Jul 2, 2011 ... spared from the death penalty in Indonesia have been made more difficult by
past refusals to .... 'PORN' CASE - DANES TRY TO BLOCK USE OF DRUG IN US
EXECUTIONS - KUWAIT: ..... video of what appears to be the.
Crime and Justice Death Penalty and the Right to Life
July 2011
Inter Press Service
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July 2011
IPS, the global news agency, brings you independent news and views on capital punishment. In this newsletter you will find in-depth reports by IPS correspondents from around the world and columns by experts, in addition to special sections for news from international NGOs and a review of the global media for a glimpse of what is happening on the ground. Join us in helping strengthen awareness about the abolition of death penalty – and encourage your friends and colleagues to subscribe to this free monthly newsletter.
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Undisclosed Beheading at Heart of Indonesian, Saudi Row Matthew Cardinale
ATLANTA, Georgia, U.S., Jun 30, 2011 (IPS) - Indonesia, which has an estimated 1.2 million emigrants in Saudi Arabia, is deeply troubled that Saudi Arabia beheaded one of its citizens in a death penalty sentence without even contacting the government in Jakarta. MORE >>
Iran Executing Hundreds in "War on Drugs" Matthew Cardinale
ATLANTA, Georgia, U.S., Jun 27, 2011 (IPS) - Iran is drawing international criticism for its continued mass executions of people convicted of violating its drug laws. The Islamic Republic's judiciary reported that 300 people were on death row as of May 30. MORE >>
Uphill Battle to Save Australians From Execution By Stephen de Tarczynski
MELBOURNE, Jun 23, 2011 (IPS) - Any Australian government efforts to have two of its citizens spared from the death penalty in Indonesia have been made more difficult by past refusals to intervene on behalf of three Indonesian Islamists in the lead-up to their executions in 2008. MORE >>
INDIA: Noose Not Mandatory for Drug Crimes, Rules Court By Ranjit Devraj
NEW DELHI, Jun 22, 2011 (IPS) - By striking down a law that makes the death penalty mandatory for drug-related offences, the Bombay High Court has raised hopes among rights activists that other countries in the region will follow suit. MORE >>
BAHRAIN: Tribunal-Issued Death Sentences Cause Outcry By Matthew Cardinale
ATLANTA, Georgia, U.S., Jun 11, 2011 (IPS) - Democracy advocates in the United States are troubled by the pending execution of two men who took part in anti-government protests in Bahrain. MORE >>
Death Penalty Popular in China By Gordon Ross
BEIJING, Jun 10, 2011 (IPS) - Despite government efforts to curb the number of people it puts to death, China continues to execute more people than the rest of the world combined, and corporal punishment remains popular among the citizenry. MORE >>
ZIMBABWE: They Live by the Sword, But Should They Die by the Sword? By Nyarai Mudimu
HARARE, Jun 9, 2011 (IPS) - In her glory days, death-row inmate Rosemary Khumalo (66) lived life dangerously on the edge. She was a sanguinary fortune hunter who would resort to anything, even murder, to land her loot, according to court records of her trial. MORE >>
UGANDA: ‘So Many Innocent People Are Dying’ Wambi Michael interviews EDMARY MPAGI, Ugandan death penalty abolitionist
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06/07/2011
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KAMPALA, Jun 7, 2011 (IPS) - Edmary Mpagi and his cousin Fred Masembe were convicted by a Ugandan court and sentenced to death for the murder of a man who was later found alive. MORE >>
DEATH PENALTY-INDIA: Clemency Denial Opens Can of Worms By Ranjit Devraj
NEW DELHI, Jun 3, 2011 (IPS) - In a country where capital punishment is rare, human rights activists are surprised by a sudden move to hang a Sikh separatist militant convicted for bombing attacks on a senior police officer and a Congress party politician in the early 1990s. MORE >>
TAIWAN: No Indictment Over Wrongful Execution By Dennis Engbarth
TAIPEI, Jun 1, 2011 (IPS) - Taiwan prosecutors certified that Air Force private Chiang Kuo-ching had been wrongfully executed in August 1997 for the rape-murder of a five-year-old-girl at an air force headquarters compound in Taipei, but failed to indict any of the nine military officers responsible for extracting his "confession" through torture. MORE >>
WORLD PRESS REVIEW: IRAN: DEATH SENTENCE FOR APOSTASY REPORTEDLY UPHELD FOR PASTOR NADARKHANI - JAPAN: MAN TO HANG FOR KILLING WOMAN, 21- EGYPT: CLERIC APPROVES COP'S DEATH SENTENCE - IRAQ: PRESIDENCY RATIFIES DEATH SENTENCE AGAINST TUNISIAN - MALAYSIA: RESOLUTION OVER MORATORIUM ON DEATH PENALTY - SAUDI ARABIA: ‘BLOOD MONEY’ PAYMENT SPARES INDONESIAN MAID FROM EXECUTION - TUNISIA: RADICALS SAY TUNISIA MOVING TOWARDS ABOLITION - INDIA: 4 MAOISTS GET DEATH FOR J'KHAND MASSACRE - MOROCCO: WORLD COALITION AGM OPENS WITH PLEA FOR ABOLITION - GEORGIA (USA): MAN EXECUTED FOR 1978 RAPE AND MURDER - ARKANSAS (USA): SUPREME COURT HALTS THREE EXECUTIONS - FLORIDA (USA): MIAMI FEDERAL JUDGE RULES DEATH PENALTY UNCONSTITUTIONAL - EGYPT: DEATH SENTENCE FOR BUS DRIVER WHO SHOT DEAD 6 COLLEAGUES - PAKISTAN: MAN SENTENCED TO DEATH FOR BLASPHEMY - CHINESE COALMINER SENTENCED TO DEATH FOR MURDERING MAN IN POLLUTION ROW - BAHAMAS: GOVERNMENT PLANS LEGISLATION TO STRENGTHEN DEATH SENTENCES - AFGHANISTAN: TWO CHARGED IN DEADLY BANK ATTACK EXECUTED - CALIFORNIA (USA): STATE TAXPAYERS HAVE SPENT $4 BILLION ON CAPITAL PUNISHMENT SINCE 1978 - SAUDI BEHEADS INDONESIAN WOMAN CONVICTED OF MURDER - SAUDI BEHEADS INDONESIAN WOMAN CONVICTED OF MURDER - SOMALIA: AL SHABAB PUBLICLY EXECUTES 2 FOR SPYING - IRAQ: COURT GIVES DEATH PENALTY TO 15 IRAQIS OVER WEDDING MASSACRE - UAE: FORMER FOOTBALLER SENTENCED TO DEATH - TRINIDAD & TOBAGO: PRIVY COUNCIL QUASHES MANDATORY DEATH FOR CERTAIN MURDERS - BAHAMAS: MAXO TIDO DEATH SENTENCE OVERTURNED - SAUDI ARABIA: KILLER SAVED FROM THE SWORD AT THE 11TH HOUR - AFGHANISTAN: TWO SENTENCED TO HANG FOR MASSACRE IN JALALABAD - TUNISIA: BEN ALI MAY FACE UP TO 20 YEARS OR THE DEATH PENALTY - VIETNAM: DEATH SENTENCES TO BE EXECUTED BY POISON - IRAQ: TAREQ AZIZ'S SON- END MY FATHER'S SUFFERING - CHINESE SENTENCED TO DIE FOR MONGOL HERDER'S DEATH - INDIA: HIGH COURT STAYS EXECUTION OF DEATH SENTENCE ON DAS - CHINA: STUDENT EXECUTED OVER HIT-AND-RUN MURDER - IRAN: SUPREME COURT QUASHES DEATH SENTENCE IN 'PORN' CASE - DANES TRY TO BLOCK USE OF DRUG IN US EXECUTIONS - KUWAIT: BANGLADESHI TRIO SENTENCED TO DEATH IN MURDER OF COMPATRIOT - ARMENIAN PRISON CONDITIONS AGAIN CRITICIZED BY CIVIC MONITORS - ETHIOPIA PARDONS 23 TOP DERG OFFICIALS - NEW CHARGES FOR 9/11 SUSPECTS HELD AT GUANTANAMO News from International NGOs: ARAB SPRING AT THE HEART OF WORLD COALITION AGM - PENAL REFORM INTERNATIONAL HELD A REGIONAL CONFERENCE ON JUVENILE JUSTICE IN ALGIERS - PUERTO RICO PRESSURES OBAMA TO ABOLISH UNWANTED FEDERAL DEATH PENALTY - OBAMA AND THE DEATH PENALTY - UN ADOPTS DRAFT OPTIONAL PROTOCOL TO THE UN CRC ON A COMMUNICATIONS PROCEDURE - CLEMENCY URGED AS ALABAMA EXECUTION LOOMS - SAUDI ARABIA: SURGE IN EXECUTIONS IN RECENT WEEKS IPS has partnered with Penal Reform International to expand its independent coverage of issues surrounding capital punishment and long-term imprisonment.
The contents of this publication, funded by the European Union, are the sole responsibility of IPS and can in no way be taken to reflect the views of the European Union. Copyright © 2011 IPS-Inter Press Service. All rights reserved.
http://www.ipsnews.net/deathpenaltyabolition/jul2011.asp
06/07/2011
Crime and Justice — Death Penalty and the Right to Life
PROJECT ARTICLES
Khairiya bint Hamid Mijlid. She allegedly stabbed Mijlid several times with a knife
Undisclosed Beheading at
and a meat cleaver. The motive for the crime was not revealed by authorities.
Heart of Indonesian, Saudi Row By Matthew Cardinale ATLANTA, Georgia, U.S., Jun 30, 2011 (IPS) - Indonesia, which has an estimated 1.2 million emigrants in Saudi
Indonesia has set up a special task force in Saudi Arabia to provide legal advice to the 23 remaining Indonesians on death row, in assisting them with their appeals.
Arabia, is deeply troubled that Saudi Arabia beheaded one of its citizens in a death penalty sentence without even contacting the government in Jakarta.
"The government is committed to saving them from the death penalty," said Martua Batubara, spokesperson for Indonesia's Justice and Human Rights
Indonesia has recalled its ambassador from Saudi Arabia, but is lobbying the kingdom to commute the sentences of 23 Indonesians who are currently on
Ministry, according to the Jakarta Globe. "But at least for now, we have secured the commitment of the kingdom" to review the cases.
death row in Saudi Arabia. The Saudi government has also agreed "The reason they [Indonesia] are upset is, number one, they were not
to let 316 Indonesians out of prison to be deported back to Indonesia.
informed. Usually when it's international, they will inform the government concerned. Number two, they want to protect their citizens," T.
Saudi Arabia has sent back 4,410 Indonesians who overstayed their visas since March 2011.
Kumar, director of international advocacy for Amnesty International USA, told IPS.
The 23 Indonesians currently in death row in Saudi Arabia were convicted of crimes and are not facing the death
Roiaiti Beth Sabotti Sarona was beheaded after being convicted in Saudi
penalty for the sole reason of being undocumented immigrants, Kumar said.
Arabia for the murder of Saudi citizen Still, human rights advocates have Page 3
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expressed concerns about the fairness
on migrant workers going to Saudi
of trials in Saudi Arabia and about the
Arabia to begin in August 2011, has
recent increase in the number of
created a 24 hour crisis hotline for its
executions there.
workers abroad, and is working to create more jobs at home.
Indonesia is trying to convince Saudi Arabia to allow the payment of qisas, or "I decided to apply a moratorium on blood money, to the victims of the
sending Indonesian workers to Saudi
alleged crimes, which would allow the
Arabia to be in effect on Aug. 1, but
23 Indonesians to get off of death row.
starting from today, steps toward this have begun," President Susilo Bambang
"It's a common practice. It's something
Yudhoyono said in a national television
that's sanctioned in Islamic law, like
address on Jun. 23, according to
Saudi Arabia or Iran, that claims to be
Reuters.
guided by Islamic law," said Joe Stork, deputy director of the Middle East and
Indonesia's National Board for the
North Africa Division of Human Rights
Placement and Protection of Indonesian
Watch.
Overseas Workers has opened a crisis centre for migrant workers and their
"Somebody may offer a certain amount. families. It's my understanding the victim has the right to refuse. You often find society
"The migrants are treated pretty badly
will put a lot of pressure on a family to
there. There are over one million
accept blood money," Stork said.
Indonesians over there doing menial work. The law does not protect them as
Stork said Saudi Arabia has an incentive they should protect," Kumar said. to negotiate qisas, which is to decrease overall their number of executions, thus In response to the steps taken by appeasing death penalty abolition
Indonesia, Saudi Arabian Labor Ministry
advocates worldwide. "Saudi Arabia
Thursday announced a ban on
executes a lot of people, far too many," temporary work visas for workers from Stork said.
Indonesia as well as the Philippines, to begin on Saturday.
Indonesia, in response to the execution of Sarona, has called for a moratorium
But Indonesian officials did not seem Page 4
Crime and Justice — Death Penalty and the Right to Life
too concerned. "They often say that, but as a matter of fact, they're still taking workers from
Iran Executing Hundreds in "War on Drugs" By Matthew Cardinale
us," said Muhaimin Iskandar, Indonesian Minister of Manpower and Transmigration, according to the Jakarta Globe.
ATLANTA, Georgia, U.S., Jun 27, 2011 (IPS) - Iran is drawing international criticism for its continued mass executions of people convicted of
The diplomatic dispute, which will impact the work opportunities of hundreds of thousands of Asians, seems
violating its drug laws. The Islamic Republic's judiciary reported that 300 people were on death row as of May 30.
to stem back to Saudi Arabia's decision to violate international norms in beheading Sarona without notifying Indonesia.
"For 300 drug-related convicts, including those who were in possession of at least 30 grammes of heroin, execution verdicts have been issued," said Abbas
Meanwhile, Amnesty International emphasised that even though it has raised special concerns about the
Jafari Dolatabadi, Tehran's prosecutorgeneral, according to the Sharq daily newspaper.
situation involving Indonesia and Saudi Arabia, it is opposed to the death penalty not only in Saudi Arabia, but everywhere.
The Iranian government has already hanged 126 people for drug offences so far this year, as of May 30, according to Hands Off Cain, a death penalty
"We are concerned it's a violation of
abolition organisation.
human rights of any human being- no one should have the right to take the life of another human being - including the government," Kumar said. (END)
Iran executed 650 people in 2010, 590 of whom were convicted for drug offences, according to the United Kingdom Foreign & Commonwealth Office 2010 report on Human Rights and Democracy. This was up from 388 in 2009.
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"Estimates suggest that Iran executes
high because 74 percent of those
more people per capita than any other
executed are traffickers in large
country in the world. The year 2010 saw quantities of opium from Afghanistan a steep increase in the number of
bound for European markets,"
executions in response to a tough new
Mohammad Javad Larijani, head of
anti-drugs policy," the report states.
Iran's Supreme Council for Human Rights, said during a press conference in
"We've seen a huge surge in numbers
May.
being reported by the government, we're not sure whether they're the
The press conference followed a
actual numbers," Faraz Sanei, Iran and
meeting with South African Deputy
Bahrain researcher with Human Rights
Foreign Minister Ebrahim Ebrahim, at
Watch's Middle East and North Africa
which South Africa criticised the
division, told IPS.
sentences.
