saudi Arabia not to execute Nimr, arguing he was a minor at the time.

Amnesty International said: "If these executions go ahead, Saudi Arabia will demonstrate its utter disdain for international law, which prohibits executions of people for crimes committed under the age of 18."

In November last year, two Saudi newspapers reported that Saudi Arabia was planning to execute more than 50 people for "terrorist crimes" that killed more than 100 civilians and 71 security personnel.

The 47 executed on Jan. 2 were mostly Sunnis convicted of al Qaeda attacks in the kingdom a decade ago. Four, including the older Nimr, were members of the Shi'ite minority who were accused of involvement in shooting policemen.

Nimr's execution sparked demonstrations in eastern Saudi Arabia and in Shi'ite Iran, where angry crowds ransacked the Saudi embassy in Tehran, prompting Riyadh to break off ties with Iran.

Wednesday, 2 March 2016

Hanging revives Pakistan capital punishment debate

Source: MWC News (1 March 2016)

http://mwcnews.net/news/centrals-asia/57543-pakistan-capital-punishment.html

Execution of Mumtaz Qadri, who killed Punjab governor Salman Taseer in 2011, prompts muted celebration and protests.

The execution of a man who killed the head of government of Punjab province over his call to reform strict blasphemy laws has revived the question of capital punishment in Pakistan.

Mumtaz Qadri was a bodyguard for Salman Taseer when he shot the Punjab governor dead in Islamabad in 2011.

After his arrest, he told police he had assassinated Taseer because he championed the cause of a Christian woman sentenced to death in a blasphemy case that arose out of a personal dispute.

Taseer had said the law was being misused and should be reformed.

Considering him a hero for defending Islam, Qadri's supporters took to the streets of Islamabad, Lahore, Peshawar, Quetta and Karachi following his hanging early on Monday morning.

While there were protests in big numbers - and equal amount of muted celebration - the hanging prompted outcry from various quarters that called for a moratorium on executions "as a first step towards abolition of the death penalty".

Champa Patel, director of Amnesty International's South Asia Regional Office, said: "Taseer was a brave voice for religious tolerance in Pakistan and his murderer should be brought to justice, but carrying out more killings is a deplorable way to honour Taseer's life and message.

"The death penalty is always a human rights violation, regardless of the circumstances or nature of the crime.

"While it is positive that the government is committed to tackling religious extremism and is taking proactive steps to ensure perpetrators of violence are brought to justice, carrying out yet more killings only continues the cycle of violence."

Earlier, Qadri 's attorney said his client told him he had no regrets for killing Taseer.

"I have met him twice in jail. He said that even if God gave me 50 million lives, I would still sacrifice all of them," lawyer Ghulam Mustafa Chaudhry said.

Protesters briefly blocked the main road between Rawalpindi and Islamabad on Monday after news of the hanging broke.

Police later dispersed them and closed off the road to prevent more demonstrations.

Chaudhry predicted larger demonstrations as a nationwide strike on Tuesday has been called by Qadri's supporters to protest against the hanging.

Late in 2011, an anti-terrorism court handed down a double death sentence to Qadri for murder and terrorism. The sentence was appealed and upheld by the Supreme Court late last year.

Jibran Nasir, a Pakistan lawyer and activist, says the country needs to unite on the issue of blasphemy laws instead of it becoming a war between Qadri's fans and Taseer's fans.

"I won't call anybody's death good news but the hanging has made a claim that when the state is challenged, it would enforce its laws," Nasir said from Karachi.

"Qadri's was a terrorist act and the Supreme Court upheld that. But when we see people celebrating or protesting, those are fringe elements. We're not talking about the liberals, moderates or even progressives here.

"What we need to remember is that Qadri was made this glorified poster boy of this huge problem. He was just the trigger, a foot soldier and the ones he was influenced by and looked up to are still roaming around freely."

National media played down news of the execution and the protests on orders of the government, two senior TV news anchors told AFP news agency.

There was no coverage of crowds of angry Qadri supporters who flocked to pay their respects at his family's house in Rawalpindi where his body was laid out on a bed, his head surrounded by roses.

The funeral is expected to be held on Tuesday.

"I have no regrets," Qadri's brother Malik Abid told AFP, tears rolling down his cheeks, while women chanted nearby.

