Crime and Justice Death Penalty and the Right to Life

A Monthly Newsletter for Strengthening Awareness on the Abolition of Death Penalty

September 2011 Inter Press Service

September 2011

IPS, the global news agency, brings you independent news and views on capital punishment. In this newsletter you will Download as PDF 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.

Executed for Being Gay Matthew Cardinale ATLANTA, Georgia, U.S., Aug 31, 2011 (IPS) - Five nations still outlaw homosexuality and carry out executions of gay, lesbian, bisexual, and transgender people, according to a recent report by the U.S. group Human Rights First. MORE >>

LEBANON: Women Prisoners Play the Liberation Role Dalila Mahdawi BAABDA WOMEN’S PRISON, Lebanon, Aug 18, 2011 (IPS) - To a soundtrack of almost constant pounding of fists against iron doors, drama therapist Zeina Daccache is trying to capture the attention of a group of women prisoners. Many of the 45 women are suffering from drug withdrawal and alternately appear agitated, upset, energised and detached. Others chat loudly, take long puffs off cigarettes, or pace the room. MORE >>

MIDEAST: Divided We Execute Mel Frykberg RAMALLAH, Aug 16, 2011 (IPS) - The execution of a Palestinian father and son by Hamas security forces in Gaza throws up a sharp difference over the death penalty between Gaza and the West Bank. In the West Bank a temporary moratorium is in place. MORE >>

MIDEAST: In Prison, and Denied Education Mohammed Omer GAZA CITY, Aug 11, 2011 (IPS) - Access to education for Palestinian prisoners in Israeli jails is getting worse as international organisations remain unwilling or unable to intervene. Secondary- school students here completed their exams in June, and received their results by end of July. However, the 1,800 Palestinian prisoners who were supposed to complete their exams were not permitted to do so by the Israeli Prison Service. MORE >>

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WORLD PRESS REVIEW: EETO CALLS FOR ABOLITION OF DEATH PENALTY IN TAIWAN - INDIA: OVER 20 DEATH ROW CONVICTS AWAIT FINAL WORD ON THEIR MERCY PLEAS - INDIA: HIGH COURT STAYS EXECUTION OF RAJIV GANDHI'S KILLERS - DEATH FOR CHINA MOBILE MAN - RWANDA TO HOST MEET ON DEATH PENALTY - IRAN: DEATH SENTENCE FOR SCIENTIST’S KILLER - SUDAN: REBEL LEADER SENTENCED TO DEATH - SRI LANKA: DEATH SENTENCE FOR FOUR POLICEMEN - MALAYSIA: APPEAL COURT UPHOLDS DEATH SENTENCE FOR DRUG PEDDLING - VIETNAM: MAN SENTENCED TO DEATH FOR SETTING FIRE TO FAMILY - KENYA: THREE SENTENCED TO DEATH FOR 2009 MURDER OF IRISH PRIEST - NIGERIA: SHEMA PARDONS 8 PRISONERS ON DEATH ROW - MALAYSIA: MAN TO HANG FOR DRUGS - SRI LANKA: FIVE CHINESE SENTENCED TO DEATH - CHINA EXECUTES MAN FOR RUNNING OVER MONGOL HERDER - BOTSWANA: FOUR PRISONERS STILL ON DEATH ROW - BAHAMAS: ANOTHER DEATH SENTENCE OVERTURNED BY PRIVY COUNCIL -