Some of the executions have been
It is not disputed that Iran has some
recent. Iran executed Esmaeel G.,
serious problems with drugs and drug
Hossein N., Hasan Q., and Hasan K. for
trafficking. Many Iranians have
drug offences on Jun. 1, according to
addiction problems with heroin and
Iran's justice department website.
opium, while some have reportedly turned to making chemical drugs in their
On Jun. 19, two men - Siah Khan Sh. and homes. Mohammad N. - were hanged for drugrelated convictions, according to the
In addition, "Iran is dealing with a
Ettelaat newspaper of Iran.
problem of armed drug trafficking gangs from Afghanistan, paramilitaries. There
The executions are most often carried
have been levels of violence between
out by hanging, although another
traffickers and government forces,"
common method is firing squad. Iran's
Ethan Nadelmann, executive director of
method of hanging, called suspension
the Drug Policy Alliance, told IPS.
strangulation, is particularly cruel and involves strangulating someone by
Still, "that is no reason to move forward
pulling them upward with a crane.
with the hanging of 300 people, not people who are drug lords. Essentially
"The number of executions in Iran is
people get caught up in low-level drug Page 6
Crime and Justice — Death Penalty and the Right to Life
offences," Nadelmann said.
possession," Sanei said, adding, "The amount of drug required under Iranian
Larijani defended Iran during the press
law to get you the death penalty is very
conference.
small."
"There is an easy way for Iran and that is "The judiciary is extremely to close our eyes so drug traffickers can nontransparent in Iran. We don't just pass through Iran to anywhere they believe these individuals have fair trials. want to go," Larijani said. "The number
In particular with drug laws in Iran,
of executions in Iran would drop 74
there's been a streamlining process in
percent. That would be very good for
last several years which allows, when
our reputation."
they get someone for drug trafficking, it's not appealable. It goes back to the
But Nadelmann said, "The Iranians are
prosecutor's office, that's the person
being disingenuous when they say
who decides if they should be executed
there's a requirement to execute people or not. This completely violates because of Western law."
international trial standards," Sanei said, adding that access to attorneys is
Iran may be in violation of international often also a problem. law, specifically the International Covenant on Civil and Political Rights, of At the same time that Iran has taken which Iran is a signatory, Sanei argued.
increasingly severe approach in
The ICCPR says the death penalty, if not sentencing those convicted of violating abolished entirely, should be reserved
drug laws, it also had embraced a public
for the most serious and grave offences. health or harm reduction approach in terms of needle exchange programmes. "Look at the Iranian penal code. A whole host of crimes can get you the death
"Five years ago the Ayatollah declared
penalty. A large number of these crimes needle exchange programmes okay would not be considered by human
under Sharia law," Nadelmann said,
rights lawyers to be serious," Sanei said. adding that the decision was in part out of concern for preventing the spread of "One of those are drug offences... many HIV. of the individuals on death row in Iran are essentially on death row for drug Page 7
"Because of the growing totalitarian
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nature of the Ajmadinejad government, Bali to Australia in April 2005. there has been less support for harm reduction, but it still continues,"
Acting on information provided by the
Nadelmann said.
Australian Federal Police, Indonesian authorities swooped, arresting Chan,
Meanwhile, India's Supreme Court
Sukumaran and seven other members
announced last week that the death
of the trafficking group, since dubbed
penalty for drug related offences was
the ‘Bali Nine’.
unconstitutional. (END)
Although six members of the group actually received death sentences, Chan and Sukumaran are the only two still on
Uphill Battle to Save
death row.
Australians From Execution
Bali Nine couriers Tan Duc Thanh
By Stephen de Tarczynski
Nguyen, Matthew Norman and Si Yi Chen had their sentences downgraded
MELBOURNE, Jun 23, 2011 (IPS) - Any
to life in prison in 2008 following a roller
Australian government efforts to have
-coaster ride of appeals and counter-
two of its citizens spared from the death appeals. Initially awarded life terms, penalty in Indonesia have been made
their sentences were reduced to 20
more difficult by past refusals to
years and then upgraded to death
intervene on behalf of three Indonesian before finally settling back where they Islamists in the lead-up to their
started - at life in prison.
executions in 2008. Another member of the group, 24-yearTime is running out for Australian
old Scott Rush, experienced similar ups
citizens Andrew Chan, 27, and Myuran
and downs in his appeal process. Rush’s
Sukumaran, 30.
final appeal against the death penalty was commuted to a life sentence on
The two men were sentenced to death
May 10 this year.
by firing squad in Indonesia in 2006 for their roles in organising the attempted
That same day, Chan’s last available
smuggling of more than eight kilograms judicial effort to save himself was of heroin from the Indonesian island of
rejected, although the Indonesian Page 8
Crime and Justice — Death Penalty and the Right to Life
Supreme Court only revealed its
rejection of Chan’s judicial review was
decision on Jun. 17.
made public.
It means that an appeal to Indonesian
Foreign minister Kevin Rudd also spoke
President Susilo Bambang Yudhoyono,
of backing Chan, committing "to use
who has the power to grant clemency in every form of representation to such cases, is Chan’s only hope of
government concerned in support of
avoiding being executed.
that person."
Clearly, the court’s decision to uphold
In approaching Yudhoyono, who
Chan’s death sentence does not bode
became the first Indonesian head of
well for Sukumaran. Both men launched state to address the Australian their final appeals, known as judicial
parliament in March last year,
reviews, last August.
Australian leaders can highlight the close relations that exist between
Although the outcome of Sukumaran’s
Indonesia and its southern neighbour.
review has yet to be announced, the likelihood is that he, like Chan, will not
Presently, the two countries cooperate
be given a reprieve. Instead, it is likely
on a range of issues of concern to both,
that both will be pinning all their hopes
including counter- terrorism, people
on the mercy of President Yudhoyono.
smuggling and illegal fishing. Additionally, some 400 Australian firms
The Australian Government has pledged operate in Indonesia and bilateral trade to do all it can to help Chan. Sukumaran was worth 11.3 billion Australian dollars can expect the same assistance if his
in 2009. Close to 14,000 Indonesian
appeal fails.
students studied here in 2010.
"I’ll be happy to do whatever is
Indonesia is also the largest recipient of
necessary to put as much force as we
Australian aid funds, worth an
can into the appeal for clemency for
estimated 458.7 million Australian
Andrew Chan, including personally
dollars in the last twelve months alone,
involving myself," said Australian Prime
according to Australia’s Department of
Minister Julia Gillard, who also
Foreign Affairs and Trade.
reiterated the government’s opposition to the death penalty, the day after the Page 9
While this strong and growing bilateral
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relationship places Gillard government
intercede for the Bali bombers while
representatives in a good position from
then foreign minister, Alexander
which to call on Yudhoyono to grant
Downer, was particularly blunt.
clemency to Chan and, if required, Sukumaran, considerable obstacles
"The Australian government will not lift
stand in the way of achieving that goal.
a finger to support these three people who killed 88 Australians in Bali,"
Indeed, Yudhoyono’s own views on the
Downer famously said.
matter loom as a major challenge for Australian officials. The Indonesian
One month prior to leading the
leader is regarded as a staunch
Australian Labor Party to victory in
supporter of capital punishment,
elections that year, then-opposition
including for those convicted of drug
leader Rudd said that his government
trafficking. Since coming to power in
would never seek clemency for a
2004, he has consistently maintained
terrorist on death row, despite having
that he will not pardon drug convicts.
previously argued that the death penalty "is unacceptable in all
But any Australian efforts to influence a circumstances and in all jurisdictions." change of mind in Yudhoyono will undoubtedly be severely weakened by
The Gillard government now faces an
the attitudes of previous governments
uphill battle to persuade Yudhoyono to
to the death sentences handed down to grant clemency to Chan and, in the most three Indonesian Islamist militants in
likely scenario, to Sukumaran too. (END)
2003. Convicted for their roles in the 2002 Bali bombings in which 202 people died,
INDIA: Noose Not Mandatory
including 88 Australians, the three men
for Drug Crimes, Rules Court
were executed by firing squad in November 2008.
By Ranjit Devraj NEW DELHI, Jun 22, 2011 (IPS) - By striking down a law that makes the
Despite Australia’s long-standing opposition to capital punishment, former prime minister John Howard
death penalty mandatory for drugrelated offences, the Bombay High Court has raised hopes among rights
stated in 2007 that he would not Page 10
Crime and Justice — Death Penalty and the Right to Life
activists that other countries in the
The Court however, refrained from
region will follow suit.
striking down the law, preferring to read it down instead. Consequently, the
"While we believe the death penalty for sentencing court will have the option drugs – as a mandatory or discretionary and not obligation, to impose capital sanction – has no place in any country’s punishment on a person convicted a legal system, we believe this is a major
second time for possessing drugs in
step in the right direction," said Patrick
large quantities.
Gallahue, analyst with the Londonbased Harm Reduction International
One beneficiary of the ruling is Ghulam
(HRI).
Mohammed Malik, a Kashmiri man sentenced to death by a special NDPSA
Gallahue told IPS, in an e-mail
court in Mumbai in February 2008 for a
discussion, that some of India’s
repeat offence of smuggling charas
neighbours prescribe a mandatory
(cannabis resin).
sentence of death for certain types of drug offences and they argue that it is
Malik was sentenced to death with no
normal for the region.
consideration given to mitigating factors because of the mandatory nature of the
"The removal of the death penalty as a
punishment provided under the NDPSA.
mandatory punishment for drug-related crimes by India means that there is less
In general, Indian courts stick by the
cover for other countries in the region
principle that the death penalty should
to defend national policies that go
awarded only in the "rarest of rare"
against international law," Gallahue
case. Hangings, the sole approved mode
said.
of execution in India, are rarely carried out.
The Jun. 16 ruling of the court declared relevant sections of the Narcotic Drugs
The court verdict toning down the
and Psychotropic Substances Act,
NDPSA came in response to a petition
(NDPSA), that imposes a mandatory
filed by the Indian Harm Reduction
death sentence for a subsequent
Network (IHRN), a consortium of non-
conviction for drug trafficking,
government organisations (NGOs)
"unconstitutional".
working for humane drug policies.
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IHRN assailed the law as "arbitrary,
to drugs," Tandon said. "Laws that take
excessive and disproportionate" to the
away judicial discretion where the
crime of dealing in drugs.
capital punishment is involved are unacceptable, because there may be
Tripti Tandon, who heads advocacy at
mitigating circumstances and individual
the Lawyers’ Collective, a part of the
situations."
network, told IPS that the death penalty is reserved for "very serious offences
Tandon said she hoped that the Indian
that involve the taking of life and this
ruling will set a positive precedent in a
did not apply to possessing or dealing in region notorious for its draconian drug drugs."
laws.
Tandon said she was aware of
Some 32 countries currently impose
widespread concern that India is
capital punishment for offences
considered a major transit point for
involving narcotic drugs and
drugs from the "Golden Crescent" to its psychotropic substances. Of these, 12 northwest and from the "Golden
continue to prescribe mandatory death
Triangle" to its northeast. "But the fact
sentences for drug crimes.
is trafficking in this country rarely involves violent crime," she said.
In Iran and China drug offenders constitute the vast majority of those
"Officially, India sees drug trafficking as
executed. In May last year, the Court of
an economic offence that is dealt with
Appeal in Singapore upheld the
by the department of revenue." Tandon mandatory death sentence imposed also pointed out that Indian society has
upon a young Malaysian for possession
traditionally been tolerant of a certain
of heroin.
level of the use of such substances as cannabis and opium, which, in their
According to Gallahue less than five
unrefined state, are not as harmful or
percent of the world’s countries impose
addictive as refined derivatives such as
and carry out the death penalty for drug
heroin.
-related offences. "That is a very small minority of states and those that still
"The Bombay High Court ruling is a
impose a mandatory death sentence for
recognition of the principles of harm
drugs are an extreme fringe for both
reduction and human rights in relation
capital punishment and drug policies. Page 12
Crime and Justice — Death Penalty and the Right to Life
and Mahmoud Farooq Abdulsamad "Finally, there is not – nor has there
during the protests.
ever been – any credible evidence that the death penalty for drugs serves as a
The execution was issued by the
deterrent," said Gallahue. "Capital
National Safety Court, a special court
punishment is a wildly inappropriate
created when Bahrain declared a state
response to drugs." (END)
of national safety - a close approximation to martial law - in March 2011.
BAHRAIN: Tribunal-Issued
The state of national safety was lifted
Death Sentences Cause
on Jun. 1, but the National Safety Courts
Outcry By Matthew Cardinale
are continuing their work in the prosecution of many pro-democracy activists, Faraz Sanei, Bahrain researcher for the Middle East and
ATLANTA, Georgia, U.S., Jun 11, 2011
North Africa Division of Human Rights
(IPS) - Democracy advocates in the
Watch, told IPS.
United States are troubled by the pending execution of two men who took According to BNA, the special courts part in anti-government protests in consist of two civil judges and one Bahrain.
military judge "in order to ensure the fairness of the judicial system in the
As some governments around the world Kingdom and safeguards the suspects’ are enacting, and even expanding upon, right for fair trials and allowed them to U.S.-inspired anti-terrorism policies -
appeal the verdicts."
particularly in the wake of prodemocracy movements that have swept But the trials were held behind closed Egypt and Tunisia - Bahrain is taking doors, and the men all pled not guilty. things to a new extreme.
The men were held in undisclosed locations in the weeks leading up to the
Ali Abdulla Hassan Al Sinkees and
trials, and were denied communications
Abdulaziz Abdul Ridha Ibrahim Hassan
with family, friends, and attorneys.
were convicted on Apr. 28 for killing two policemen - Kashef Ahmed Mandhour Page 13
The government of Bahrain produced a
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video of what appears to be the convicted men admitting to the killings
Bahrain crushed the popular uprising
and describing how they carried them
with military help from Saudi Arabia and
out, Sanei said. However, considering
other Gulf nations. The government has
they pled not guilty, advocates like
detained hundreds of citizens since the
Sanei worry the two men may have
state of national safety was declared.
been tortured. One of the individuals detained, Many of the protesters jailed since the
Mohammed al-Tajer, is a human rights
March demonstrations appear to have
lawyer who was planning to defend the
been tortured, according to the Bahrain men who received the death penalty. Center for Human Rights, a group officially banned in Bahrain. HRW
In addition, the two were tried under a
believes the reports of torture to be
2006 anti-terrorism law in Bahrain
credible.
which mandates the death sentence for those convicted. Legal scholars have
Two other men who originally received
criticised the laws there for employing
death sentences had their sentences
an overly broad definition terrorism
reduced to life in prison by the National which includes "threats to national Safety Court of Appeal in a May 22
unity".
ruling. On May 30, BNA reported the Court of Cassation's Technical Office had Bahrain does not issue death sentences received the case, number 75/2011,
as often as other countries, such as the
appealing the execution ruling of the
United States and Iran, but advocates
National Safety Court of Appeal. The
fear the current sentences could be part
Court of Cassation will be reviewing the of a new wave of death penalties there. appeal. "Our concern is that all executions are Bahrain's King Hamad bin Isa Al Khalifa,
inherently a violation of human rights.
a Sunni Muslim, declared a state of
It's a cruel, inhumane, and degrading
national safety on Mar. 15 in response
punishment," said Brian Evans, a
to pro-democracy protests led by Shiite
campaigner for Amnesty International
Muslims activists who are calling for
USA's Death Penalty Abolition
more rights and freedoms under the
Campaign.
monarchy. Page 14
Crime and Justice — Death Penalty and the Right to Life
"Beyond that, we're very concerned
everywhere and under all
civilians have been tried behind closed
circumstances. I remind you that we
doors in a military court and I believe
had, April 24, denounced the death
their first appeal was also behind closed sentence at trial of several people doors in a military court. That amounts
following the events of recent weeks
to an unfair trial," he said.