He said the family had been called to the prison on Sunday evening by officials who said Qadri was unwell.

But when they arrived, Qadri greeted them with the news that authorities had deceived them and that his execution was imminent.

"I am proud of the martyrdom of my son," Qadri's father Bashir Awan told AFP, adding he was ready to sacrifice all five of his other sons "for the honour of the prophet".

Nasir, the lawyer, cautioned against making Qadri a hero in death, saying that by the show of affection on the streets, the common man is likely to be impressed by his actions.

"Qadri was showered with petals, sent cards on Valentine's Day, called a warrior before his death and a martyr after his hanging," he said.

"We should not make him a celebratory and not give him unnecessary coverage."

More than 100 people are charged with blasphemy each year in predominantly Muslim Pakistan, many of them Christians and other minorities.

Conviction of blasphemy carries a death sentence. No one has yet been hanged, but those convicted languish in prison.

Friday, 19 February 2016

More Malaysians want end to mandatory death penalty, online poll shows

Source: The Malay Mail Online (18 February 2016)

http://www.themalaymailonline.com/malaysia/article/more-malaysians-want-end-to-mandatory-death-penalty-online-poll-shows

KUALA LUMPUR, Feb 18 — Over half of Malaysians surveyed in an online poll want the government to scrap the mandatory death sentence that leaves judges with no discretion to hand down lighter punishments.

Conducted by Barisan Nasional (BN) component party Gerakan, the online poll results showed 838 online respondents were in favour of abolishing the mandatory death sentence while 685 respondents disagreed with judges being given the discretion to decide sentences, the party’s Youth wing leader Chai Ko Thing told a news conference today.

“As you can see from the results of votes garnered, the ratio is those who agreed are 55 per cent and those who disagreed is 45 per cent,” the Gerakan Youth Legal Bureau chief said.

The survey results were collected from 1,523 anonymous Internet users over a three-week period from January 22 and February 15 through Gerakan’s online poll site bettermalaysiapoll.org.

The survey posed just one question: “In your opinion, should Malaysia abolish the mandatory death penalty?” and the results were based on the number of “Yes” or “No” clicks obtained.

According to Chai, the mandatory death penalty in Malaysia applies to various crimes such as murder, firearm possession, kidnapping with ransom, waging war against the King and drug offences.

However, he said the government has currently shown its intention to remove the mandatory death penalty for drug-related offences, a move he said is backed by public sentiments based on the poll results.

He said Gerakan had, in 2013, initiated a petition titled “No to death penalty”, adding however the scrapping of mandatory death sentences may be a good starting point and middle path.

“So the party’s stand on this issue is we are going for total abolishment of death sentence, but as a start from the result of this poll — it seems to be divided, maybe to remove mandatory, then we work towards total abolishment of death sentence,” he said.

Chai said Gerakan will present the poll’s findings to de facto law minister Nancy Shukri who is expected to present legal amendments to scrap the mandatory death sentence in Parliament next month.

Nancy had in a written parliamentary statement last November 3 said there are currently 1,022 convicted inmates awaiting execution pending their appeals against the court’s decision, adding that there were 33 executed during the 1998-Oct 2015 period while 127 others received lighter sentences or clemency due to their pleas to the State Pardons Board.

Attorney-General Tan Sri Mohamed Apandi Ali had last November also said that he wished the courts had discretion on sending convicts to the gallows or otherwise.

Chai said the online #BetterMalaysia poll — which only allows one vote from each device — was created as a platform for the public to express their opinions on topical issues.

The simplified nature of the ongoing polls that does not ask for any details of the respondents is also to cater to Internet-savvy Malaysians especially the youths, Chai said.

He said the third question is now open for voting until March 8, declaring it as: “Does increasing traffic fines serve as an appropriate measure to change the driving attitude of road users and reduce traffic offences?”

Sunday, 14 February 2016

Opinion: Bangladesh must abolish the death penalty now

Source: DW (12 February 2016)

http://www.dw.com/en/opinion-bangladesh-must-abolish-the-death-penalty-now/a-19044275

The Bangladeshi Law Minister Anisul Huq’s remarks on the death penalty came after a meeting with a European Parliament delegation in Dhaka on Thursday. According to reporters present, Huq responded to calls from members of the delegation to abolish the death penalty in his country by categorically ruling out any changes to the law at the present time. This was a coolly calculated slap in the face for his visitors from Europe and a clear sign that Prime Minister Sheikh Hasina intends to continue her quest to call Islamist leaders to account for the crimes they allegedly committed during Bangladesh’s war of liberation in 1971.