News from International NGOs: PRI CONDUCTS TRAINING ON ABOLITION OF THE DEATH PENALTY IN THE MENA REGION - PRI SUBMISSION TO THE CRC DAY OF GENERAL DISCUSSION ON THE CHILDREN OF IMPRISONED PARENTS - PRI SUBMITS COMMENT ON THE RIGHT TO REDRESS FOR VICTIMS OF TORTURE - PRI: DEATH PENALTY ABOLITION AFTER ARAB SPRING - PRI CONCERNED ABOUT RETROGRESSION IN KAZAKHSTAN’S PRISON SYSTEM - BENIN CLOSER TO ABOLISHING THE DEATH PENALTY - TUNISIA MEN DETAINED IN RAIDS SET TO FACE MILITARY TRIALS - Q&A: ACCOUNTABILITY IN TUNISIA AND EGYPT 2 August 2011 - ASIA STILL TOP EXECUTIONER BUT MORE DIVIDED THAN EVER: HANDS OFF CAIN REPORTS - HANDS OFF CAIN PRESENTS 2011 REPORT ON THE DEATH PENALTY WORLDWIDE - HANDS OFF CAIN: POSITIVE EVOLUTION TOWARDS THE ABOLITION OF THE DEATH PENALTY - MUBARAK: D’ELIA (HANDS OFF CAIN)- MUBARAK TREATMENT TEST OF THE NEW EGYPT -

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.

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PROJECT ARTICLES "When other freedoms are opposed, any freedoms can be oppressed. When

you don't have freedom of the press, Executed for Being Gay freedom of engagement, it makes it By Matthew Cardinale difficult. Certainly the countries that ATLANTA, Georgia, U.S., Aug 31, 2011 carry out the death penalty, these are (IPS) - Five nations still outlaw countries where just speaking up homosexuality and carry out executions contrary to the government can have of gay, lesbian, bisexual, and dire consequences," Osburn told IPS. transgender people, according to a

recent report by the U.S. group Human The current penal code of South Sudan - Rights First. which may become the sixth county to

execute gays - is a departure from the Currently, the nations that prescribe shariah law previously practiced in the capital punishment for homosexuals are region when it was part of Sudan, yet it Iran, Mauritania, the Republic of Sudan, still criminalises sodomy. Saudi Arabia and Yemen.

"Right now they imposed a 10-year South Sudan, the world's newest criminal sentence, but have not adopted country, may become a sixth nation to the death penalty yet," Osburn said. do so, while, if religious extremists have

their way, Uganda may become the President Stealva Kiir Mayardit of South seventh. Sudan recently said that democracy,

equality, and justice do not extend to The death penalty also is carried out people who are homosexual. against homosexuals in certain parts of

Somalia and Nigeria. Recognition of homosexual people is

"not in our character... It is not even Many of the countries that carry out the something that anybody can talk about death penalty against homosexuals also here in southern Sudan in particular. It have anti-democratic regimes, noted C. is not there and if anybody wants to Dixon Osburn, director of the Law and import or to export it to Sudan, it will Security Programme at Human Rights not get the support and it will always be First. condemned by everybody," President

Mayardit said.

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"I'm sad to hear that Southern Sudan, as "In Uganda, there are those trying to a new nation, is considering this," Joe keep the anti-homosexuality bill from Beasley, president of the U.S. NGO becoming law," Osburn said, adding that African Ascension, told IPS. "I was he does not see as much movement to hoping it would be a lot more overturn the existing death penalty laws progressive." in the five countries.

"Given the prevalence of homosexuality One prominent Ugandan gay activist, in the communities, in the families of David Kato, was murdered in January nations globally, South Sudan isn't 2011, after a Ugandan magazine regarded any different, does not fall published a list of prominent gay rights outside the human norm," Beasley said. activists and their contact details, with a banner over the photos that urged, Meanwhile, major disputes over the "Hang Them". rights of GLBT people in Uganda continue, with one piece of legislation "It's a lynch mob mentality. You have an having been introduced to execute elected parliamentarian, Mr. Bahati, homosexuals who are HIV-positive. who introduced this bill and has been pushing. He believes gay people are David Bahati, a Ugandan evil," Osburn said. parliamentarian, introduced the Anti- Homosexuality Bill of 2009 in the "You then have him getting the support Parliament. of media where gay people are under the microscope, doing this "You can see it creates a very difficult McCarthyistic list, which adds to the environment for anybody who's gay mentality of going after folks who are a there," Osburn said. danger in the society," he said.