[which] have shocked and saddened Bahrain," a spokesperson for France's
"We would like to see a new trial that
Ministry of Foreign Affairs and European
meets international trial standards,"
said in a statement.
Evans said. "It is time to seek ways of a sincere But Evans noted Bahrain may not be the dialogue between the parties and only nation with this problem.
reconciliation, the only lasting solution to the political crisis in Bahrain. Respect
"We [the U.S.] are getting ready to have for fundamental freedoms and the fair military trials of our own... [where the
administration of justice and
accused] could face the death penalty as transparency are essential to carry out well," Evans said.
such a process," the statement said.
The European Union (EU) and the nation Earlier this week, on Jun. 7, U.S. of France have been among those
President Barack Obama met with
outspoken in opposing the pending
Bahrain's Crown Prince, Salman bin
executions in Bahrain. The United
Hamad Khalifa, in a U.S. visit that was
States, a major military ally of Bahrain,
not pre-announced.
has been less critical. Obama's response to the apparent "These death sentences risk further
human rights violations in Bahrain has
exacerbating recent tensions in Bahrain been "kind of tepid", Evans said, noting and as such, present an obstacle to
the double standards of U.S. foreign
national reconciliation," Catherine
policy. "The U.S. position has been
Ashton, Foreign Affairs Chief for the EU, different than it was with Egypt," he said in a statement.
said.
"France, like its European partners, is
Prince bin Hamad Khalifa has promised
resolutely opposed to the death penalty to facilitate a period of national Page 15
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dialogue next month, although it is
by Chinese legal scholars who argued
unclear how opposition leaders will be
that too many people were being
able to take part in this dialogue when
unfairly executed for committing trivial
hundreds of them are in jail.
crimes. The group had previously
(END)
persuaded Communist Party authorities to require Supreme Court approval for all death sentences and to make
Death Penalty Popular in China By Gordon Ross
confessions obtained by torture inadmissible in capital cases. In another move to reduce the number of people China puts the death, the
BEIJING, Jun 10, 2011 (IPS) - Despite government efforts to curb the number of people it puts to death, China continues to execute more people than the rest of the world combined, and corporal punishment remains popular among the citizenry. In February, China reduced the number of crimes punishable by death to 55, down from 68. Crimes that no longer warrant the death penalty include smuggling gold and silver, cultural relics
Supreme People’s Court in late May announced a two-year suspension of execution for condemned criminals if an execution is not deemed immediately necessary. In 2007, the Supreme Court took over the authority to review all death penalty sentences. The court said in its report that the death penalty should only be applied to "a very small number" of criminals who have committed "extremely serious crimes."
and rare animals; forging or falsely selling tax invoices; teaching crimecommitting methods; robbing ancient cultural ruins; and carrying out fraudulent activities with letters of credit or financial bills. Individuals over 75 years old are also exempt from the death penalty.
The impact these changes will have on the total number of people China executes is uncertain. The death penalty was seldom used for the 13 crimes scrapped in this year’s ruling, and the vast majority of executions in China are for aggravated murder and large-scale drug trafficking – something unlikely to
The changes were the result of a push
change despite the reforms. Page 16
Crime and Justice — Death Penalty and the Right to Life
Jiang Bo, a 26-year-old IT engineer in Although the government does not
Beijing, agrees.
release information about the number of people it executes, the human rights
"In China, if death sentences are
group Amnesty International has
suspended for several years, sometimes
estimated that China kills thousands of
this means the person has a chance to
people each year. The group last year
be exempted from the death penalty,"
refused to release its estimate of the
Jiang tells IPS. "People who do evil
number of people put to death in China things must die." to protest China’s practice of secret executions, but the Dui Hua Foundation, There is some evidence that support for a San Francisco-based human rights
the death penalty is softening. A 1995
groups, estimates that just under 5,000
study by the Institute of Law, the
people were executed in 2009.
Chinese Academy of Social Sciences and the National Bureau of Statistics, found
Public support for the death penalty
that 95 percent of Chinese approved of
remains high in China. According to a
the death penalty. In a 2003 survey of
survey last year by Sina.com, China’s
16,000 netizens by Netease.com, those
largest news portal, over 75 percent of
in favour of corporal punishment
Chinese favoured keeping the death
dropped to 83 percent, and dropped
penalty, compared with just 13.6
again eight percentage points in the
percent opposed.
Sina.com survey.
"An eye for an eye, a tooth for a tooth. I Liu Wenjuan, a 30-year-old interior support the death penalty," says Yu
designer, thinks the death penalty is
Dahai, a 24-year-0ld office manager in
warranted in cases of murder, drug
Dandong city, Hubei province.
dealing and other "nefarious" crimes, but she supports the Supreme Court’s
Yu disagrees with the People’s Court
decision to review some sentences. "I
decision to suspend some death penalty think it is a better idea to let a convict sentences for two years, arguing that
rethink his crimes for another two
because of corruption in the legal
years, so he can learn what’s right and
system some suspended sentences will
wrong."
lead to early releases and more crime. Zheng Fengtian, a professor at Renmin Page 17
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University of China who supports abolishing the death penalty, says the
HARARE, Jun 9, 2011 (IPS) - In her glory
practice does little to deter crimes,
days, death-row inmate Rosemary
results in people dying for crimes they
Khumalo (66) lived life dangerously on
didn’t commit, and is grossly overused
the edge. She was a sanguinary fortune
in China.
hunter who would resort to anything, even murder, to land her loot, according
"China contributes two-thirds of the
to court records of her trial.
world’s executions," Zheng says. "India, which has a similar population size as
Her last crime in 1998, which ended
China, executes only 30 convicts a year. with the murder of her businessman Even if we don’t abolish the death
suitor Maxwell Sibanda, marked the end
penalty we need to reduce the number
of her life of crime, and ushered in her
we execute."
new life as a death-row inmate at Zimbabwe’s notorious Chikurubi
Zhang Qingsong, director of Beijing
Maximum Security Prison in 2000.
Shangquan Law Firm and deputy director of the Beijing Lawyers
Convicted of the murder of Sibanda and
Association, says the government
armed robbery in 2000 and sentenced
reforms are a step in the right direction
to death, now a frail and pale shadow of
but that further reforms are needed.
her former self, Khumalo has been waiting for her execution for over a
"Currently we have too many crimes
decade.
that would warrant the death penalty, most of which are non- violent," Zhang
"I have petitioned the President (Robert
tells IPS. "We can’t wait until all Chinese Mugabe) for clemency more than five people agree to abolish the death
times. Two of these petitions have been
penalty." (END)
turned down while three have not yet been responded to.
ZIMBABWE: They Live by the Sword, But Should They Die
"I am now frail and suffer ill heath. I have become hypertensive and all I plead for is mercy. This waiting, not
by the Sword?
knowing when I will be executed has
By Nyarai Mudimu
become torture that is worse than the Page 18
Crime and Justice — Death Penalty and the Right to Life
death sentence I am waiting for,"
Prime Minister Prof Arthur
Khumalo told IPS from her cell at
Mutambabra’s Movement for
Chikurubi Maximum Security Prison.
Democratic Change- Mutambara (MDCM) states: "Every human being has the
While Khumalo has been on death row
right to life and may not be deprived of
the longest, she is not alone; there are
it intentionally. A law may permit the
51 others awaiting execution in
death penalty to be imposed on persons
Zimbabwe. The last person to be
convicted of murder but the penalty
hanged in this southern African country may be carried out only in accordance was Mandlenkosi ‘Never’ Masina
with a final judgment of a competent
Mandha who was executed in July 2005. court…" (Although the MDC-T is a signatory of the Kariba draft they have Zimbabwe is drafting a new constitution backtracked on its contents and now say and during the consultative outreach
their position is anti-capital
programmes, mixed reactions were
punishment.)
recorded. Both President Robert Mugabe’s Zanu PF and Professor
While the politicians call for the
Lovemore Madhuku’s National
retention of the death penalty, civic
Constitutional Assembly (NCA) agree on society has been engaged in a spirited the retention of the capital punishment campaign against it. on Zimbabwe’s statutes. The Catholic Commission for Justice and NCA’s draft constitution states that: "As Peace Alouis Chaumba said his part of the Bill of Rights, this draft
organisation was lobbying the minister
proposes that the death penalty be
of justice and legal affairs Patrick
abolished in Zimbabwe in respect of all
Chinamasa for the review of the death
other offences except serious cases of
penalty. Human rights activist and
murder."
lobbyist for the abolishment of the capital sentence Sanderson Makombe
Section 37 of the controversial Kariba
believes now is the time for Zimbabwe
draft signed by the three parties in the
to remove ‘this uncivilized sentence’
government of national unity (Zanu PF,
from its statute books.
Prime Minister Morgan Tsvangirai’s Movement for Democratic Change-
"There is no scientific evidence to
Tsvangirai (MDC- T) and the Deputy
support the death sentence as a
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deterrent to criminal behavior
death sentence. There is restraint on
compared to other forms of
the death sentence from the courts,"
punishment.
said Majome, who is also a Member of Parliament.
"The death penalty is retributive and justified vengeance with the high costs
In support of this Zimbabwe’s two
of the litigation far outweighing life in
former Chief Justices are recorded to
prison sentences," said Makombe.
have voiced their concern over executions. The late former Chief Justice
He said if put to a referendum, the
Enoch Dumbutshena is noted to have
majority of Zimbabweans might favour
said: "I believe that many people we
its retention on the country’s laws.
sentence to death for killing somebody should not be sentenced to death but
"Because we are more prone to want
given a life imprisonment term."
revenge, we do not believe those that kill should be spared and treated
In apparent reference to the capital
differently.
sentence, his successor former Chief Justice Antony Gubbay is recorded as
"In fact, the majority will probably say
having said: "What may not have been
prisoners have no rights at all. They
regarded as inhuman or degrading a few
forfeit their rights when they commit
decades ago may be revolting to new
crime. However, the arguments for
sensitivities, which emerge as
abolishing are technical and not
civilization advances."
populist," noted Makombe. Makombe explained that Britain only Because of the long lapse since the last
abolished the death penalty in 1964
execution, former deputy minister of
after reviews showed that some people
justice and legal affairs Jessie Majome
had been executed following erroneous
believes Zimbabwe could be on the road court judgments. to the abolishment of the death sentence.
"Equally tragic mistakes have been made by the courts in Zimbabwe. An
"The country executed in 2005 and if
innocent woman Sukholuhle Kachipare,
you check the trends in our courts, you
who was on death row for a long time in
will notice the reluctance to impose the Chikurubi Maximum Security Prison was Page 20
Crime and Justice — Death Penalty and the Right to Life
only released in 2001 following a
based on fabricated evidence by the
judgment review that showed she was
state. He claims a pathologist was
innocent," said Makombe.
bribed to falsely testify that he had carried out a post-mortem on the body
Globally, more than 96 countries have
of William George Wandyaka, the man
abolished the death penalty for all
Mpagi and Masembe were accused of
crimes, eight for ordinary crimes and 43 murdering. are de facto abolitionists (countries with a death sentence but haven’t used it in
Mpagi was released from prison in July
the last 10 years and have committed
2000 after receiving a presidential
not to use it). Africa has 15 countries
pardon. He spends much of his time
that have abolished the death sentence campaigning against the death penalty. while 21 have committed not to use it
Excerpts of the interview follow.
although it is still in the statutes. Q: Why are you opposed to the death (END)
penalty? A: I’m campaigning against the death
UGANDA: ‘So Many Innocent People Are Dying’ Wambi Michael interviews EDMARY MPAGI, Ugandan death penalty abolitionist
penalty because there are so many people (awaiting) execution or who were executed when they were innocent. The death penalty is also cruel and barbaric in nature. There are so many people who are dying when they are innocent, for example, the poor who
KAMPALA, Jun 7, 2011 (IPS) - Edmary
cannot afford legal representation.
Mpagi and his cousin Fred Masembe
Some are accused of capital offenses
were convicted by a Ugandan court and because of grudges, and some are sentenced to death for the murder of a
convicted because of poor police
man who was later found alive.
investigation. Though some commit crimes, it is better to free 99 people
Masembe died in prison before he could instead of killing one innocent one. face the gallows while Mpagi spent 18 years waiting to be executed by the
Q: Has your campaign yielded any
state. Mpagi said his conviction was
results at home and elsewhere?
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years on remand. My cousin and I could A: Yes. I have worked with Amnesty
not believe that a legal system would
International at the United Nations
convict innocent people.
campaigning for a moratorium on executions among U.N. member states.
Q: So your conviction was due to an
In Uganda, 170 death row prisoners
error in the justice system then. Is this
have been pardoned. Sentences of 400
common in Uganda?
prisoners on death row were commuted to life sentences following our appeal to A: I have always said that errors in the the Constitutional Court. The court
justice system have lead to the
ruled that the mandatory death penalty execution of innocent people. My was unconstitutional. That was good for conviction was a typical example... In a us but we wanted the court to equally
country like ours where police
declare the death penalty itself
investigations are done from the office,
unconstitutional. But the judges did not. you cannot rule out (the possibility) that We have not had an execution since
the evidence they take to courts is
1999, though there are 100s of
defective and leads to wrongful
prisoners on death row in Uganda.
convictions.
Q: What personally drives you to
Most of the prisoners who were
campaign against the death penalty?
executed while I was on death row were innocent but faced the gallows because
A: I would not be talking to you today if
they were poor. They could not afford
the state had murdered me… We had a
to hire lawyers to defend themselves. In
full trial and the state called several
our case we had a state lawyer whom
witnesses. The judge and the assessors
we only met twice. We did not have a
concluded that the state had proved its
lawyer in the real sense. There are also
case beyond a reasonable doubt and
cases of widespread torture during
was satisfied that we committed the
interrogations so some suspects,
offence. We were convicted and
especially in treason cases, end up
sentenced to death. All this happened
admitting to crimes they have not
while George William Wandyaka, the
committed.
man they claimed we had killed, was hiding in Jinja district and enjoying life. I Q: What was life like on death row? spent 18 years on death row and two Page 22
Crime and Justice — Death Penalty and the Right to Life
A: Life is terrible on death row in
doors of the gallows sprang open and
Uganda. No one was ever given any
the prisoners were dropped to their
notice that they would be executed.
death. We would then hear the corpses
Each time we were taken by complete
fall with a loud bang on the death table.
surprise. We lived in complete fear of
(END)
any unusual activity from the wardens. In Uganda, conditions for death row prisoners are cruel, degrading and inhumane. We were always denied
DEATH PENALTY-INDIA: Clemency Denial Opens Can
medication. In 1984 my cousin
of Worms
developed malaria and stomach
By Ranjit Devraj
complications. I pleaded with the prison authorities to give him treatment but they told me that we were brought to prison to face death and that it was a waste of taxpayer's money to treat him. My cousin died in 1985. This really scared me.