It reinforces the view that the Dhaka government has no intention of rethinking the political impact of the so-called International War Crimes Tribunal. The Tribunal has been underway in the country since 2010 and has imposed a series of death sentences on high profile Islamist leaders, several of whom have already been hanged.

The death penalty is irreversible and when used against political opponents it creates martyrs and triggers further political instability. While the death penalty remains popular with Hasina’s Awami League and its supporters, its continued use is without doubt creating a fertile breeding ground for Islamist terror. Just recently James Clapper, Director of National Intelligence in the US, warned that Hasina’s continuing efforts to undermine the political opposition would foster the rise of Islamist terrorists.International criticism of the Tribunal’s work has been consistently damning. Defense lawyers have been prevented from carrying out their work properly, some witnesses for the defense have not been allowed to testify and some of the testimony by prosecution witnesses has been farcical and based largely on hearsay. The latter is not surprising seeing how much time has elapsed by the alleged crime and the trial. The Tribunal clearly does not meet international judicial standards. Nonetheless, it continues to impose the death penalty against the Islamist opponents of the Dhaka government.

He is right. Moreover, Clapper pointed to the fact that Islamist terrorists had claimed responsibility for the slaying of at least 11 progressive writers and bloggers since 2013. However, Sheikh Hasina remains in denial of the obvious consequences of her policies and claims that the so-called Islamic State does not have a foothold in her country, despite evidence to the contrary. At the very least she is guilty of sticking her head in the sand, at worst of an extreme form of cynicism.

While the desire to finally close the 1971 chapter in the country’s past is both honorable and understandable, Bangladesh continues to move away from the path of reconciliation between those who support secularism in the majority Muslim country and those who wish to see Islam play a greater role. With more of those convicted by the War Crimes Tribunal now awaiting execution, the need for dialogue across the political spectrum is greater than ever, as it the need to abolish the death penalty now, rather than after the damage has been done.

Friday, 12 February 2016

End death penalty, keep it only for terror: Law panel tells government

Source: The Indian Express (1 September 2015)

http://indianexpress.com/article/india/india-others/law-commission-recommends-abolition-of-death-penalty/

Over 53 years after it favoured retention of the death penalty in statute books, the Law Commission of India recommended Monday that the death penalty be abolished for all crimes other than terrorism-related offences and waging war against the country. This was first reported by The Indian Express last Friday.

In its report, submitted to the government by commission chairman and former Delhi High Court Chief Justice A P Shah, the 10-member panel concluded that while death penalty does not serve the penological goal of deterrence any more than life imprisonment, concern is often raised that abolition of capital punishment for terror-related offences and waging war will affect national security.

However, three members of the commission including two representing the Ministry of Law and Justice — Law Secretary P K Malhotra and Legislative Secretary Sanjay Singh — submitted dissent notes against the recommendation to abolish death penalty. The third dissent note was given by Law Commission member and former Delhi High Court judge Usha Mehra who referred to the rights of “innocent victims”.

Questioning the “rarest of rare” doctraine, the panel said that administration of death penalty, even within the “restrictive environment of rarest of rare doctraine”, was constitutionally unsustainable.“After many lengthy and detailed deliberations, it is the view of the Law Commission that the administration of death penalty, even within the restrictive environment of ‘rarest of rare’ doctrine, is constitutionally unsustainable. Continued administration of death penalty asks very difficult constitutional questions… these questions relate to the miscarriage of justice, errors, as well as the plight of the poor and disenfranchised in the criminal justice system,” the report stated.

Pointing out that in the last decade, the Supreme Court had on “numerous occasions expressed concern about arbitrary sentencing” in death penalty cases, the panel said, “There exists no principled method to remove such arbitrariness from capital sentencing. A rigid, standardisation or categorisation of offences which does not take into account the difference between cases is arbitrary in that it treats different cases on the same footing. Anything less categorical, like the Bachan Singh framework itself, has demonstrably and admittedly failed.”

The commission also questioned the mercy petition system, provided for under the Constitution, saying, “The exercise of mercy powers under Articles 72 and 161 have failed in acting as the final safeguard against miscarriage of justice in the imposition of the death sentence.”