The legislation would also criminalise One of the leading supporters of the people who advocate for GLBT rights, or movement to execute homosexuals in who provide social or medical services Uganda is a minister, Martin Ssempa. to GLBT people, and would require Ugandan citizens to turn in anyone who Incidentally, one man connected with they know is homosexual. Ssempa who visited with his

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congregation in 2004, is a U.S. pastor, change human nature. I think we need Peter Waldron, who currently works on to get a life. God doesn't make the campaign of U.S. Rep. Michele mistakes," Beasley said. (END) Bachmann, a Republican from Minnesota and one of the leading

candidates for president of the United States. LEBANON: Women Prisoners Play the Liberation Role "The sad, frightening part of it, the By Dalila Mahdawi homophobic stuff in Uganda is being

propped up by the evangelists from the BAABDA WOMEN’S PRISON, Lebanon, U.S. They've come over there and Aug 18, 2011 (IPS) - To a soundtrack of whipped up a frenzy," Beasley said. almost constant pounding of fists

against iron doors, drama therapist And so, while the proponents of Zeina Daccache is trying to capture the homophobic legislation in Africa argue attention of a group of women that homosexuality is an Western prisoners. Many of the 45 women are import, there is evidence that the suffering from drug withdrawal and homophobia itself has been the U.S. alternately appear agitated, upset, export. energised and detached. Others chat loudly, take long puffs off cigarettes, or "I just left Uganda. I think it's draconian, pace the room. it's totally out of step. The death

penalty, regardless of what the offence But it doesn’t take long for Daccache, is, is not in keeping with a civilized who is also a well-regarded comedian people," Beasley said. on Lebanese television, to bring calm to

the chaotic scene. After a few warm-up "The ultimate decision about judging life games intended to break the ice, she is left to God," he added. has several of the women relating their

life stories and future ambitions, "My advice to the leaders is feed your envisioning a world beyond the confines damn babies, stop the neocolonialism, of bolted doors and barred windows. do that and the world will call you blessed and enlightened. With witch Daccache has come to Baabda as part of hunts, you're not going to be able to

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her goal to bring drama therapy inside Drama therapy gained popularity in the Lebanese prisons. Her organisation, the 1970s and has been used ever since in Lebanese Centre for Drama Therapy schools, rehabilitative clinics, (CATHARSIS), is the only one of its kind bereavement centres and prisons to in the Arab world and one of very few help individuals overcome personal offering rehabilitation services to those problems, promote critical thinking, behind bars. teach teamwork skills and improve self- esteem. Through role-play, group Following an adaptation and award- therapy sessions and dramatisation, winning documentary of the 1950s U.S. many of the women in Baabda are play ‘12 Angry Men’ (renamed ‘12 Angry gaining greater self-awareness and Lebanese’) with inmates from Lebanon’s reflecting on the events that led them high-security Roumieh prison, Daccache into conflict with the law. decided to expand her drama therapy programme to other prisons in the "The aim in the end of this current country. With support from the Drosos project in Baabda is to have a theatre Foundation, she is also training dozens performance," Daccache says. Because more individuals to become drama of the high turnover in prisoners, the therapists in the hope of encouraging a group will create a montage of new generation of professionals monologues as opposed to a full play, combining theatre with rehabilitation. giving newcomers the chance to Although she has only been working in participate and explore their personal Baabda for a few weeks, Daccache is history. "Each one of them is a scene by already seeing some of the prisoners herself," says Daccache. "Each one by shrug off their initial caution to embrace themselves fills the room." the therapy. N.L., who has been using drugs since she "I’m very sad because of my situation was 15, clutches a sketch of herself on a and I’m sad because my daughter is far stage. "My role in the past was away," says D.W., who is serving time addiction, humiliation," she tells the for drug offences. "I have a good heart group. Although she awaits sentencing but I didn’t think of my daughter," she for drug trafficking charges, she says says, crying quietly. "I didn’t know right she’d "like to be a wife, a mother, from wrong." someone who is respected, happy."