NEW DELHI, Jun 3, 2011 (IPS) - In a country where capital punishment is rare, human rights activists are surprised by a sudden move to hang a Sikh separatist militant convicted for bombing attacks on a senior police officer and a Congress party politician in
Q: Were there executions at the time
the early 1990s.
you were in prison? Devinder Singh Pal Bhullar, a member of A: There were five rounds of executions. The last one was in 1999, where the state executed 28 prisoners. But to make matters worse for the inmates, executions were carried out in a nearby place. We would hear the crying of
the Khalistan Liberation Force, was sentenced to death on charges of conspiring to kill Punjab police superintendent Sumedh Singh Saini in 1991 and Congress party leader Maninderjit Singh Bitta in 1993.
inmates (before their execution). Executions normally took place at night. When a prisoner reached the gallows, we would all listen. After a few moments, we would hear a loud sound like a sudden explosion, as the trap
Page 23
On May 25, Indian President Pratibha Patil, who holds a largely ceremonial position, suddenly denied him clemency after keeping frozen for more than eight
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years his petition for mercy. The decision has stirred up a political storm
SAD’s petition said intervention by the
in the northwest Indian state of Punjab, prime minister would ensure that the which faces provincial elections next
"atmosphere of acrimony, suspicion and
year.
estrangement between the Sikhs and the Centre is not vitiated any further."
"This is surprising because the Indian government has shown reluctance to
SAD was referring to the 1984 anti-Sikh
resort to the death penalty, and has
pogrom that engulfed the national
been seen as moving in the direction of
capital after Prime Minister Indira
eliminating capital punishment," Maja
Gandhi was assassinated by her Sikh
Daruwala, director of the
bodyguards to avenge the army raid she
Commonwealth Human Rights Initiative, ordered on the Golden Temple in told IPS.
Amritsar in Punjab. That raid aimed to remove separatist militants who had
Punjab is currently ruled by the Sikh
turned Sikhism’s holiest shrine into an
Shiromani Akali Dal (SAD) political party armed fortress. in alliance with the pro- Hindu Bharatiya Janata Party (BJP) on a common stand
A trial court sentenced Bhullar on Aug.
of opposing the professedly secular
25, 2001, sorely testing India’s justice
Congress party that rules at the centre.
system as well as the principle laid down by the Supreme Court that the death
SAD members, who have been
penalty should be awarded only in the
sympathetic to the cause of autonomy,
"rarest of rare" cases.
if not independence, for Punjab, as well as local leaders of the Congress party
On Dec.17, 2002, Bhullar’s death
unit there, have appealed for a review
sentence was upheld when two of the
of Bhullar’s clemency petition.
three-member Supreme Court bench voted to convict, while presiding judge
In a petition, SAD has sought the direct
M.B. Shah voted to acquit.
intervention of Prime Minister Manmohan Singh, himself a Sikh, to
Navkiran Singh, general secretary of the
save Bhullar’s life "on grounds of
Lawyers for Human Rights International
humanitarianism and civilised concern
(LHRI) based in Chandigarh, the capital
and, above all, the national interest."
of Punjab and Haryana, said the split Page 24
Crime and Justice — Death Penalty and the Right to Life
decision showed that Bhullar’s case did
appeal to the President, dated May 25.
not satisfy the principle that, in cases where the death penalty is awarded,
According to the LHRI petition, Bhullar’s
proof should be "beyond reasonable
father and maternal uncle were
doubt."
arrested in 1991 and tortured to death while in police custody. The Punjab and
Singh told IPS that it is noteworthy that
Haryana High Court ordered the filing of
Bhullar was the first person in
cases against Saini, a member of the
independent India to be condemned to
elite Indian Police Service, for the
death on a split verdict by a Supreme
custodial deaths.
Court bench. Judges Arijit Pasayat and B.N. Agarwal, whose majority decision
Bhullar was charged with plotting to kill
prevailed, had controversially ruled that Saini but was acquitted by a lower court the principle "beyond reasonable
in Chandigarh in December 2006 for
doubt" should be a "guideline and not a lack of worthwhile evidence, the LHRI fetish."
petition pointed out.
There were other controversies
Bhullar’s conviction rested entirely on a
surrounding Bhullar’s case. After he was confession, made under duress, which deported in December 1995 from
becomes admissible as evidence under
Germany where he had sought asylum,
the draconian Terrorist and Disruptive
a court in Frankfurt ruled that he should Activities Prevention Act (TADA). not have been sent back to India
Normally, confessions made in police
because his life would be in danger.
custody are not admissible as evidence in Indian courts.
Singh said Germany had, by deporting Bhullar, violated the European
The LHRI noted that Daya Singh Lahoria,
Convention on Human Rights and
Bhullar’s co-accused in the case relating
blamed weaknesses in the German
to the bomb attack on Congress party
asylum system for landing him on
leader Bitta, was acquitted.
India’s death row. Lahoria could not be tried under TADA But the flaws in the Indian justice
because that was a condition imposed
system appear far more glaring, and the by authorities in the United States to LHRI has listed some of these in an Page 25
which he had fled and from where he
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was extradited. In fact, dissenting Supreme Court judge Shah pointed out that since the "rest of the accused, who are named in the confessional statement, are not convicted or tried,"
TAIWAN: No Indictment Over Wrongful Execution By Dennis Engbarth
there could not have been a conspiracy. TAIPEI, Jun 1, 2011 (IPS) - Taiwan "It is trite to say that one person alone can ever be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself," Shah had ruled.
prosecutors certified that Air Force private Chiang Kuo-ching had been wrongfully executed in August 1997 for the rape-murder of a five-year-old-girl at an air force headquarters compound in Taipei, but failed to indict any of the
Daruwala said she hoped the Indian state would stand firm against any pressure, political or otherwise, to
nine military officers responsible for extracting his "confession" through torture.
abandon its stand on the death penalty, that it should be resorted to rarely, and that guilt should be proven beyond reasonable doubt.
A decade-long campaign by his father, Chiang Chih-an and mother Ms Wang Tsai-lien and human rights lawyers who maintained that Chiang had been
Activists say India could play a key role in furthering the cause of human rights internationally, as underlined by its election on May 11 to the 47-nation United Nations Human Rights Council,
tortured into making a false confession finally led to a call by the Control Yuan, Taiwan’s watchdog branch of government, to open the case May last year.
winning 181 votes from 189 countries. On May 23 this year, the Special However, ahead of the election, the London-based Amnesty International urged the Indian government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (END)
Investigation Division of the Supreme Prosecutors Office announced that its re -investigation of the case had shown clearly that Chiang Kuo-ching was innocent of the rape- murder, and filed an indictment for murder against Hsu Jung-chou, 34, who had served in the
Page 26
Crime and Justice — Death Penalty and the Right to Life
Air Force Operations Command
retired air force general who served as
together with Chiang, and asked for a 20 defence minister in President Ma Ying-year sentence.
jeou’s right-wing Chinese Nationalist Party (Kuomintang or KMT)
In a 127-page statement, the
administration from May 2008 to
prosecutors acknowledged that a re-
September 2009 and had acted as
examination of the forensic evidence,
convenor of the investigative team in
including a blood-stained razor, toilet
his role as Air Force Combat Operations
paper and a palm print, were not
Command (AOC) commander at the
connected with Chiang and therefore
time of the Chiang case.
had been insufficient to prove that Chiang had committed the crime.
The SID investigation found that in early October 1996 Chen had taken the
Moreover, the prosecutor’s brief
investigation out of the hands of
acknowledged that Chiang had
military prosecutors and asked a team
definitely been subject to compulsion,
of Air Force counter-intelligence agents
intimidation and abuse by the
led by then Air Force colonel Ko Chung-
interrogating Air Force counter-
ching to assist in the investigation even
intelligence officers and that his
though they did not have the judicial
"confession" which was the primary
status of military prosecutors or military
basis for his conviction by a military
police.
tribunal, was "not voluntary" and was extracted by "torture".
The SID brief said Chen had "illegally instructed" the officers to "give it a try"
However, citing the passage of a 10-year to "break the mental defences" of statute of limitations for the offences of Chiang and other suspects by "coercion" and "intimidation and
"intensifying interrogation methods".
endangerment,", which carry maximum penalties of less than three years
The SID brief detailed how Ko Chung-
imprisonment, the SID prosecutors did
ching and other Air Force counter-
not indict any of the nine former
intelligence agents had handcuffed and
military officers responsible, including
blindfolded Chiang and dragged him to
two former defence ministers.
an underground bunker at the AOC headquarters and subjected him to four
Leading the list was Chen Chao-min, a
Page 27
hours of intense interrogation under
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continuous and high intensity light,
Chiang’s mother, Ms Wang Tsui-lien,
compelled him to repeated watch video also said the SID decision not to indict of the autopsy of the murder victim,
Chen Chao-min or other officers was
forced him to squat and engage in
"unacceptable" and said that she would
exercises, and used electric cattle prods "never forgive" her son’s torturers. to beat the enlisted man. During an unsuccessful attempt to meet The confession extracted in this process with Chiang’s mother and issue a was used as decisive evidence in a
personal apology on the evening of May
subsequent military tribunal despite
25, the former defence minister told
Chiang’s retraction and declaration that news media that "there had been he had been tortured.
administrative shortcomings" in the handling of the case.
Nevertheless, the SID refrained from indicting the officers for "causing death
"This result falls far short of President
through abuse of the power of
Ma Ying-jeou’s declaration in February
prosecution," an offence which can
that the government would clarify the
carry sentences from 10 years to life
truth, reverse the unjust verdict of the
and which has a 20 year statute of
Chiang case and prosecute the persons
limitation, and stated that the Air Force responsible for this injustice," said officers could only be charged with
Judicial Reform Foundation Executive
"coercion" and "intimidation and
Director and lawyer Lin Feng- cheng.
endangerment," offences which carry maximum sentences of three years or
Presidential spokesman Fan Chiang Tai-
less and have a 10 years statute of
chi stated that Ma believed that the
limitation for prosecution.
government "will deeply re-examine" the errors made by the military in
"This result falls far short of President
handling the Chiang Kuo-ching case and
Ma’s declaration in February that the
"absolutely not have any repetitions."
government would clarify the truth, reverse the unjust verdict of the Chiang National Taiwan University Professor of case and prosecute the persons
Law Chen Tzu-lung, a specialist in
responsible for this injustice," said JRF
transitional justice issues, told IPS that
Executive Director Lin Feng-cheng.
the SID finding that Chiang’s confession was the result of torture was potentially Page 28
Crime and Justice — Death Penalty and the Right to Life
"explosive".
Rasht on October 13, 2009 while attempting to register his church. His
"The decision by the SID not to indict
arrest is believed to have been due to
Chen Chao-min and the other officers
his questioning of the Muslim monopoly
responsible for Chiang’s torture and
on the religious instruction of children
execution was political in nature as the
in Iran. He was initially charged with
prosecutors did not want to take
protesting, however the charges against
responsibility for opening a Pandora’s
him were later changed to apostasy and
Box." (END)
evangelising Muslims. Pastor Nadarkhani has been held in Lakan prison since that time.
WORLD PRESS REVIEW June 2011
He was tried and found guilty on September 22, 2010 by the 1st Court of the Revolutionary Tribunal. The pastor's lawyer filed an appeal on December 5,
This review provides a glimpse of
2010. However, following a 6-month
developments related to death penalty wait for an appeal hearing, the lawyer as reported by media around the
has confirmed that the appeal was
world, in a chronological order from
unsuccessful, although so far there has
the end of June to the beginning of the been no official notification of this month.
failure. Pastor Nadarkhani had been imprisoned
IRAN: DEATH SENTENCE FOR APOSTASY previously in December 2006, on REPORTEDLY UPHELD FOR PASTOR
charges of apostasy and evangelism, but
NADARKHANI
was released two weeks later in January
June 30, 2011: Christian Solidarity
2007. (Source: http://
Worldwide (CSW) reported that the
au.christiantoday.com)
death sentence handed down in 2010 for the crime of apostasy, to evangelical JAPAN: MAN TO HANG FOR KILLING pastor Pastor Yousef Nadarkhani, was
WOMAN, 21
reportedly upheld by the third chamber June 30, 2011: Tatsumi Tateyama, 50, of the Supreme Court in the Shia holy
was sentenced to death by Presiding
city of Qom.
Judge Masanori Hatoko of the Chiba
Pastor Yousef Nadarkhani of the Church District Court in Japan for robbery, of Iran was arrested in his home city of Page 29
murder and arson. Tateyama allegedly
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killed female university student Yukari
that destroyed it in February, 2006,
Ogino, 21, in Matsudo, Chiba
followed by a wave of sectarian violence
Prefecture, between October 20 and 21, that overwhelmed Iraq’s central 2009, and set fire to her apartment.
provinces and its capital of Baghdad.
(Source: Japan Times)
The Tomb was followed by another explosion in June, 2007, that destroyed
EGYPT: CLERIC APPROVES COP'S DEATH the remaining parts of the two golden SENTENCE
tombs. (Sources: ABNA.ir)
June 28, 2011: in Egypt, Islamic cleric Grand Mufti Ali Gomaa affirmed the
MALAYSIA: RESOLUTION OVER
death sentence handed down to police
MORATORIUM ON DEATH PENALTY
officer Mohamed Abdel Moneim for
June 27, 2011: A resolution calling for an
murder.
immediate moratorium on the
Moneim was sentenced on May 22,
mandatory death penalty in Malaysia
2011, for shooting to death 23
was agreed by a roundtable which
protesters rioting near a Cairo police
discussed it in Parliament.
station on January 28, 2011. Moneim
The resolution also called for capital
told Egyptian television he was just
punishment to be reviewed by a
following orders to protect the police
Parliamentary caucus consisting of
station and had killed no one, firing only NGOs, former judges, lawyers and other into the ground. (Source: UPI.com)
stakeholders. The roundtable, which was made up of
IRAQ: PRESIDENCY RATIFIES DEATH
representatives from NGOs and the
SENTENCE AGAINST TUNISIAN
legal fraternity, met in Parliament and
June 28, 2011: Iraq’s Presidency ratified agreed that there should be further the death sentence against Tunisian
discussions on the matter, particularly
citizen Yusri Fadhil al-Tureiqi for his
for drug offences.
involvement in the destruction of the
In a statement, the roundtable said drug
Tomb of the Askari Imams in Samarra
offences were not classifiable as “a most
city in 2006, according to al-Iraqiya TV
serious crime” and should not be dealt
Channel. “The (Iraqi) Presidency has
with by capital punishment.
issued a number of Presidential
It also said that there was no proof that
decisions, ratifying the death sentences the death penalty was especially against a number of convicts.” The
effective in reducing crime.
Tomb had been target for an explosion
“The mandatory death penalty for drug Page 30
Crime and Justice — Death Penalty and the Right to Life
traffickers and drug mules has had
June 26, 2011: An Indonesian maid
virtually no impact on the drug trade.
convicted of murder in Saudi Arabia has
Instead, drug related offences and
been spared execution by beheading
addiction have been on the rise in
after the Indonesian government paid
Malaysia since the 1983 amendment to
Rp 4.6 billion ($534,000) in “blood
the Dangerous Drugs Act 1952 which
money."
brought in the mandatory death
Foreign Ministry spokesman Michael
penalty,” it added.
Tene confirmed the news on Sunday,
It also said the punishment was
saying that the compensation, or diyat,
irreversible and was too great a
to spare the life of Darsem has been
responsibility to be burdened on a
paid by officials from the Indonesian
judge.
Embassy in Riyadh to the head of the
The statement said as of Feb 22 this
court in the Saudi capital.
year, a total of 696 inmates were on
“The court immediately issued a verdict
death row. Of that, 676 were males and to repeal her qisas sentence,” Michael 20 were females with 90% of them aged said, referring to the reprisal system between 21 to 50 years old.
under Shariah law. “Darsem is now
The inmates were sentenced to death
released from the death sentence."
mainly for drug offences (479) followed The funds were taken from the Foreign by murder (204) and illegal possession
Ministry’s protection budget and
of firearms (13).
transferred to the embassy ahead of the
The roundtable, which was chaired by
July 7 deadline.