The report stated that from January 26, 1950 till date, successive Presidents have accepted 306 mercy petitions and rejected 131.

Referring to victims of crimes, the panel said in focusing on death penalty “as the ultimate measure of justice to victims”, the restorative and rehabilitative aspects of justice are lost sight of.

It said reliance on the death penalty diverts attention from other problems ailing the criminal justice system such as poor investigation, crime prevention and rights of victims of crime. It is essential that the state establish effective compensation schemes to rehabilitate victims of crime.

At the same time, it is also essential, the panel said, that courts use the power granted to them under the Code of Criminal Procedure, 1973 to grant appropriate compensation to victims in suitable cases.

“The voices of victims and witnesses are often silenced by threats and other coercive techniques employed by powerful accused persons. Hence, it is essential that a witness protection scheme also be established. The need for police reforms for better and more effective investigation and prosecution has also been universally felt for some time now and measures regarding the same need to be taken on a priority basis,” the report stated.

Wednesday, 10 February 2016

Man cleared of murder after over 20 years in jail

Source: Straits Times (2 February 2016)

http://www.straitstimes.com/asia/east-asia/man-cleared-of-murder-after-over-20-years-in-jail

SHANGHAI • A man jailed in China more than two decades ago for murder has been acquitted, the latest in a series of wrongful convictions overturned in the country.

Mr Chen Man, who is now 53, was released yesterday from Meilan Prison in south China's Haikou City, in Hainan province, after the Zhejiang Higher People's Court overturned his conviction.

Mr Chen was arrested in 1992, accused of burning down a house in Haikou in which a man died. Stab wounds had been found on the neck and body of the victim and the police later arrested Mr Chen, who is from Sichuan province, for the alleged murder, the China News Service reported.

Mr Chen was sentenced to death with a two-year reprieve by Haikou Intermediate People's Court in November 1994.

However, the local procuratorate deemed the sentence "too light" and urged a higher court to adjust it to a death sentence and execute Mr Chen, according to the Zhejiang court. The procuratorate's request was rejected by the Hainan Higher People's Court in 1999, beginning a 16-year appeal ordeal for Mr Chen and his family.

China's top court ordered Mr Chen's case to be re-opened in April last year after he appealed, and the Zhejiang Provincial Higher People's Court retried the case.

Mr Chen Man was convicted solely on the basis of confessions which were "inconsistent" during two trials which convicted him, court judge Zhang Qin said in a statement yesterday.

Yesterday, the High Court of China's eastern Zhejiang province pronounced him not guilty due to "lack of evidence".

"His role in the murder is not clear and the original judgment lacks evidence, therefore, the guilty verdict cannot be confirmed," the Zhejiang court said in its statement.

It said Mr Chen had the right to apply for state compensation.

The president of Hainan Provincial Higher People's Court bowed to Mr Chen after the announcement, the state-run China Daily reported.

The case is the latest highlighting miscarriages of justice in China, where forced confessions are widespread and more than 99 per cent of criminal defendants are found guilty. Mr Chen was convicted solely on the basis of confessions which were "inconsistent" during two trials which convicted him, court judge Zhang Qin said in a statement yesterday.

The government has tried to improve the way courts handle cases of miscarriages of justice following efforts by President Xi Jinping to bolster the rule of law and increase public confidence in the legal system. Wrongful executions have stirred particular outrage, though the death penalty itself remains popular.

Of those exonerated in recent years, Mr Chen spent the longest time in prison, state media said.

For some others, the new verdicts have come too late.

A court in the Inner Mongolia region in 2014 cleared a man named Hugjiltu, who was convicted, sentenced and executed for rape and murder in 1996 at the age of 18.

The declaration of innocence came nine years after another man confessed to the crime.

Twenty-seven officials in China have been "penalised" for his wrongful execution, state news agency Xinhua reported late on Sunday. But only one person will face criminal prosecution, Xinhua said, with 26 others face lighter "administrative penalties".

Monday, 1 February 2016

China officials punished over wrongful execution of teen

Source: BBC News (1 February 2016)

http://www.bbc.com/news/world-asia-china-35457033

Twenty-seven Chinese officials have been penalised for the wrongful execution of a teenager, state news agency Xinhua said.