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Daccache is passionate about the power prisoners, all of whom are kept in of drama in rehabilitating prisoners and overcrowded penitentiaries that fail to combating recidivism. At Roumieh meet the standard minimum treatment prison, "the inmates started working on recommended by the United Nations. themselves instead of blaming their situation entirely on society the whole Poor holding conditions lead to frequent time," she says. "Depression diminished rebellions and riots. In April, Roumieh and the inmates were able to plan a prison experienced the worst uprising in future for themselves outside of Lebanese history. Prisoners protesting a prison." Some of the men became so lack of access to medical care and poor passionate about theatre that they services broke down doors, started fires sought out acting jobs after leaving and took control of much of the prison prison. in a standoff which resulted in the death of four inmates. The need for such rehabilitative services is especially important given the dismal Earlier this month, Lebanon’s conditions in Lebanese prisons. Parliament rejected a proposal to Notoriously overcrowded, 19 out of reduce the prison "year" from 12 to Lebanon’s 20 penitentiaries were not nine months, prompting three inmates originally built to serve as such, says MP to set fire to themselves, resulting in the Ghassan Moukheiber, who as head of death of one, and hundreds of others to the Parliamentary Human Rights initiate hunger strikes. Last weekend, Committee recently presented a five prisoners from Roumieh managed a detailed report on prison reform. jail-break by scaling the prison walls "Prison conditions are to be considered with bed sheets. Experts are now in themselves a form of torture, cruel warning that another prison riot there is and degrading punishment," he told IPS. looming on the horizon. "There is an urgent need to shift prisons from being places of punishment to While in better condition than many of places of rehabilitation." Lebanon’s larger prisons, Baabda offers no exercise facilities, and women only Besides segregated quarters in mixed have access to sunlight filtered through prisons, Lebanon has four women’s a caged-in rooftop. Many prisoners prisons. Women count for only around complain of inadequate medical 300 of Lebanon’s roughly 5,000 treatment and unhygienic conditions,

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and have little to no recourse to legal death penalty between Gaza and the counsel. Frustrations often lead to spats West Bank. In the West Bank a among the inmates. temporary moratorium is in place.

Amidst such circumstances, the group The executions were carried out despite therapy offered by CATHARSIS takes on pressure from Palestinian and additional importance. "The sharing of international human rights experiences and the group dynamic organisations for the death penalty in helps them find a way to channel their the occupied Palestinian territories to anxieties," Daccache says. "The new be rescinded. social interaction has given them back a sense of worth and has made them feel "Although few of the West Bank as though they are part of a sentences are carried out as Palestinian community." Authority (PA) President Mahmoud Abbas doesn’t sign the orders, the Perhaps most importantly, says judicial system and sentencing Daccache, drama therapy offers procedures haven’t improved. We prisoners a sense of hope at a time continue to struggle with other human when many experience an rights groups to get the PA to change its overwhelming sense of despair. "They laws," Jaber Wishah from the are learning that there is still a chance Palestinian Centre for Human Rights to change even while they are still in (PCHR) told IPS. prison," she says. (END) The two were executed in July following their conviction on charges of treason

and murder. MIDEAST: Divided We Execute The man aged 60, and his 29-year-old son had been sentenced to death by a By Mel Frykberg civilian court in November 2004.