Puchong MP Gobind Singh Deo, has four Darsem, from Subang, West Java, was panelists – former federal judge Datuk
convicted in May 2009 and sentenced to
Seri Gopal Sri Ram, Bar Council
death despite her plea that she had
president Lim Chee Wee, Attorney
killed the victim in self-defense because
General’s Chambers representative DPP he had attempted to rape her. Datuk Nordin Hassan and Suhakam
In January, the victim’s family forgave
chairman Tan Sri Hasmy Agam. (Source: Darsem and agreed to spare her, but The Star)
only if she could afford to pay the compensation.
SAUDI ARABIA: ‘BLOOD MONEY’
Michael said the court would hand over
PAYMENT SPARES INDONESIAN MAID
Darsem’s case for review to the Riyadh
FROM EXECUTION
local administration, which would decide whether Darsem should serve a
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prison term or be exonerated.
explained "Baccouche also supports his
“If she has to serve more time in prison, themes of a Euro-Mediterranean vision, there is a possibility to appeal for
that moves from single nations towards
clemency from the king [King
a regional level."
Abdullah],” Michael said.
The Radical delegation also met various
Anis Hidayah from advocacy group
human rights associations in
Migrant Care said the diyat payment
preparation for the Party's General
was “necessary” but should not set a
Council to be held in the Tunisian capital
precedent. “It is ironic that Darsem had
on July 22nd to 24th. (Source: AGI)
to pay for the crime she unintentionally committed to defend herself from being INDIA: 4 MAOISTS GET DEATH FOR raped,” Anis said.
J'KHAND MASSACRE
Darsem’s sparing came a week after the June 24, 2011: Judge Indradeo Mishra of beheading of another Indonesian maid,
the Giridih additional district and
Royati binti Sapubi, prompted to
sessions court in India sentenced four
government to announce a moratorium Maoists to death for the 2007 Chilkhari on Indonesian workers heading to Saudi massacre. Arabia from Aug. 1. (Source: Jakarta
Jeetan Marandi, Anil Rajwar, Manoj
Globe)
Rajwar and Chhatrapati Mandal allegedly killed 20 people in the
TUNISIA: RADICALS SAY TUNISIA
presence of hundreds of villagers taking
MOVING TOWARDS ABOLITION
part in a cultural programme and a
June 24, 2011: Tunisia is moving
football match at Chilkhari village under
towards the abolition of the death
Deori police station on October 27,
penalty and joining the International
2007. (Source: Times of India)
Criminal Court. The two objectives are central to the meeting of the
MOROCCO: WORLD COALITION AGM
Transnational and Transparty
OPENS WITH PLEA FOR ABOLITION
Nonviolent Radical Party delegation and June 24, 2011: Morocco is moving the transitional Tunisian government.
gradually towards the abolition of the
Education minister Taieb Baccouche
death penalty and the adoption of the
assured the Radicals, led by Marco
draft constitutional revision on July 1,
Pannella, of the Tunisian commitment
which establishes the right to life, will
at the next UN General Assembly: "With accelerate this process, a senior Pannella" Senator Marco Perduca
Moroccan official. Page 32
Crime and Justice — Death Penalty and the Right to Life
“Morocco is moving gradually towards
ambassador to Morocco, and
the abolition of the death penalty,” said Abderrahim Jamai, of the Moroccan in Rabat the Ministry of Justice’s
Coalition against the death penalty.
director for penal affairs Mohamed
(Source: worldcoalition.org)
Abdennabaoui, “If the proposed constitutional
GEORGIA (USA): MAN EXECUTED FOR
amendment that enshrines for the first
1978 RAPE AND MURDER
time the right to life is adopted on 1
June 23, 2011: Georgia executed by
July, it will speed up the process to
lethal injection a man convicted of
abolish the death penalty,” said
raping and murdering a 78-year-old
Abdennabaoui, who leads the most
Savannah woman.
important branch of the Ministry of
Roy Blankenship, 55, was sentenced to
Justice of Morocco.
death for the 1978 murder of Sarah
Mr. Abdennabaoui was speaking on the Mims Bowen, who died of heart failure sidelines of the opening of the General
after she was raped and beaten in her
Assembly of the International Coalition
apartment.
against the Death Penalty, held for the
It was the state's first execution using a
first time in an Arab country.
new sedative, pentobarbital, in place of
A draft reform of the current Moroccan sodium thiopental. constitution, which strengthens the
In March, agents with the U.S. Drug
powers of the Prime Minister while
Enforcement Administration seized
preserving the political and religious
Georgia's supply of sodium thiopental,
powers of the king, will be submitted to which attorneys for several death row a popular referendum on July 1.
inmates said Georgia had improperly
“I personally am in favor of the death
imported from England.
penalty be abolished,” has said.
Hospira Inc. of Illinois, the only U.S.
Some 103 death row prisoners,
company that manufactured sodium
including two women, are awaiting
thiopental, said in January it would stop
execution in Morocco, said
making the drug after Italy, where it
Abdennabaoui, who presented these
planned to move production, objected
figures as the “latest official figures.”
because the European Union has
Participants at the meeting Federico
banned the death penalty.
Mayor Zaragoza, president of the
Several states have either run out of
International Commission against the
supplies of sodium thiopental or
death penalty, Eneko Landaburu, the EU switched to pentobarbital, a barbiturate Page 33
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often used to euthanize animals.
update on the case.
Georgia now has executed 50 men since Arkansas has not executed anyone since the U.S. Supreme Court reinstated the
2005, in part because of legal challenges
death penalty in 1976. Blankenship was to the state’s method of execution. the 27th inmate put to death by lethal
Several other executions have been
injection in Georgia, which has 100 men stayed because of court challenges. and one woman on death row.
“As we have stated previously, we
Blankenship was the 24th person
respect every decision issued by the
executed in the United States this year.
Supreme Court but are troubled by the
There were 46 executions in 2010.
court’s reasoning in these cases,” Aaron
(Source: Reuters)
Sadler, a spokesman for Attorney General Dustin McDaniel, said today.
ARKANSAS (USA): SUPREME COURT
(Source: Arkansas News)
HALTS THREE EXECUTIONS June 23, 2011: The state Supreme Court FLORIDA (USA): MIAMI FEDERAL JUDGE today halted the executions of three
RULES DEATH PENALTY
inmates who are challenging the
UNCONSTITUTIONAL
constitutionality of lethal injection in
June 22, 2011: A Miami federal judge
Arkansas.
ruled that the way Florida courts mete
The high court issued stays for the
out the death penalty is
executions of Jason Farrell McGehee,
unconstitutional because juries — not
who was scheduled to die July 26; Bruce judges — should be the ones to spell Earl Ward, who was scheduled to die
out which details about the crime justify
Aug. 16; and Marcel Wayne Williams,
execution.
who was scheduled to die July 12.
U.S. District Judge Jose E. Martinez
The three men are plaintiffs in a lawsuit ordered that Paul H. Evans, convicted in filed in Pulaski County Circuit Court
a 1991 murder-for-hire case in Vero
alleging that a 2009 state law
Beach, must receive a new sentencing
authorizing the director of the state
hearing.
Department of Correction to choose the The ruling, likely to be argued in drugs used for lethal injection amounts
appellate courts for years, does not
to an unconstitutional delegation of
strike down Florida’s capital-
authority.
punishment law. But it could force
The Supreme Court today directed the
lawmakers to change the statute, and
circuit court to provide it with a status
could give recent convicts new avenues Page 34
Crime and Justice — Death Penalty and the Right to Life
for appeal, legal experts say.
Florida legal community over the jury’s
“If the case survives appeals, the Florida role in deciding on the death penalty. Legislature is going to have to modify
Florida is one of the few states that
the law to allow jurors to explain why
allow juries to issue death penalty
someone deserves the death penalty,”
recommendations that are not
said Miami attorney Terry Lenamon,
unanimous. Here, 12-person juries
founder of the Florida Capital Resource
recommend by majority vote whether
Center, a support group for death-
someone convicted of first-degree
penalty defense cases.
murder should be executed. But state
Florida Attorney General Pam Bondi,
jurors do not have to check off on an
through a spokeswoman, said
instruction sheet which reasons
Wednesday that her office would
contributed to their decision, as jurors
request a rehearing and appeal the
are required to do in the rare death
decision.
penalty case in federal court.
Legal scholars say Martinez’s ruling
Trial judges in Florida’s state courts
marks the first time a Florida judge has
have authority to override jury
overturned a death sentence under the
recommendations, although in death
U.S. Supreme Court case Ring v. Arizona. penalty cases, they rarely do. In that 2002 ruling, the court held that
Judge Martinez, in the ruling said there
defendants are entitled to have juries
was no way to know if all nine of the
decide on whether any “aggravating
jurors in Evans’ case who voted for
factors” in a crime justify enhanced
death were swayed by the same
punishment.
aggravating factors as the judge. He
Evans was convicted in the 1991 trailer
conceded that jury unanimity may not
park murder of Alan Pfeiffer. Jurors
be constitutionally necessary, but
voted 9-3 for the death penalty in
wrote: “… It cannot be that Mr. Evans’
February 1999. The trial judge imposed
death sentence is constitutional when
death, finding that Evans committed the there is no evidence to suggest that crime for “pecuniary gain” and the
even a simple majority found the
murder was “committed in a cold,
existence of any one aggravating
calculated and premeditated manner.”
circumstance.” (Source:
Whether any convicts will be
miamiherald.com)
resentenced because of Martinez’s ruling remains to be seen, but the opinion has reignited debate in the Page 35
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EGYPT: DEATH SENTENCE FOR BUS
that contents of the messages and
DRIVER WHO SHOT DEAD 6
conversation of the caller blasphemed
COLLEAGUES
Holy Quran, Prophet and Sahabas
June 22, 2011: the Giza Criminal Court in (companions of the Prophet). Egypt sentenced Mahmoud Suweilam,
A case was registered and District Police
the Arab Contractors bus driver, to
Officer Syed Ali Mohsin set up a special
death for murder.
inquiry committee, headed by then
Suweilam was driving company
Superintendent of Police (Investigation)
employees to a work site in Giza in July
Malik Matloob. The committee
2010, when indiscriminately opened fire collected data of calls and text messages on passengers with a machine gun,
sent by a cell number belonging to
killing six. Suweilam believed a
Abdul Sattar, who was arrested in
colleague was excavating antiquities
Larkana.
under Suweilam’s house. Public
SP Matloob said Sattar had confessed to
prosecutors had called for the severest
have committed the crime. “The
punishment for the defendant,
accused behaved quite normally when
particularly since a psychiatrist's report
arrested,” the SP added. (Source:
found that the driver was mentally
DAWN.com)
stable when he committed the murder. (Source: Almasryalyoum.com)
CHINESE COALMINER SENTENCED TO DEATH FOR MURDERING MAN IN
PAKISTAN: MAN SENTENCED TO DEATH POLLUTION ROW FOR BLASPHEMY
June 21, 2011: A court in China's
June 21, 2011: an additional district and northern region of Inner Mongolia sessions judge in Talagang, Pakistan,
sentenced to death a coal mine worker
sentenced a man to death for
for killing a resident who had
committing blasphemy.
complained about pollution, state
Abdul Sattar, a 29-year-old resident of
media said.
Larkana was sent to prison in Jhelum.
Sun Shuning was convicted of
Mohammad Saeed, of Talagang town,
murdering Yan Wenlong after "a dispute
had filed a complaint with the city police over pollution caused by a coal mine" station on Feb, 2010. He said he had
where Sun worked, the official Xinhua
been receiving derogatory text
news agency said.
messages and calls from a wrong
Sun killed Wen with his forklift, the
number for several days. He told police
report added. Page 36
Crime and Justice — Death Penalty and the Right to Life
"The act was utterly cruel, the crime
rape or drug trafficking. There are a
very serious, and the consequences
number of other things that they said,"
extremely bad," it cited the court in
said Mr Ingraham.
Xilinhot as saying. Xinhua provided no
"For instance a policeman being killed in
other details of the case. (Source:
the line of duty would be something
Reuters)
that we would regard as fitting for the death penalty being imposed. So we're
BAHAMAS: GOVERNMENT PLANS
going to seek to categorise all of those
LEGISLATION TO STRENGTHEN DEATH
and put us in a better position to have it
SENTENCES
upheld by the Privy Council," Mr
June 20, 2011: the Government in the
Ingraham added. (Sources:
Bahamas plans to introduce capital
Tribune242.com)
punishment legislation which will strengthen death sentence cases from
AFGHANISTAN: TWO CHARGED IN
being overturned on appeal by the Privy DEADLY BANK ATTACK EXECUTED Council, Prime Minister Hubert
June 20, 2011: Two men charged with
Ingraham said. The new legislation will
murder for a February bank attack that
specify which categories of crimes
killed 38 people were hanged around
warrant capital punishment and he
11.00 am in Kabul, a spokesman for
plans to bring the law to Parliament for
Afghanistan's intelligence agency said.
debate before the summer recess.
Lutfullah Mashal, spokesman for the
The proposed legislation will be crafted
National Directorate of Security,
around recent recommendations made
identified one of the men as Zar Ajam of
by the Privy Council after it quashed the Pakistan. He identified the other man as death sentence of Maxo Tido, who was
"Matiullah, whose real name was
found guilty of the 2002 murder of 16-
Mahmood," a resident of eastern
year-old Donnover Conover, Mr
Afghanistan.
Ingraham said.
A third person involved in the attack has
"They set out in their judgment a
been sentenced to 20 years in prison,
number of circumstances which, they
Mashal said.
say, can result in the death penalty
In February, a group of attackers
being imposed.
stormed a branch of the Kabul Bank in
"For instance, somebody being killed
Jalalabad, the capital of Nangarhar
during the course of an armed robbery
province. Four of them were killed,
or being killed during the course of a
Interior Ministry spokesman Najib
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Nekzad said at the time.
capital trials, enhanced security on
Nekzad said 13 police officers were
death row and legal representation for
among those killed in the attack. The
the condemned adds $184 million to the
February 19 incident also left 41 people budget each year. The study's authors, wounded, including 14 police officers,
U.S. 9th Circuit Judge Arthur Alarcon
he said.
and Loyola Law School professor Paula
Fighting between attackers and security Mitchell, also forecast that the tab for forces lasted for more than four hours,
maintaining the death penalty will climb
said Ahmadzia Abdulzai, a spokesman
to $9 billion by 2030, when San
for the provincial governor.