Huugjilt was 18 when he was convicted of the rape and murder of a woman in a factory's public toilet in 1996.

A serial rapist confessed to the crime in 2005 and Huugjilt was formally exonerated in 2014.

Acquittals are extremely rare in China and it is even rarer for convictions to be overturned.

Twenty-six officials were given "administrative penalties, including admonitions and record of demerit", Xinhua said citing an official statement on Sunday.

Feng Zhiming, the other penalised official, was suspected of other crimes related to his job and was being investigated, according to the report.

The murder happened during an anti-crime drive and detectives in the Inner Mongolia Autonomous Region admitted being under pressure to secure a conviction. The use of force to get confessions is thought to be widespread in the country.

Huugjilt's parents were given 30,000 yuan ($4850; £3080) as an expression of the court's sympathy, when the conviction was overturned.

Tuesday, 26 January 2016

Saudi Arabia executions reach 53 in January, one-third of 2015 toll

Source: International Business Times (25 January 2016)

http://www.ibtimes.co.in/saudi-arabia-executions-reach-53-january-one-third-2015-toll-664513

Saudi Arabia has continued its spree of executions relentlessly since the beginning of this year, killing 53 people before the first month of 2016 has closed. The figure is more than one-third of the total number of executions of 158 people in the Middle Eastern kingdom last year.

Saudi Arabia sparked global outrage after it put 47 men to death on 2 January, including Shia cleric Sheikh Nimr al-Nimr, in what the Human Rights Watch called the "largest mass execution in the country since 1980".

On Monday, Saudi Arabia executed local tribesman Mohammed bin Awadh al-Zahrani in Jeddah for stabbing a man to death, according to the Saudi Press Agency. It was not mentioned how the execution was carried out, but beheading is the common form of carrying out capital punishment in the country.

Monday's action brought the total number of executions in Saudi Arabia this month to 53, AFP reported.

The executions come even after human rights groups have claimed that 2015 was the year with the highest execution rates in Saudi Arabia in two decades.

The execution of al-Nimr earlier this month had sparked dangerous sectarian tensions in the Middle East, with Shia protesters in Iran attacking a Saudi embassy in Tehran. Saudi Arabia called off diplomatic relations with Iran following the incident, and other Gulf nations such as Bahrain followed suit.

Several cases of violence were reported in Shiite-dominated areas of Saudi Arabia following the mass executions.

Saudi Arabia and Iran are yet to restore ties despite calls for it by the international community.

Saturday, 16 January 2016

Death penalty ends in some cases

Source: Viet Nam News (12 January 2016)

http://vietnamnews.vn/opinion/281039/death-penalty-ends-in-some-cases.html

Nguyen Van Hoan, deputy head of the group compiling revisions to the 2015 Penal Code, spoke to Nong thon Ngay nay (Countryside Today) about changes relating to capital punishment.

How do you respond to a change to the 2015 Penal Code that says the death penalty will not apply for officials who pay back at least 75 per cent of illicitly obtained profits?
This is regulated in Point C, Clause 3 in Article 40 of the 2015 Penal Code. Some people think this is too lenient, but in my opinion, it is not.

The most severe penalty for the crimes of embezzlement and bribery was capital punishment under the previous Penal Code. During discussions regarding revisions to this law, legislators agreed to keep capital punishment as deterrent for the two crimes, but reduce it to life imprisonment if the criminal is able to pay back at least 75 per cent of the profits they illicitly obtained.

Can current prisoners be given amnesty if they repent and adhere to the new law?

These cases will be treated carefully. The criteria for considering whether they should be granted amnesty would be much stricter and tougher than for other prisoners serving life sentences. For example, lifers could have their sentence reduced to 20 years for good behaviour.

If a death sentence is reduced to life imprisonment, they must serve at least 30 years.

As I have mentioned above, officials convicted of corruption could be spared if they pay back at least 75 per cent of the profits they illicitly obtained. In addition, there are other requirements that these prisoners would have to meet, including helping authorities to conduct investigations into other corruption cases.

If an official stole VND100 billion (US$4.45 million) and received the death sentence, they could pay back 75 per cent and have their sentence reduced. What would happen to the other VND25 billon ($1.11 million)?