Hamas’s ministry of the interior RAMALLAH, Aug 16, 2011 (IPS) - The asserted that Gaza’s Court of First execution of a Palestinian father and son by Hamas security forces in Gaza Instance sentenced the defendants to death by hanging after Gaza’s Court of throws up a sharp difference over the Cassation rejected an appeal against the

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death penalty and endorsed the First Palestinian Penal Code applying in the Court’s sentence. West Bank enables imposition of the death penalty for 17 offences. In the Hamas officials said the men had Gaza Strip, 15 offences can risk the confessed to providing Israeli forces death penalty. The penal laws are with intelligence which helped them normally implemented by ordinary civil track down Palestinian resistance courts. fighters including Hamas leader Aziz Rantisi who was killed in a 2004 Israeli In addition to the current Palestinian air strike on his car. penal code, the PA also imposes the death penalty pursuant to the PLO The Palestinian Centre for Human Rights Revolutionary Penal Code of 1979. (PCHR) condemned the death sentences, saying they had been carried This code enables imposition of the out without ratification from Abbas. death penalty for 42 offences, and is applied by special military and state Under Palestinian law death sentences security courts. These special courts are have to be ratified by the president responsible for the vast majority of under the Code of Criminal Procedures death sentences imposed by the PA. of 2001. The leader has withheld approval in recent cases, creating a de This situation has been criticised by civil facto moratorium on capital judges from the PA’s Judicial Authority. punishment in the Israeli-occupied West Bank, where his administration still Thuraya Alwazir, one of the PA Judicial holds sway. Authority’s few female judges, expressed dissatisfaction with the A political schism between Gaza’s military courts taking over the Hamas leaders and the Fatah-affiliated jurisdiction of civilian courts. PA in the West Bank following the 2007 civil war has split the Palestinian legal "We are not happy about this and system, with the Hamas judiciary believe that only civilian courts should working independently of the judiciary have the authority to impose the death in the West Bank. penalty. The president is aware of our concerns and the matter was being PA law allows the death penalty. The looked into. However, due to the

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current political situation the legislation January 2009. has remained on hold," Thuraya told IPS. Eleven people were released from prison or managed to escape, while two According to Israeli rights group people sentenced to death are missing. B’tselem, the imposition of the death The rest remain on death row. penalty in the Palestinian judicial system contravenes international law in several Haider Ghanem from Rafah in the ways. southern Gaza Strip was on death row in Gaza’s central prison for a number of These include the broad number of years. He was accused of providing offences for which the penalty can be Israel with information that led to the applied and the way these special courts death of a number of Palestinian deny defendants elementary rules of resistance fighters. due process. The accused are given little opportunity to defend themselves, and He managed to escape during Cast Lead. there is no judicial procedure to appeal But masked Hamas gunmen abducted the decisions of military and state him from his sister’s home during the security courts. second night of his freedom.

So far this year five Gazans have been "A group of heavily armed Hamas men executed by the Hamas authorities. forced their way into our home and took Haider away," his sister Ighlas B’tselem says that between 1995 and Ghanem told IPS. "Several days later we 2010, 89 Palestinians were sentenced to were informed were we could retrieve death. However, "only" 18 executions his body. He had been severely beaten were carried out. and had been shot numerous times in his legs and arms before being Two of the death sentences were executed." (END) commuted to prison sentences. Eight of the condemned were murdered while in

PA custody. A further three were murdered after escaping from prison MIDEAST: In Prison, and during Israel’s military assault on Gaza, Denied Education Operation Cast Lead, December 2008-