Quentin's death row will have swollen
The NATO command in Afghanistan said to well over 1,000. In their research for reports indicated the incident might
"Executing the Will of the Voters: A
have been a suicide attack. It issued a
Roadmap to Mend or End the California
statement saying three people
Legislature's Multi-Billion-Dollar Death
apparently entered the bank wearing
Penalty Debacle," Alarcon and Mitchell
suicide vests and detonated themselves. obtained California Department of An eyewitness said some civilians were
Corrections and Rehabilitation records
taken hostage. (Sources: CNN, DPA)
that were unavailable to others who have sought to calculate a cost-benefit
CALIFORNIA (USA): STATE TAXPAYERS
analysis of capital punishment. Their
HAVE SPENT $4 BILLION ON CAPITAL
report traces the legislative and
PUNISHMENT SINCE 1978
initiative history of the death penalty in
June 19, 2011: Taxpayers have spent
California, identifying costs imposed by
more than $4 billion on capital
the expansion of the kinds of crimes
punishment in California since it was
that can lead to a death sentence and
reinstated in 1978, or about $308
the exhaustive appeals guaranteed
million for each of the 13 executions
condemned prisoners. The authors
carried out since then, according to a
outline three options for voters to end
comprehensive analysis of the death
the current reality of spiraling costs and
penalty's costs.
infrequent executions: fully preserve
The examination of state, federal and
capital punishment with about $85
local expenditures for capital cases,
million more in funding for courts and
conducted over three years by a senior
lawyers each year; reduce the number
federal judge and a law professor,
of death penalty-eligible crimes for an
estimated that the additional costs of
annual savings of $55 million; or abolish Page 38
Crime and Justice — Death Penalty and the Right to Life
capital punishment and save taxpayers
report says. Unless profound reforms
about $1 billion every five or six years.
are made by lawmakers who have failed
Alarcon, who prosecuted capital cases
to adopt previous recommendations for
as a Los Angeles County deputy district
rescuing the system, Alarcon and
attorney in the 1950s and served as
Mitchell say, capital punishment will
clemency secretary to Gov. Pat Brown,
continue to exist mostly in theory while
said in an interview that he believes the exacting an untenable cost. Among their majority of California voters will want to findings to be published next week in retain some option for punishing the
the Loyola of Los Angeles Law Review:
worst criminals with death. He isn't
The state's 714 death row prisoners cost
opposed to capital punishment, while
$184 million more per year than those
Mitchell, his longtime law clerk, said she sentenced to life in prison without the favors abolition. Both said they
possibility of parole. A death penalty
approached the analysis from an
prosecution costs up to 20 times as
impartial academic perspective, aiming
much as a life-without-parole case. The
solely to educate voters about what
least expensive death penalty trial costs
they are spending on death row.
$1.1 million more than the most
Alarcon four years ago issued an urgent expensive life-without-parole case. appeal for overhaul of capital
Jury selection in a capital case runs
punishment in the state, noting that the three to four weeks longer and costs average lag between conviction and
$200,000 more than in life-without-
execution was more than 17 years,
parole cases. The state pays up to
twice the national figure. Now, it is
$300,000 for attorneys to represent
more than 25 years, with no executions each capital inmate on appeal. The since 2006 and none likely in the near
heightened security practices mandated
future because of legal challenges to the for death row inmates added $100,663 state's lethal injection procedures. The
to the cost of incarcerating each capital
long wait for execution "reflects a
prisoner last year, for a total of $72
wholesale failure to fund the efficient,
million. (Source: Los Angeles Times)
effective capital punishment system that California voters were told they
SAUDI BEHEADS INDONESIAN WOMAN
were choosing" in the battery of voter
CONVICTED OF MURDER
initiatives over the past three decades
June 18, 2011: An Indonesian woman
that have expanded the penalty to 39
was beheaded by the sword after being
special circumstances in murder, the
convicted of murdering a Saudi woman,
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the interior ministry said.
neck, the ministry said in a statement
The woman named Roiaiti Beth Sabotti
carried by the official SPA news agency.
Sarona, according to a transliteration
The ministry did not elaborate on the
from Arabic, was found guilty of killing
motives of the crime, nor it did disclose
Saudi Khairiya bint Hamid Mijlid by
the relation between the two women.
striking her repeatedly on the head with But Indonesian officials say that around a meat chopper and stabbing her in the
70 percent of the 1.2 million
neck, the ministry said in a statement
Indonesians working in Saudi Arabia are
carried by the official SPA news agency. domestic staff. The ministry did not elaborate on the
The beheading in the western province
motives of the crime, nor it did disclose
of Mecca brings the number of
the relation between the two women.
executions in the ultra-conservative
But Indonesian officials say that around kingdom this year to 28, according to an 70 percent of the 1.2 million
AFP tally based on official and human
Indonesians working in Saudi Arabia are rights group reports. (Source: AFP) domestic staff. The beheading in the western province
SOMALIA: AL SHABAB PUBLICLY
of Mecca brings the number of
EXECUTES 2 FOR SPYING
executions in the ultra-conservative
June 18, 2011: the court of Al-Shabaab
kingdom this year to 28, according to an in Daynile district in Mogadishu, AFP tally based on official and human
Somalia, carried out the sentence of two
rights group reports. (Source: AFP)
young men saying they were working for the Somali Security Agency.
SAUDI BEHEADS INDONESIAN WOMAN “The men were very young. They aged CONVICTED OF MURDER
19 and 24. They were called Adil
June 18, 2011: An Indonesian woman
Mohamed Hussein and Abas Mohamed
was beheaded by the sword after being Abukar. They were killed as the court it convicted of murdering a Saudi woman, had affirmed that the men were spying the interior ministry said.
for the transitional government of
The woman named Roiaiti Beth Sabotti
Somalia, we were very sorry,” said one
Sarona, according to a transliteration
witnesses who requested not to be
from Arabic, was found guilty of killing
named.
Saudi Khairiya bint Hamid Mijlid by
More people came together to watch
striking her repeatedly on the head with the killing of the two men who were a meat chopper and stabbing her in the Page 40
Crime and Justice — Death Penalty and the Right to Life
reportedly captured three months
UAE: FORMER FOOTBALLER
before. (Source: www.mareeg.com)
SENTENCED TO DEATH June 15, 2011: Former Emirati football
IRAQ: COURT GIVES DEATH PENALTY
player Fayez Juma was sentenced to
TO 15 IRAQIS OVER WEDDING
death for premeditated murder of his
MASSACRE
compatriot.
June 16, 2011: The Criminal Court of
The Abu Dhabi Supreme Court delivered
Karkh sentenced 15 Iraqis to death
the capital punishment verdict to Juma
penalty after they were found guilty in
for intentionally killing, along others,
the massacre of 70 people at a wedding their compatriot following a scuffle in a party in 2006.
parking lot in Sharjah, reported 'Gulf
Firas Hassan Fleih al-Jubouri, a main
News'.
criminal in the wedding massacre, and
The court overturned a ruling from
14 codefendants were among the 25
Sharjah Appeals Court that sentenced
arrested earlier by Iraqi security forces
Juma to a year in jail.
for connection to the massacre of Dujail Another player for Sharjah, Mohammed City located 60 km north of Baghdad,
Najib, and Juma's brother, Moses, were
spokesman of the Iraqi Supreme Judicial also sentenced to death, reported AP. Council Abdul-Sattar al- Biraqdar told
Fayez Juma played for Sharjah and for
reporters here.
the national team more than four years
"These verdicts will automatically be
ago.
appealed within 30 days starting from
The defendants were charged with
Thursday, and then the verdicts must be preplanning and plotting the intentional ratified by the Federal Appeals Court
murder. They brought sharp tools,
before sending them to the presidency
including swords and knives, and
for approval," Biraqdar told China's
stabbed the victim to death, heard the
Xinhua news agency.
court.
Jabouri was accused of leading a
Tuesday's verdict is irrevocable. Only
terrorist group that killed dozens of
the President, Sheikh Khalifa, or the
Iraqis, including a wedding party during
ruler of Sharjah, Sultan bin Mohamed Al
the mass killing of the sectarian strife
-Qasimi, can now halt the execution or
that engulfed the country after the U.S.- issue a pardon. (Sources: led invasion in 2003. (Source: Bernama, emirates247.com) 16/06/2011)
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TRINIDAD & TOBAGO: PRIVY COUNCIL
However, in 1997, the Criminal Law Act
QUASHES MANDATORY DEATH FOR
was amended and made death by the
CERTAIN MURDERS
hangman’s noose mandatory for
June 14, 2011: The mandatory death
persons convicted of killing a person
sentence for murder in Trinidad &
during the commission of an arrestable
Tobago was again overturned by the
offence.
Privy Council, who quashed the death
In Miguel’s judgment, Lord Clarke ruled
sentence of Nimrod Miguel, ruling it
that they were unable to accept the
"unconstitutional". The ruling is likely to State’s submissions, adding that the affect most Death Row inmates who
1997 Act did not repeal the common
were convicted under similar
law rule, as it had already been
circumstances. On January 30, 2008,
repealed.
Miguel was sentenced for the murder of “It simply enacted a new provision Ramesh Lalchan, whose body was found which was no doubt intended to on December 31, 2003, in Rio Claro.
reproduce something very similar to the
Miguel and three other men had
common law rule.”
hijacked Lalchan, a taxi-driver, in Princes Clarke also noted that any attempt to Town and Lalchan was robbed, bound,
reinstate a repealed law, which was
shot and dumped. On December 31,
inconsistent with Sections of the
2003, Lalchan was found shot dead in a
Constitution as it relates to invalidate an
canefield in Rio Claro.
existing law, can only be done by votes
Miguel claimed he walked away before
of no less than three-fifths of each
Lalchan was shot twice in the head.
Houses of Parliament. (Source: Trinidad
Miguel appealed to the local Court of
Express)
Appeal on February 27, 2009, but his appeal was dismissed.
BAHAMAS: MAXO TIDO DEATH
The Law Lords pointed out that while
SENTENCE OVERTURNED
the felony murder rule, at common law, June 14, 2011: The Privy Council had formed part of the law of Trinidad
overturned convicted murderer Maxo
and Tobago for many years, this was
Tido's death sentence.
abolished in 1996 and a distinction was
The London-based court, the highest
drawn between felonies and
recognised by Bahamian law, delivered
misdemeanors, and as a result no one
its judgment today allowing the appeal
could be convicted of felony murder or
of Tido's death sentence which was
sentence to death for such offences.
handed down by Supreme Court Justice Page 42
Crime and Justice — Death Penalty and the Right to Life
Anita Allen in March 2006.
within this most serious class of the
Observers considered this a test case, as offence." it was thought the outcome would
The Privy Council held that while it was
indicate whether the Privy Council
a dreadful crime, Tido's behaviour could
would let any Bahamian death penalty
not be placed along side the most
stand.
horrific murders.
A jury found Tido guilty of brutally
The judgment said "this was, in short, an
murdering 16-year-old Donnell Conover appalling murder but not one which in 2002.
warrants the most condign punishment
Tido was convicted and sentenced to
of death".
death only days after the Privy Council
The Privy Council decided under the
ruled that the mandatory death
circumstances it was unnecessary to
sentence in The Bahamas is
reach a conclusion on the second
unconstitutional.
ground.
During her ruling, Supreme Court Justice In 2009, the Committee for the Anita Allen said she was satisfied
Prerogative of Mercy decided the law
beyond a reasonable doubt the
should take its course, as it did not see
appropriate sentence in this case was
Tido's case as "an appropriate one for
death.
the Prerogative of Mercy to be
The Privy Council's judgment said the
exercised." The Minister of National
approach to sentencing a person to
Security had advised the Governor
death is two-fold. Firstly, the death
General of the decision at that time.
sentence must only be given in cases
However, the Government also said no
where the facts of the offence are "the
further action would be taken pending
most extreme and exceptional - the
the outcome of the appeal at the Privy
worst of the worst or "the rarest of the
Council.
rare."
The matter will be returned to the
Secondly, there must be no reasonable
Bahamian Court of Appeal for
prospect of reform, and death would be sentencing in view of the Council's the only way punishment is achieved.
judgment. (Sources: Tribune242.com)
The judgment said: "Murder is always a heinous crime. But it is clear that a
SAUDI ARABIA: KILLER SAVED FROM
death sentence - the ultimate and final
THE SWORD AT THE 11TH HOUR
sentence - must be reserved for the
June 14, 2011: Saudi Arabia’s
wholly exceptional category of cases
executioner mounted the platform,
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raised his sword and was about to bring Abdul Aziz a new life.” (Sources: it down on the killer’s head in a packed
emirates247.com; 14/06/2011)
field in the Gulf Kingdom before he abruptly stopped at hearing a man
AFGHANISTAN: TWO SENTENCED TO
shouting through a loudspeaker. The
HANG FOR MASSACRE IN JALALABAD
man, who was the victim’s father,
June 14, 2011: Two men who were part
declared he had pardoned the killer.
of a group of Taliban assailants that
Hundreds of people had arrived into the killed at least 42 people in an attack on execution field in the western town of
a bank in eastern Afghanistan in
Madina amidst tight security to witness
February have been sentenced to death,
the beheading of Abdul Aziz bin Ibrahim a court official said. Al Anzi, a young Saudi convicted of
Qari Matiullah, a Pakistani national, and
murdering his friend Mamdouh bin
Zar Azam, an Afghan, were convicted of
Mutab Al Fakeer, another young Saudi,
murder and sentenced to hang, said
during a fight five years ago.
Abdul Wakeel Omari, spokesman for the
The victim’s father, Mutab Al Fakeer,
court. Their accomplice Daad
was among the crowd as he had
Mohammed was sentenced to 20 years
rebuffed previous attempts to pardon
in prison for his involvement.
the killer and accept blood money that
At least 42 people were killed and 71
could have led to the release of Abdul
others injured when six would-be
Aziz under Islamic law.
suicide bombers armed with rifles and
“As the swordsman was about to bring
explosive vests attacked a branch of
his sword down and cut off Abdul Aziz’s Kabul Bank in Jalalabad city, capital of head, he immediately stopped when the the eastern province of Nangarhar. victim’s father screamed through a
Afghan security personnel were queuing
loudspeaker that he had pardoned the
up to receive their salaries when the
killer of his son,” the Saudi Arabic
attackers dressed in army uniforms
language daily Alriyadh said.
entered and started a gun battle that
“He announced that he was pardoning
lasted several hours.
the killer in response to mediation by
At least 21 security personnel and four
the Monarch and many other
insurgents died. The rest of the victims
people….as he made the announcement were civilians. and the execution was halted, the
Azam was the main organiser of the
crowd began shouting ‘Allah Akbar (God attack, the court official said. is great)…God the Almighty has given
"These men killed dozens of people and Page 44
Crime and Justice — Death Penalty and the Right to Life
they confessed their crime," Omari said. spokesman Kadhem Zine al-Abidine President Hamid Karzai would have to
said.
sign death warrants for the sentence to The former ruler is currently facing a be carried out, he said, adding the
potential 93 charges. Authorities have
decision has already been sent to the
said they are looking into allegations of
president's office for signature. (Source: murder and torture—crimes punishable DPA)
by the death penalty. They are also looking into cases of
TUNISIA: BEN ALI MAY FACE UP TO 20
money laundering and the trafficking of
YEARS OR THE DEATH PENALTY
archaeological artifacts.
June 14, 2011: Tunisia’s ousted
Essebsi told Al Jazeera that Saudi
president Zine al-Abidine Ben Ali could
authorities had not responded to
face 20 years in jail if convicted of drugs, Tunisian requests to hand over Ben Ali. weapons and cash charges and possibly (Source: AFP) the death penalty for murder and torture, the justice ministry said.
VIETNAM: DEATH SENTENCES TO BE
The country’s interim leader Beji Caid
EXECUTED BY POISON
Essebsi said that Zine al-Abidine Ben Ali
June 13, 2011: the Law on Execution of
and his wife Leila Trabelsi will be tried in Criminal Sentences will take effect as of absentia in the case beginning June 20.