Under the 2015 Penal Code, any public official who illegally obtains VND1 billion upwards could receive capital punishment. Point C, Clause 3 of Article 40 of the 2015 Penal Code applies to all prisoners who receive death sentences relating to corruption, regard less of the amount of money. However, during their prison terms, they may enjoy clemency for good behaviour. ­— VNS

Sri Lanka's human rights commission proposes death penalty abolishment

Source: Web India (4 January 2016)

http://news.webindia123.com/news/Articles/Asia/20160104/2761737.html

The national human rights commission in Sri Lanka on Monday proposed abolishing the death penalty, officials said.

In a letter to President Maithripala Sirisena, the Human Rights Commission said it is imperative for Sri Lanka to conform to the growing global recognition that the death penalty, which seriously violates several human rights including the right to life and freedom from cruel and inhuman punishment, is an extreme and irreversible punishment and is ineffective as a deterrent to crime, Xinhua news agency reported.

The Human Rights Commission of Sri Lanka is to advise and assist the government in formulating legislation and directives and procedures in furtherance of the promotion and protection of fundamental rights, and to make recommendations to the government regarding measures which should be taken to ensure that national laws and administrative practices are in accordance with international human rights norms and standards.

Whilst appreciating that successive governments in Sri Lanka have not implemented the death penalty, the Commission notes that courts continue to impose the death penalty under several statutes which provide for the imposition of the death penalty.

Sunday, 3 January 2016

Putting Saudi Arabia's execution of 47 people into historical context

Source: The Independent (1 January 2016)

http://i100.independent.co.uk/article/putting-saudi-arabias-execution-of-47-people-into-historical-context--b1ePJGtzpix

Saudi Arabia has executed 47 people convicted of terrorist offences, including prominent Shia cleric Nimr al-Nimr.

Al-Nimr was an outspoken supporter of the protests in the east of the kingdom in 2011, and was arrested alongside his nephew Ali al-Nimr (17 at the time) in 2012, for charges of (among other things) seeking “foreign meddling” in the state.

Ali al-Nimr has not been named among the 47 executed, most of whom were detained after a series of al-Qaeda attacks between 2003 and 2006 in which hundreds were killed.

All but two of those executed were Saudi nationals, one was an Egyptian and one was a Chadian.

Iran, a country with Shia leadership, said Saudi Arabia would pay a "high price" for the executions, claiming that Riyadh: "supports terrorists... while executing and suppressing critics inside the country."

Saudi Arabia executed at least 157 people in 2015, which was the highest figure recorded by human rights groups for 20 years.

In 2014, the total number of executions recorded was 90.

Pakistan: The year of most executions

Source: The Express Tribune (2 January 2016)

http://deathpenaltynews.blogspot.com.au/2016/01/pakistan-year-of-most-executions.html

As many as 301 people were executed in the Punjab last year. Thousands of prisoners on death row continue to wait for verdicts on their appeals.

There are at least 5,145 people on death row. Of these, there are 42 women whose appeals are pending before the high court and the Supreme Court, sources in the office of the Punjab inspector general (prisons) told The Express Tribune.

Recently, 63 appeals against death penalty were dismissed by the president. Dates of execution are to be notified soon. There are 4,213 appeals pending in the Lahore High Court and its allied benches; 743 in the Supreme Court, 124 with the president and 3 with the Pakistan Army GHQ.

After the deadly attack on Army Public School in Peshawar on December 16, 2014, Prime Minister Nawaz Sharif had lifted the moratorium on death penalty. The first execution was then carried out on April 8 in Machh Jail in Balochistan.

These executions were stayed during a month's reprieve in Ramazan. However, they resumed at the end of July.

As many as 301 people were executed in 7 months. Most had been languishing in jails for more than 20 years.

Kanizan, a prisoner on death row, has exhausted her appeals and is waiting for her turn to be hanged.

She is currently being held at Lahore's Kot Lakhpat Jail. Prison authorities have moved her to a psychiatric ward, saying she is not mentally stable. She was sentenced to death for killing 6 children and their mother in connivance with their father in Toba Tek Singh.

Most of those executed had been convicted of murder over personal enmity, kidnapping for ransom, rape and robbery.

Less than 30 people were executed for terrorist activities. Among those executed for terrorist activities, 13 were tried under the Anti-Terrorism Act, while 12 were hanged after being punished by Field General Court Martial. 8 people were executed for assassination attempts on former president General (r) Pervez Musharraf and 1 person for the attack outside the US Consulate in Karachi. A man was hanged for attacking the General Headquarters (GHQ) of the Pakistan Army in Rawalpindi.