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By Mohammed Omer Red Cross. They are not doing what a neutral organisation should be doing to GAZA CITY, Aug 11, 2011 (IPS) - Access meet the needs of prisoners in conflict to education for Palestinian prisoners in areas," she says. Israeli jails is getting worse as international organisations remain Fatima’s worries have increased since unwilling or unable to intervene. hearing about her son’s hunger strike. Secondary- school students here "There is nothing that I can do to stop completed their exams in June, and him from doing this. I can’t get to him." received their results by end of July. However, the 1,800 Palestinian Palestinian Authority (PA) Major prisoners who were supposed to General Tawfiq Al Tirawi issued a press complete their exams were not release last week, following the release permitted to do so by the Israeli Prison of 770 Palestinian prisoners, stating: Service. "The Israeli occupation has launched an unusual and unprecedented war against In the early morning hours, Fatima Abu the prisoners." Having spoken to the Jayyab, mother of Palestinian prisoner released prisoners Al Tirawi accused Eyad Khalid Abu Jayyab, gets ready for Israel of barring the prisoners from morning prayers. For the past nine applying for their exams, continuing years, every Monday morning this 57- their university studies or obtaining year-old mother has stood outside the medical care. International Red Cross Committee (ICRC) office in Gaza City with a poster Last June, angry families of Palestinian displaying her son. The Israeli prisoners in Gaza City pelted the ICRC authorities have prevented her from building with eggs. The protest came seeing him for the last five years. following a statement from the ICRC demanding Hamas provide evidence Israeli authorities imprisoned Eyad that the Israeli soldier Gilad Shalit is still Khalid Abu Jayyab for what Fatima calls alive five years after his capture. "The affiliation to a political party. "I think of total absence of information concerning him every moment," she told IPS. Mr. Shalit is completely unacceptable," ICRC Director-General Yvest Daccord "I have lost faith in the International told the press.

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Saber Abu Karsh, spokesman for Wa'ed, recently to conduct the high secondary- a Gaza-based organisation defending school exams for all prisoners according Palestinian prisoners said, "The ICRC to commitments and procedures statements are illegal and inhuman. whereby the ministry of prisoners, and Israel has been preventing 750 Gaza ministry of education and higher prisoners from family visits for five years education, conduct the exams in a now." transparent manner," Qaraqi said

Abu Karsh adds, "There are 1,500 This year 88,768 students took their prisoners, including 36 female prisoners secondary school exams across the Gaza and 350 children in need of health care Strip and the West Bank. The prisoners which is denied them. The ICRC needs to however, were excluded for the third mention, just once, about the 7,000 year - since 2009. Palestinian prisoners, and should intervene to ensure that medicine, food In 2009, Qaraqi appealed to the Israeli parcels, clothes and blankets get to the Supreme Court of Justice to reverse the prisoners." decision not to allow the exams. "This session has been postponed and has not Hamas, however, has declined to been discussed ever since," Qaraqi said. answer the request of ICRC, according to Ismail Radwan, the movement’s According to the ministry of prisoners spokesman in Gaza. In October 2009, and ex-detainees in Ramallah, Abu Hamas released a short video of Shalit, Jayyab, currently imprisoned in Negev in exchange for the release of 20 prison, is one of the 1,800 Palestinian Palestinian women. prisoners who have been denied access to secondary- school exams. PA Minister of Prisoners and Ex- Detainees Issa Qaraqi slammed Israel’s "The security prisoners are held by law decision of not allowing prisoners to in Israel Prison Service facilities," complete their scholastic exams inside Lieutenant-Colonel Ian H. Domnitz told the Israeli prisons. "There has been no IPS. He refused to comment further. justification given for the denial of "We don’t deal with such matters education," Qaraqi told IPS. through the media," he said.

"The Israeli Prison Service agreed Qaraqi himself in his official capacity as

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minister of prisoners has never been enrol in the Open University of Israel. allowed to visit the prisoners, or to This is no longer the case, according to observe their conditions. the Ministry of Prisoners. (END)