July 1, 2011, under which death
The couple fled to Saudi Arabia after a
sentences in Vietnam will be executed
popular uprising forced Ben Ali’s
by poison injection, instead of shooting.
downfall on January 14 after 23 years of This is said to be more advantageous rule.
than shooting because families of death
They are accused of withholding public
-sentence criminals can take the bodies.
funds and theft following the discovery
The law was approved by the 12th
of $27mn in cash and jewels in their
National Assembly.
palace in the Tunis suburb of Sidi Bou
The Ministry of Public Security
Said.
organised training courses on the
Ben Ali himself has also been charged
implementation of the Law on
over the discovery of drugs and
Execution of Criminal Sentences.
weapons at the presidential palace in
The new law is also praised to have
Carthage.
specific regulations on rewards and
If convicted he could receive between
punishments for prisoners who perform
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well or violate regulations at prisons.
sentence was achieved. "We know that
(Sources VietNamNet Bridge)
many preeminent voices such as President Jalal Talabani spoke of the
IRAQ: TAREQ AZIZ'S SON- END MY
possibility of clemency, however the
FATHER'S SUFFERING
Iraqi law does not allow for this."
June 9, 2011: Sentenced to hang in Iraq, The Minister explained that "regardless, Saddam Hussein's ex chief of diplomacy it is important that we still speak about Tareq Aziz has serious health problems
Tareq Aziz today as a man in prison and
and does not want to die in jail. His son
not in a tomb." (Sources: TMNews)
Ziad asked the Iraqi government to put an end to his suffering. "My father can
CHINESE SENTENCED TO DIE FOR
no longer move or speak, and has great
MONGOL HERDER'S DEATH
difficulty feeding himself," Ziad
June 8, 2011: A Chinese truck driver was
explained in a telephone interview from sentenced to death for killing an ethnic Amman with the daily Le Figaro.
Mongol herder by dragging him under
Aziz's family is indignant over the Iraqi
his truck in a case that triggered Inner
authorities' silence. "Two weeks ago my Mongolia's largest demonstrations in 20 mother and my sister went to meet the
years.
authorities in Baghdad, but they weren't Li Lindong's sentence was read out at able to. The vice Justice minister did not the end of his six-hour trial at the even respond to our phone calls" Ziad
Intermediate People's Court in the
said.
region's Xilingol League, the official
Three months after the confirmation of
Xinhua News Agency said.
his death sentence, Aziz launched a
Fellow driver Lu Xiangdong, who had
petition for either his sentence to be
been sitting in the cab of Li's truck when
carried out immediately or for him to be he drove over the herder, was also provided needed medical care. The
convicted of homicide and sentenced to
request
life in prison, Xinhua said.
that Aziz receive all necessary assistance Two others, Wu Xiaowei and Li has been rejected by Nouri al-Maliki's
Minggang, were convicted of
Shiite government many times.
obstructing justice and given three-year
In a visit to Baghdad yesterday, Italian
sentences for having blocked police who
foreign minister Franco Frattini
arrived at the scene, allowing Li Lindong
expressed satisfaction that a
and Lu to escape.
moratorium on Tareq Aziz's death
The speed of the trial and severity of the Page 46
Crime and Justice — Death Penalty and the Right to Life
sentences underscore authorities'
INDIA: HIGH COURT STAYS EXECUTION
sensitivity over the case and their desire OF DEATH SENTENCE ON DAS to assuage Mongol demands for justice. June 7, 2011: The Gauhati High Court in Outcomes in such trials are usually a
India stayed the hanging of death row
foregone conclusion, and proceedings
convict Mahendra Nath Das till June 17,
are often shown on television as a
after his mother Kusumbala filed a writ
public relations tool. Xinhua said 160
petition to keep her son’s execution in
people attended the trial including
abeyance for at least 14 days. The
relatives of the victim and the accused.
family will file a writ petition in the
The herder, Mergen, who like many
Supreme Court, seeking commuting of
Mongols uses just one name, was killed
his death sentence to life term.
on May 10 while he and others were
Mahendra Nath Das was sentenced to
blocking the road through their village
death in 1997 for murdering Harakanta
to protest noise and pollution produced Das in Fancybazar on April 24, 1996. The by coal trucks transiting the grasslands.
death sentence was confirmed by the
Police said Li ran over Mergen and then High Court in February 1998, while the dragged his body for 160 yards (145
Supreme Court rejected the appeal in
meters) before he died.
1999. Das is now kept confined in an
His death and that of another Mongol in isolated cell meant for condemned a clash with Chinese coal miners
prisoners.
sparked protests across the sprawling
Authorities of Central Jail, Jorhat have
northern pastureland by herders and
already initiated arrangement for
students demanding justice and greater installing the gallows for execution of protection for Mongol culture and the
the death sentence, while prison
nomadic herding lifestyle.
authorities in the State are on the
Mass migration to the region by
lookout for a hangman, as President
members of China's majority Han ethnic Pratibha Patil on May 25 rejected the group and a booming mining industry
clemency plea. (Sources: The Hindu, The
have placed traditional ways of life
Telegraph)
under severe pressure. Protesters were reportedly detained by
CHINA: STUDENT EXECUTED OVER HIT-
security forces, but there has been no
AND-RUN MURDER
official word on arrests. (Source: Ap)
June 7, 2011: China executed music student Yao Jiaxin, 21, for stabbing 26year-old mother Zhang Miao to death
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after hurting her in a car crash on
June 6, 2011: Iran’s Supreme Court has
October 20, 2010. The high court in
quashed the death sentence for Saeed
north China's Shaanxi province turned
Malekpour, a web programmer who
down his appeal over the April 22 death was facing execution on charges of sentence, China Central Television
developing and promoting porn
reported. The execution was also
websites.
approved by China's Supreme People's
The 35-year-old was convicted of
Court, which noted the "extremely
designing and moderating adult
despicable and odious" nature of the
materials online although his family said
crime.
he was a web programmer whose photo
Zhang, who was riding her bike, only
uploading software was used by a porn
suffered minor injuries in the accident
website without his knowledge.
but instead of helping the woman, Yao
Defence lawyers said the conviction was
stabbed her eight times with a knife as
quashed after they provided the court
she eyed his car number plate.
with expert evidence.
Yao, a student at the Xian Conservatory Malekpour, a Canadian resident who of Music, fled the scene but was later
was arrested in October 2008 on arrival
caught and, according to an earlier
in Tehran, will remain in jail while a
Xinhua report, confessed that he killed
judicial review into his case is held.
her because he feared the "peasant
Speaking from Toronto, his wife, Fatima
woman would be hard to deal with"
Eftekhari, said: "This a sigh of relief for
over the accident.
me, I'm very pleased that his life is
The crime has prompted hand-wringing finally saved. over the country's so-called "rich second "It's unbelievable that someone in this generation."
world has spent three years of his life in
The term is applied to the wealthy
jail for merely designing software and
offspring of people who have prospered was until now facing execution for that." with China's economic opening of the
According to Eftekhari, the campaign by
past 30 years -- youths seen as
human rights groups in support of her
expecting privilege and sometimes
husband was crucial in saving
lacking in morals. (Sources: Agence
Malekpour's life.
France Presse)
"Never underestimate the power of such campaigns when you can save the
IRAN: SUPREME COURT QUASHES
life of an innocent somewhere miles
DEATH SENTENCE IN 'PORN' CASE
away from you by clicking a button or Page 48
Crime and Justice — Death Penalty and the Right to Life
signing a letter," she said.
take to restrict the distribution of
"I remember that I was collecting
pentobarbital so that it is not delivered
signatures in support of my husband
to execution chambers in the U.S., but
and people were reluctant to put their
still reaches legitimate users."
names on the campaign because they
Lundbeck is a U.S.-government-
were pessimistic that they can save
approved manufacturer of
someone else's life by doing so. Now
pentobarbital. Pentobarbital has been
you can see how a signature affects
used in 13 executions in the U.S. thus
lives."
far. Over the course of the last one year,
A year after his arrest, Malekpour was
an increasing number of correctional
put on state television to confess to his
facilities in the U.S. have turned to using
charges. He later retracted the
pentobarbital – also known
confession in a letter sent from prison in commercially as Nembutal – as the which he said it was made under duress. unconsciousness-inducing component Students from some of the Iran's
of the lethal injection cocktail. Reprieve
leading universities also wrote to the
officials said that while Lundbeck
judges calling for his release. (Source:
refused to make concrete assurances
The Guardian)
the company had agreed to hire “external consultants to assess the most
DANES TRY TO BLOCK USE OF DRUG IN effective strategies." US EXECUTIONS
The statement by Mr. Wiinberg came
June 6, 2011: Lundbeck, the Danish
after months of intensive campaigns
company embroiled in the controversy
against Lundbeck, which also resulted in
over the use of its products in lethal
a major Danish pension fund,
injections in the United States, has
Unipension, selling 40 million Danish
agreed to take action to restrict such
Kroner – nearly $8 million – worth of
use after facing intense pressure at
shares in the pharmaceutical company
home and abroad.
owing to concerns regarding
In a meeting today with Maya Foa, of
pentobarbital use in U.S. executions.
the Legal action charity Reprieve,
After the meeting with Mr. Wiinberg,
Lundbeck Chief Executive Officer Ulf
Reprieve said in a statement that the
Wiinberg reportedly said that the
fierce criticism from press, politicians,
company had “reconsidered its
non-governmental organisations and
position” and he acknowledged that
shareholders had led Lundbeck to
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transparent in their communications on It has been reported the brutal killing this matter going forward... [and] that
was an act of revenge because the
this time the full independent
victim allegedly had an affair with the
consultancy would be published."
girlfriend of one of the suspects. The
Following the meeting with Lundbeck,
session was presided over by Judge
Reprieve representative Maya Foa said, Mohammad Al-Khalaf. (Source: Arab "At last we are beginning to see some
Times)
positive movement from Lundbeck on this issue. But too much time has
ARMENIAN PRISON CONDITIONS
already been lost - not to mention too
AGAIN CRITICIZED BY CIVIC MONITORS
many lives." Ms. Foa said that in
June 2, 2011: Conditions in Armenia’s
addition to the 13 people killed to date
prison remain inadequate and have only
using Lundbeck’s drugs, another 7 were worsened in recent years, a team of civil set to be executed by the end of June,
society representatives that regularly
which is the timeframe in which
inspects them claimed on Thursday.
Lundbeck promised to reconsider the
Artur Sakunts, a prominent human
issue. (Source: The Hindu)
rights campaigner heading the monitoring team, singled out prison
KUWAIT: BANGLADESHI TRIO
overcrowding as the most serious
SENTENCED TO DEATH IN MURDER OF
problem facing the country’s 5,100-
COMPATRIOT
strong prison population, which also
June 5, 2011: The Kuwait Criminal Court includes those kept in pre-trial sentenced three Bangladeshis to death
detention.
for the premeditated murder of a
“Our objective is to have humane
compatriot taxi driver.
conditions in the correctional system,
Case files indicate the suspects
where a part of our citizens is being
kidnapped the victim and set fire to him kept,” he said. “Conditions that do not in a desert in Jahra, leading to his
infringe on their dignity.”
death. Autopsy reports revealed the
“The trend in the last three years has
suspects beat the victim before burning been negative. The number of unsolved him to death, while the results of
problems has increased,” Sakunts told a
investigations showed that they had
news conference.
been keeping sharp objects for a long
Sakunts’s team comprises
time — a clear indication the killing was representatives of more than a dozen planned.
non-governmental organizations Page 50
Crime and Justice — Death Penalty and the Right to Life
involved in human and civil rights
also take into account prison
advocacy. The Armenian government
remodeling done there and the creation
allows them to visit prisons and inspect
of new cells.”
conditions there on a regular basis. The The official added that overcrowding monitoring group officially publishes its
will be significantly alleviated with the
findings in annual reports.
early release of some 400 prisoners
“During our visits we have repeatedly
which is currently underway in
seen 12, 18 or even 20 individuals kept
accordance with a general amnesty
in prison cells designed for 8 persons,”
declared by the authorities late last
Sakunts said. “When I ask inmates how
month. (Source: www.azatutyun.am/
they sleep they say, ‘We take turns.’”
content/article/24213711.html)
“I would urge those inmates to take legal action against the Republic of
ETHIOPIA PARDONS 23 TOP DERG
Armenia because of the inhuman
OFFICIALS
conditions in which they are kept,”
June 1, 2011: Ethiopian government
added the campaigner highly critical of
commuted the death sentences of 23
the Armenian authorities’ human rights former Derg regime high ranking record.
officials for committing genocide to life
Arsen Babayan, the spokesman for a
time imprisonment. According to
Justice Ministry department running the Ethiopian President Girma Wolde Armenian prisons and detention
Giorgis, who made the announcement
centers, dismissed these claims, saying
to local media at the national palace this
that the problem of overcrowding is
morning, all the 23 prisoners have
“very often exaggerated.” He insisted
received pardon from the government
that every prisoner in Armenia has their and they are sentenced to life time own bed and does not have to share it
imprisonment.
with cellmates.
The former Derg regime high-rank
According to Babayan, the total number officials were in prison for the last 20 of prisoners and detainees exceeds the
years. According to the Ethiopian law,
country’s nominal prison capacity by
someone who will be punished with a
roughly 800. “Just because a certain
life sentence will not be imprisoned for
[maximum] number is set doesn’t mean more than 25 years. that it’s not possible to keep more
Speaking at the event, “There is no half
people than that in penitentiary
forgiveness,” said Abune Paulos,
institutions,” he told journalists. “Let’s
Ethiopian Orthodox Church Patriarch
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and member of the religious
Kidan, Desalegn Belay, Lisanu Molla,
representatives who addressed
Abebe Eshetu and Berihun Mammo are
forgiveness request of the prisoners to
also set free from the death sentence,
the government. “In their pardon
according to President Girma's
request, the prisoners urged the
statement. (Sources: New Business
government to release them completely Ethiopia) from prison so that they will spend the remaining few years of their life time
NEW CHARGES FOR 9/11 SUSPECTS
with their children,” Abune Paulos
HELD AT GUANTANAMO
noted. “I hope and believe that our
June 1, 2011: US military prosecutors
government will fully release them from have filed new charges against selfprison,” he said. Indicating that the
described 9/11 mastermind Khalid
genocide committed during the Derg
Sheikh Mohammed and four alleged co-
regime has knocked the doors of
conspirators, held at Guantanamo Bay.
millions of Ethiopians, including
The charges of murder and conspiracy
religious leaders, Sheikh Elias Redman,
could result in the death penalty.
representing the Muslim community of
Five defendants had previously been
the country, also urged the government charged at Guantanamo over the to consider releasing the prisoners fully
attacks.
pardoning. The list of top high ranking
But the charges were set aside as the
the Derg regime officials who set free
Obama administration tried to move the
from death sentence includes: Fikre-
trial into US civilian courts; a move
Silasse Wegderes, Legesse Asfaw,
which was reversed in April.
Melaku Teferra, Tesfaye Welde-Silasse,
The new charges are similar to those
Gesigis Gebre Meskel and General
laid under President Bush's
Legesse Belayneh.
administration.
The list also includes, Abdulkadir
The five men are charged with
Mohamed, Petros Gebre, Sileshi
conspiracy, murder in violation of the
Mengesha, Colonel Nadew Zekariayas,
law of war, attacking civilians, attacking
Begashaw Atalay, Major General
civilian objects, intentionally causing
Woubishet Desse, Colonel Fisseha
serious bodily injury, destruction of
Desta, Colonel Endale Tessema and
property in violation of the law of war,
Colonel Debella Dinsa. In addition,
hijacking aircraft and terrorism.
Argaw Yimer, Degene Wendimagegnew, The Pentagon has said before that Eshetu Shenkute, Gessesse Welde –
Khalid Sheikh Mohammed admitted to Page 52
Crime and Justice — Death Penalty and the Right to Life
being responsible "from A to Z" for the
He abandoned that plan in April,
2001 attacks in New York and
because of opposition in Congress.