Among those convicted by Field General Court Martial, three were former officials of the Pakistan Air Force, three of Pakistan Army, one was the son of a retired army official and one was a sepoy, who had killed a colleague in Peshawar Cantt while on duty.

Of the 13 people tried by Anti-Terrorism Courts, 8 belonged to the Lashkar-i-Jhangvi. They had been convicted for sectarian killings. 3 among them were those who had hijacked a PIA plane from Turbat to Karachi in 1998.

Supreme Court advocate Tipu Salman Makhdoom says the worst in terms of executions is yet to come.

"More executions are expected in 2016. This is going to bring a bad name to Pakistan," he says.

"People are being hanged over personal enmities, not because of their involvement in terrorism. The government should arrest real terrorists, establish cases against them and give them exemplary punishment."

Wednesday, 30 December 2015

Thailand warns citizens not to visit Myanmar amid protests over death sentence on 2 migrants

Source: Straits Times (27 December 2015)

http://www.straitstimes.com/asia/se-asia/thailand-warns-citizens-not-to-visit-myanmar-amid-protests-over-death-sentence-on-2

The authorities in the areas bordering Thailand and Myanmar on Saturday (Dec 26) warned Thai nationals not to visit Myanmar at this time, as thousands of people held protests across the border after a Thai court's death sentence verdict against two Myanmar migrants last week.

Peaceful protests were held in the Tachilek and Taungoo border towns in Myanmar on Saturday. And some 60 people continued with their protests for a third day outside the Thai Embassy in Yangon on the same day.

In Tachilek town, across Chiang Rai's Mae Sai district, some 2,000 people gathered at a local stadium about 2km from the border area.

They protested against the Samui Provincial Court's ruling last Thursday that handed down death penalties on Myanmar men Zaw Lin and Win Zaw Htun for the 2014 murders of British tourists David Miller and Hannah Witheridge.

Protest leaders submitted a letter to the Thai border authorities, who accepted it on behalf of the Thai government. The letter called for a fair and just trial.

Thai authorities temporarily closed the border checkpoint for safety reasons. The protesters dispersed peacefully later yesterday. The border checkpoint was reopened shortly afterwards.

At Taungoo town, about 400 Myanmar people protested against the court ruling. Some of the protesters were Myanmar migrant workers from the Thai side of the border.

The protest was peaceful, and they dispersed at about 4pm.

The local authorities in Kanchanaburi's Sangkhla Buri district, which is across the border from the Myanmar town, urged Thai tourists in Myanmar to return home urgently and advised those about to cross the border to delay their visit.

About 60 protesters gathered yesterday outside the Thai Embassy in Yangon, which was closed for the weekend. The demonstration was peaceful and security officials were sent to monitor the situation, according to Foreign Affairs Ministry spokesman Sek Wannamethee.

Foreign Minister Don Pramudwinai said yesterday that he did not think the protests in Myanmar would worsen and sour ties between the two countries.

He said the Thai government was aware of the protesters' demands. "But we have to let the justice process to take its course anyway. That's an international standard of practice. The Thai court system is acceptable," he said.

The two Myanmar convicts were yesterday transferred from a jail on Koh Samui to the Nakhon Si Thammarat prison. They were moved early on Saturday morning to a maximum-security prison that is intended for convicts sentenced to life imprisonment or the death penalty.

Meanwhile, the Thai Journalists' Association (TJA) yesterday issued a statement in response to an earlier statement by the Myanmar Journalists' Association about the court verdict.

The TJA said it agreed with the MJA that as journalists, "our responsibility is to seek truth and justice".

The statement said: "We see the utmost importance of seeking truth and justice, especially in such a controversial case like the tragedy on Koh Tao. The Thai media has already engaged in investigative reporting on this case throughout the judicial process."

Pressure from Myanmar has also come from the National League for Democracy (NLD), which won the recent general elections.

The party issued a statement urging the Myanmar government to give necessary assistance in filing an appeal on behalf of the Koh Tao convicts.

The NLD also welcomed the protest against the court decision outside the Thai Embassy in a way that would not tarnish the country's dignity, Eleven Myanmar reported on Saturday.