Maria Cecilia Goin, ICRC spokesperson in Jerusalem, acknowledges the WORLD PRESS REVIEW problem. "We are aware about the situation that they cannot complete August 2011 their high secondary-school exams and we are following it with the Israeli This review provides a glimpse of prison authorities." developments related to death penalty as reported by media around the However, the ICRC maintains a dialogue world, in a chronological order from with Israeli authorities "which is the end of August to the beginning of bilateral and confidential," Goin told the month. IPS. "Our recommendations regarding this problem or any other detention EETO CALLS FOR ABOLITION OF DEATH issue are discussed only with the PENALTY IN TAIWAN authorities and thus, we do not share August 31, 2011: the European publicly the content of this dialogue." Economic and Trade Office (EETO) in Taipei repeated its call for the Taiwan In March 2010, imprisoned Fatah official government to abolish the death Marwan Barghouti managed to penalty. EETO chief Frederic Laplanche complete his doctorate in political said Taiwan's efforts on the matter so science. The University of Cairo and the far had fallen short of expectations. "It's Arab Academy for Research had not enough at all," he said. "The Taiwan accepted Barghouti in 1999 - three government should take the right path, years before he was arrested by Israel. which means it should to stop death Qaraqi, said that Barghouti’s success penalty executions was due to "personal efforts and study immediately." (FocusTaiwan.tw, in secret" without facilitation from his 31/08/2011) jailers. INDIA: OVER 20 DEATH ROW CONVICTS The Israel Prison Service had earlier AWAIT FINAL WORD ON THEIR MERCY allowed some Palestinian prisoners to PLEAS

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August 31, 2011: as of today there are August 30, 2011: China handed Li Hua, 22 death row convicts waiting for a final former chairman and general manager word from the Indian president on their of the Sichuan branch of China Mobile mercy petitions. One of these petitions Communications Corporation, a death dates back to 2003. The president and sentence suspended for two years for state governors can grant pardons, accepting 16.48 million yuan worth of suspend, remit or commute sentences bribes, Xinhua reported, citing a handed down by courts. From spokesman for the Intermediate November 2009 to today, President People's Court of Panzhihua City. The Patil has decided 13 mercy petitions- report said Li, whose age was not given, rejecting three pleas and commuting had taken money from local companies the death sentence in 10 others. in exchange for offering "interests". (Economic Times, 31/08/2011) (Agence France Presse, 31/08/2011)

INDIA: HIGH COURT STAYS EXECUTION RWANDA TO HOST MEET ON DEATH OF RAJIV GANDHI'S KILLERS PENALTY August 30, 2011: The Madras High Court August 30, 2011: International experts in southern India has stayed the from various countries, including 25 executions of three men convicted of from Africa, will meet in Kigali next plotting the 1991 assassination of month to discuss the elimination of the former Prime Minister Rajiv Gandhi. death penalty. The men - Murugan, Santhan and The two-day conference slated for Perarivalan - were to have been hanged October 13, will launch a major debate at a jail in Tamil Nadu on 9 September on the need to abolish the death but that has now been put back eight penalty on the African continent. weeks. Rwanda abolished the death penalty in India's president rejected a plea for 2008. mercy this month. Lawyers for the men The conference is organised by the say the time taken to decide the plea - government in conjunction with 11 years - was unconstitutional. "HANDS OFF CAIN", an Italian (bbc.co.uk/; global post.com; organisation committed to the fight 30/08/2011) against the application of the death penalty with support from European DEATH FOR CHINA MOBILE MAN Union, African Union and the World Coalition Against the Death Penalty.

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In an exclusive interview with The New treatment shall be prohibited". Times, the Minister of Justice, Tharcisse (allafrica.com, 30/08/2011) Karugarama, noted that some African countries have scrapped the death IRAN: DEATH SENTENCE FOR penalty, adding that it was imperative to SCIENTIST’S KILLER share experiences on how the penalty August 28, 2011: in Iran, Majid Jamali- can be eliminated. Fashi was sentenced to death for "This is a very important conference, murdering scientist Massoud Ali- not only for Rwanda, but for other Mohammadi in January 2010 on behalf countries as well. Rwanda has benefited of Israel to stop Iran developing nuclear from abolishing the death penalty and technology, official news agency IRNA we want to share those benefits with reported. IRNA quoted a judiciary other countries," Karugarama said. spokesman as saying Majid was "It's a joint effort between our convicted of “waging war against God” government and these bodies to create and being “corrupt on Earth.” The a climate for sound and intellectual prosecution said Jamali-Fashi had debate on this issue". traveled to Israel to receive training All AU Member States are parties to the from the Mossad intelligence agency, African Charter on Human and Peoples' and had been paid $120,000 for the Rights, which came into force on assassination. October 21st 1986, and for many in An Iranian opposition website said at Africa, the death penalty is regarded as the time that Ali-Mohammadi was an a violation of Article 5 of the Charter, opposition supporter who had backed especially regarding the prohibition of moderate candidate Mir hossein cruel, inhuman and degrading Mousavi in the disputed June 2009 punishment and treatment. presidential election, suggesting there Article 5 of the charter stipulates: "Every may be other motives for his murder. individual shall have the right to the (Daily Star, 29/08/2011) respect of the dignity inherent in a human being and to the recognition of SUDAN: REBEL LEADER SENTENCED TO his legal status. All forms of exploitation DEATH and degradation of man, particularly August 27, 2011: a Sudanese court slavery, slave trade, torture, cruel, handed a death sentence to a leader of inhuman or degrading punishment and the Justice and Equality Movement (JEM), saying he violated the