Washington, which claimed about 3,000 Instead, the five accused will be tried by lives.
a military commission, sitting at
He was captured in Pakistan in March
Guantanamo Bay. (Source: BBC)
2003 and sent to the US detention centre in Cuba in 2006. US prosecutors say he has confessed to
News from International
involvement in a host of terrorist
NGOs - June 2011
activities in addition to 9/11. These include the 2002 nightclub bombing in Bali, Indonesia, the 1993 World Trade Center bombing, the murder of American journalist Daniel Pearl and a failed 2001 attempt to blow up an airliner using a shoe bomb. In a 2007 hearing, Mr Mohammed alleged that he had been tortured at Guantanamo Bay. CIA documents confirmed that he had been subjected to waterboarding - simulated drowning 183 times. The other four accused are: Waleed bin
ARAB SPRING AT THE HEART OF WORLD COALITION AGM 26 June 2011 “We don’t want cosmetic change. What we want is abolition.” This statement is from Tagreed Jaber, Penal Reform International’s regional director for Middle east and North Africa, took a particular meaning in Morocco, where the draft new constitution protects the “right to life”, but doesn’t go any further.
Attash, a Yemeni; Ramzi Binalshibh, a Yemeni who allegedly helped find flight schools for the hijackers; Ali Abd al-Aziz Ali, accused of helping nine of the hijackers travel to the US; and Mustafa Ahmad al-Hawsawi, a Saudi, accused of helping set up the hijackers with money, clothes and credit cards. President Barack Obama's original intention was to close Guantanamo Bay, and have the five tried by federal courts on US soil. Page 53
“This is not enough for abolitionists. That article doesn’t ban the death penalty, contrary to other constitutions or the international protocol,” said Mostafa Znaidi of the Moroccan Coalition Against the Death Penalty. Jaber underlined the positive and negative aspects associated with the protest movements under way in the region in relation to the abolition of the death penalty.
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debate on the inhumanity of the death Halem Chabouni of the Tunisian
penalty, which will be the theme of this
Coalition said that his organisation had
year’s World Day Against the Death
recovered its freedom to exist after it
Penalty on October 10.
being banned by the Ben Ali government. Nobody has called for the
Rosalyn Park of The Advocates for
death penalty for the ex-president so
Human Rights, Bernadette Jung of
far, but he still considers that option as
FIACAT and Essadia Belmit of the UN
a risk. Most participants, however, are
Committe Against Torture discussed the
optimistic about the effect of the Arab
overlaps between the death penalty and
Spring on the death penalty. Montassir
inhuman treatments in international
Sakhi, a Moroccan blogger and activist
law. The Rabat general meeting is
who has been taking part in the
continuing on Sunday with the World
February 20 Movement, said that the
Coalition’s statutory meeting and
online networks created during the
training workshops for its members.
protests could help push for abolition in the near future. PENAL REFORM INTERNATIONAL HELD In some Arab countries, however, the
A REGIONAL CONFERENCE ON
trend is far from pointing towards
JUVENILE JUSTICE IN ALGIERS
abolition. Nasser Abood of the Iraqi
On 22 and 23 June 2011, Penal Reform
Coalition said that his country moved
International’s Middle East and North
from the Saddam Hussein regime, which Africa Office, organized a conference in used multiple laws to impose the death
cooperation with the Ministry of Justice
penalty on its people, to the current
in the People’s Republic of Algeria in
government, which uses anti-terrorism
Algiers. The conference, entitled
legislation to sentence thousands of
“Juvenile Justice in the Arab World: The
people to death.
Reality of the Situation and Future Prospects, ” included representatives
Although a recent report by the Iraqi
from Jordan, Algeria, Egypt, Morocco,
ministry of human rights stated that
Yemen, Kuwait, Oman, Sudan, and the
1145 people were on death row, Abood Palestinian National Authority. estimates the real figure to be several times higher. The public section of the
The session began with opening
World Coalition’s AGM ended with a
remarks from Mr. Fleon, Director of Page 54
Crime and Justice — Death Penalty and the Right to Life
Prisons and Reintegration, Ms. Alison
presentations of the experiences of
Hannah, Executive Director of Penal
Algeria, Jordan, Egypt, Morocco, Yemen,
Reform International, Ms. Eva Amanus
and Kuwait.
the Swedish Ambassador to Algeria, and Mr. Massoud Bifrisha, the Secretary-
On the second day, the conference
General of the Ministry of Justice in
presented information on inspection
Algeria. The opening remarks focused
mechanisms in detention centers and
on the importance of assessing the
the status of children within those
reality of juvenile justice in the Arab
centers. Workshops were conducted
world and determining constructive
discussing issues of child custody,
developments for the future. Their
transfer, deprivation of liberty,
words stressed that these
reintegration, and aftercare. The
developments are a conceivable
conference was concluded with a field
through programs and projects
visit to El Harrach Foundation, organized
implemented by Penal Reform
by the Ministry of Justice.
International and its governmental and non-governmental partners. PUERTO RICO PRESSURES OBAMA TO During the first day, Taghreed Jaber,
ABOLISH UNWANTED FEDERAL DEATH
director of the Middle East North Africa PENALTY Regional Office of Penal Reform
19 June 2011
International, gave a brief overview of
In a letter addressed to President
the organizations achievements and
Obama, World Coalition member, the
role in enhancing juvenile justice with
Puerto Rican Coalition Against the
international standards. She presented
Death Penalty (PRCADP), has requested
the results of a study, entitled “The
that the President abolish the
Development of Juvenile Justice
application of the federal death penalty
Systems in Jordan, Algeria, Egypt,
in Puerto Rico. The letter, signed by
Morocco, and Yemen.” Additionally, the PRCADP’s General Coordinator Edgardo first day included presentations on the
Roman-Espada, was sent to the White
international Rights of the Child by D.
House before the President’s visit to the
Kamel Filali and Fatima Zahra, Member
island on 14 June 2011.
of the Committee of Experts on the
Mr. Roman-Espada ‘s letter points out
Rights and Welfare of the child. These
that Puerto Ricans are still exposed to
presentations were followed by
the death penalty despite its abolition in
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law in 1929 and constitutionally in 1952 and the last execution occurring over 80 Those seeking the abolition of the death years ago in 1927. Public opinion of the
penalty in Puerto Rico have repeatedly
largely Catholic population is against its
argued that the federal death penalty
application and as the letter states “no
should not be applied in jurisdictions
jury has ever imposed a death penalty in that do not have capital punishment the Federal District Court for Puerto
statutes. In 2000, this argument was
Rico, although the US District Attorney’s supported by a federal judge who Office is constantly trying to push for it”. ruled that the federal death penalty could not be sought against two According to PRCADP spokesperson
defendants in Puerto Rico because the
Carmelo Campos Cruz “ there are three
death penalty is “locally inapplicable”.
cases before the Federal District Court for Puerto Rico that have been certified This decision was reversed by the US 1st for the death penalty, as well as three
Circuit Court of Appeals in 2001 and the
other procedures pending to be
two defendant were tried under the
certified as possible cases for capital
federal death penalty. Two years later
punishment”.
the defendants were acquitted.
“In flagrant disregard to our
Obama and the death penalty
Constitution, the Secretary for Justice
In his capacity as senator in Illinois,
and the Police Superintendent, with the Barack Obama lead a successful acquiescence of the Governor of Puerto campaign to reduce the risk of Rico, has mobilized the Commonwealth prosecution misconduct by passing a government’s resources to help federal law that requires the video taping of authorities impose the death penalty on confessions in capital cases. Puerto Rico.” Nonetheless, President Obama is Under the Federal Death Penalty Act
officially for the death penalty. In the
1994 signed by President Clinton, the
lead up to the presidential election,
number offences Puerto Ricans could be Obama stated during a live television executed for increased tremendously, debate that “we have to have this including several non death offences
ultimate sanction for certain
such as treason and drug trafficking in
circumstances in which the entire
large quantities. Page 56
Crime and Justice — Death Penalty and the Right to Life
community says this is beyond the pale, in U.S. presidential elections despite the and I think it is important that we
islanders being U.S. citizens.
preserve that”. When asked if the PRCADP thought
UN ADOPTS DRAFT OPTIONAL
President Obama would act on the
PROTOCOL TO THE UN CRC ON A
recommendations in the letter,
COMMUNICATIONS PROCEDURE
spokesperson Campos Cruz replied;
PRI welcomes the adoption on 17 June
“Although we are aware of his previous
2011 of the final draft Optional Protocol
positions on capital punishment, being a establishing a communications person awarded with the Nobel Peace
procedure for children's rights violations
Prize, makes him– at least in theory – a
by the UN Human Rights Council. The
sensitive recipient of our requests. We
final text will now be transmitted to the
know that given the current scenario in
UN General Assembly to be discussed by
the US Congress it will be difficult to
its Third Committee in Autumn 2011
approve an amendment to the Federal
and endorsed and adopted by the
Death Penalty Act to exclude the
General Assembly in December
application of federal capital
2011.This will be the third Optional
punishment in Puerto Rico.
Protocol to the CRC. If the GA adopts it,
Nevertheless, there are administrative
ratification of the new instrument
measures that can be adopted by
would be open from January 2012.
President Obama to limit capital punishment”.
The Draft was crafted by an intergovernmental working group over
He then added that the “PRCADP will
ten days in December 2010 and
continue to use any viable strategy to
February 2011. The new protocol will
demand the end of federal capital
enable the Committee on the Rights of
punishment in Puerto Rico. Next June
the Child to examine communications
20, our organization will present – for
from children and their representatives
the fourth consecutive year – a brief of
alleging violations of their rights.The
the application of federal death penalty Convention on the Rights of the Child is in Puerto Rico before the UN’s Special
the only core international human rights
Committee on Decolonization”.
treaty that does not have a
Interestingly, Puerto Ricans cannot vote communications procedure.
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A complaints or “communications”
discrimination.
procedure allows individuals, groups or their representatives, claiming that their “Alabama’s Governor should spare rights have been violated by a State that Eddie Powell’s life. The power of is a party to a Convention, to bring a
executive clemency is not constrained in
communication before the relevant UN
the same way the courts are and he
Committee, provided that the State has should take this opportunity,” said accepted the procedure. A coalition of
Susan Lee, Americas Programme
over 80 international and national
Director at Amnesty International.
NGOs, supported by more than 600
“There is no doubt that Eddie Powell
organisations in all regions, has been
has been convicted of a serious crime,
actively lobbying for the establishment
but given the irrevocable nature of the
of this new mechanism since 2006. For
death penalty, the authorities should
further information on the campaign
surely err on the side of caution when
see here: http://www.crin.org/law/
the constitutionality of an execution has
crc_complaints
been questioned in this way.” Four years after Eddie Powell was sent
CLEMENCY URGED AS ALABAMA
to death row, the US Supreme Court
EXECUTION LOOMS
ruled that the execution of prisoners
14 June 2011
with “mental retardation” was
Amnesty International today called on
unconstitutional. A clinical psychologist
the Governor of the southern US state
recently found that Eddie Powell has
of Alabama to commute the death
“mild mental retardation”. In his
sentence of a man who is due to be
childhood, Powell had been placed in
executed on 16 June. Eddie Duval
special-education classes from the age
Powell, a 41-year-old African-American, of 10. US courts have dismissed a claim was sentenced to death in 1998 for the
by Eddie Powell’s appeal lawyers on
rape and murder of a 70-year-old white these grounds, without holding an woman near Tuscaloosa, Alabama three evidentiary hearing on the claim. years earlier. His appeal lawyers have claimed he has a mental disability that
His lawyers have lodged a new appeal
would render the execution
asking the Alabama Supreme Court to
unconstitutional while questions have
order a hearing and are also seeking
also been raised over possible racial
clemency from the state’s Governor. Page 58
Crime and Justice — Death Penalty and the Right to Life
However, they failed in a 2010 attempt
SAUDI ARABIA: SURGE IN EXECUTIONS
to have the US Supreme Court take the
IN RECENT WEEKS
case, which included claims that racial
Executions in Saudi Arabia are mainly
discrimination had played a role in the
carried out by beheading.
jury selection and trial.
10 June 2011 The Saudi Arabian authorities must halt
Out of 29 African-Americans in the
the use of the death penalty, Amnesty
original jury pool, only one ended up on International said today, following a the jury, along with 11 white jurors. The significant increase in executions in the jury voted by 11 to one to recommend
country in the last six weeks. At least 27
that Eddie Powell be put to death.
people have been executed in Saudi
Studies of the USA’s capital justice
Arabia in 2011, the same as the total
system have consistently indicated that
number of people executed in the
race plays a role in the death penalty, in whole of 2010. Fifteen people were particular that a death sentence is more executed in May alone. likely when the murder victim is white. “The Saudi Arabian authorities must halt The USA has executed 1,254 people
this disturbing pattern, which puts the
since the death penalty was reinstituted country at odds with the worldwide in 1977. Blacks and whites are the
trend against the death penalty,” said
victims of murder in approximately
Philip Luther, Amnesty International’s
equal numbers in the USA, but in nearly Deputy Director for the Middle East and 80 per cent of the cases that have
North Africa. “Amnesty International is
ended in execution since 1977, the
aware of over 100 prisoners, many of
crimes involved white murder victims.
whom are foreign nationals, currently
The state of Alabama has carried out 52 on death row. The Saudi authorities executions – in 86 per cent of these
must immediately stop executions and
cases the victim was white.
commute all death sentences, with a view to abolishing the death penalty
Amnesty International unconditionally
completely,” he added.
opposes the death penalty in all cases worldwide. There have been 20
Two brothers, Muhammad Jaber
executions in the USA so far this year.
Shahbah al-Ja’id, 54, and Sa’ud Jaber Shahbah al-Ja’id, 47, are at imminent risk of execution. They were sentenced
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to death in 1998 by a court in Mecca, for the murder of another Saudi Arabian At least 158 people, including 76 foreign man. In April 2011 their sentences were nationals, were executed by the Saudi said to have been ratified by the King
Arabian authorities in 2007. In 2008
and it is feared that they could be
some 102 people, including almost 40
executed at any time, although no date
foreign nationals, were executed. In
is known to have been set.
2009, at least 69 people are known to have been executed, including 19
They did not have access to a lawyer
foreign nationals and in 2010, at least
during their pre-trial investigation or
27 people were executed including six
their trial. Furthermore, it appears that
foreign nationals.
Sa’ud Jaber Shahbah al-Ja’id confessed to the murder under duress as the
Saudi Arabia applies the death penalty
authorities reportedly arrested his
for a wide range of offences.
elderly father in order to place pressure Defendants are rarely allowed formal on him. “Amnesty International is
representation by a lawyer, and in many
opposed to the death penalty in all
cases are not informed of the progress
circumstances, but it is particularly
of legal proceedings against them. They
appalling that Muhammad and Sa’ud al- may be convicted solely on the basis of Ja’id were sentenced to death after a
confessions obtained under duress or
trial in which they received no legal
deception. R
assistance,” said Philip Luther. Read also: “However strongly the Saudi Arabian
http://www.fidh.org/Release-of-
authorities support the death penalty,
prominent-human-rights-defender-
they must at least recognize that no one while should be executed after such
http://www.fidh.org/Arbitrary-arrest-
problematic legal proceedings and
and-detention-of-Ms-Mansoureh
commute their death sentences.” Five
http://www.fidh.org/Iran-Shirin-Ebadi-
of those executed this year are foreign
about-the-Iranian-Bar
nationals. Amnesty International has previously documented the disproportionately high number of executions of foreign nationals from developing countries. Page 60
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