Monday, 21 December 2015

HRW urges Pak to restore death penalty moratorium

Source: The Siasat Daily (17 December 2015)

http://www.siasat.com/news/hrw-urges-pak-restore-death-penalty-moratorium-887119/

New York: Pakistan's government should immediately halt executions, reinstate the moratorium on the death penalty, and move toward abolition, Human Rights Watch said today in a joint letter with Amnesty International to Prime Minister Nawaz Sharif.

In the year since the country's six-year moratorium on executions was lifted, Pakistan has carried out more than 300 executions. Those executed include child offenders, defendants who received blatantly unfair trials, and, most recently, individuals tried in secret by military courts with no civilian oversight.

"Over the past year with the moratorium lifted, the Pakistani government has sent hundreds to the gallows with cruel disregard for the rights of those put to death," said Brad Adams, Asia director at Human Rights Watch.

"The government urgently needs to find a better way to address militancy and common crime since the death penalty has long shown to be ineffective in tackling these challenges," he added.

On December 17, 2014, Sharif rescinded an unofficial moratorium on capital punishment following a militant attack on a school in Peshawar the previous day that killed at least 149 people, including 132 children. The authorities should bring the perpetrators of this horrific attack to justice in fair trials, but without resorting to the death penalty.

Human Rights Watch opposes the death penalty in all circumstances as an inherently cruel punishment. (ANI)

Saturday, 19 December 2015

Japan executes first man convicted by citizen judges

Source: The Guardian (18 December 2015)

http://www.theguardian.com/world/2015/dec/18/japan-executes-first-man-convicted-by-citizen-judges

Japan on Friday carried out the first execution of a man who had been convicted by lay judges, as part of a pair of hangings that were condemned by human rights groups.


The two executions bring to 14 the total number of death sentences carried out since Shinzo Abe became prime minister three years ago.

Japanese media quoted a justice ministry official as saying that Sumitoshi Tsuda had been hanged for killing three people in May 2009. Tsuda, 63, was the first inmate to be executed following a conviction by a new system introduced in 2009to give citizen jurors a role in sentencing, along with a panel of judges.

Campaigners described the executions as “a cruel form of punishment”.

Roseann Rife, East Asia research director at Amnesty International, said: “The Japanese authorities’ willingness to put people to death is chilling and must end now before more lives are lost. The death penalty is not justice or an answer to tackling crime, it is a cruel form of punishment that flies in the face of respect for life.

“Japan should immediately introduce an official moratorium on executions as a first step towards abolition of the death penalty.”

Some campaigners hoped lay judges would be more reluctant to convict defendants accused of crimes that carry the death penalty - particularly those who claim they were forced to confess - but the number of accused to have been sentenced to death under the system now stands at 26.

The justice minister, Mitsuhide Iwaki, told reporters that the lay judges had arrived at a “very grave” judgement after lengthy deliberations.

The second hanged man, Kazuyuki Wakabayashi, 39, had been convicted of the murder of a 52-year-old woman and her daughter in 2006. He was sentenced to death by judges.
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Japan has resisted international pressure to abolish the death penalty, notably from the UN and the European Union. Public support for capital punishment has remained strong since Aum Supreme Truth, a doomsday cult, killed 13 people and injured thousands of others in a sarin gas attack on the Tokyo subway in 1995.

Japan and the US are the only two advanced industrial nations that retain the death penalty. Last year, only 22 countries carried out executions, and as of November this year, 140 countries had abolished capital punishment in law or in practice, according to Amnesty.

“Japan’s continued use of the death penalty makes it stand out for all the wrong reasons – across the world, and increasingly also in the East Asia region,” Rife said.

Japan’s “secret” executions have been condemned as particularly cruel. Typically, prisoners are kept in solitary confinement for years and given only a few hours’ notice before being led to the gallows. Their families and lawyers are usually notified about the execution only after it has taken place.

Amnesty said that several prisoners with mental and intellectual disabilities are known to have been executed or remain on death row.

Doubts have also been raised over the safety of death penalty convictions in Japan. Iwao Hakamada, who had spent more than 45 years on death row, was freed last year after a court ordered a retrial in his murder case, amid suggestions that police investigators fabricated evidence against him.

Before Friday’s executions Japan had 128 inmates on death row, local media said.