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constitution and fomented war against MALAYSIA: APPEAL COURT UPHOLDS the state, Sudan's state news agency DEATH SENTENCE FOR DRUG PEDDLING said. Al-Tom Hamed Tutu was captured August 24, 2011: Datuk Wira Low Bop in Southern Kordofan state, where Bing, Datuk Clement Allan Skinner and fighting broke out in June between the Justice Sangau Gunting of the Malaysian Sudanese army and groups seeking to Court of Appeal affirmed the death wrest control of the region from sentence of Chung Ngee Hong, 39, for Khartoum. trafficking 85.37g of ecstasy pills on According to Sudan news agency SUNA, April 25, 2003. Tutu was also accused of wearing a The High Court sentenced him to death military uniform with an SPLA badge. on February 15, 2008. (Borneo Post, JEM condemned the verdict against 25/08/2011) Tutu, saying he is a military and political leader of a movement that the VIETNAM: MAN SENTENCED TO DEATH Sudanese government recognizes and FOR SETTING FIRE TO FAMILY negotiates with. (Reuters, 27/08/2011) August 23, 2011: the People's Supreme Court in Ho Chi Minh City, Vietnam, SRI LANKA: DEATH SENTENCE FOR sentenced Nguyen Van Hay, 39, to FOUR POLICEMEN death for killing his wife and 14 year old August 25, 2011: former OIC Angulana daughter on September 5, 2010. Police Station Inspector D. Newton, Han was originally sentenced to life in Police Constables G. I. Kumarasiri, Nihal May. He was found guilty of beating his Jayarathna and Reserve PC Janapriya wife unconscious in a jealous rage with Sumanaratna were sentenced to death a log and pouring petrol on all his family by Sri Lankan High Court Justices members and setting them alight. Two Wijesundera, Warawewa and of his children survived the attack. Wickremasinghe. (Monsters & Critics, 24/08/2011) They allegedly abducted and murdered two inmates of the Angulana Police KENYA: THREE SENTENCED TO DEATH station, Dinesh Tharanga Fernando and FOR 2009 MURDER OF IRISH PRIEST Danushka Udayakantha Aponsu. The August 23, 2011: in Kericho, Kenya, four were also sentenced to forty years Chief Magistrate Hedwig Ong'undi rigorous imprisonment and fined sentenced Isaac Kipng'etich Bett, Rs.100,000. (DailyNews.lk, 26/08/2011) Jackson Cheruiyot Koskei and Joshua Maranga Makori to death for the 2009

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murder and robbery of Irish Kiltegan case was transferred back to the High Father Jeremiah Roche, 68, in Keongo. A Court. Wah was also sentenced to death laptop, two mobile phones and other by the High Court on July 24, 2008, for electronic devices valued at more than trafficking 49.19gm of drugs in Taman $3,000 were stolen. (Catholic News, Desa Jaya on the same day, which was 23/08/2011) later upheld by the Federal Court. (The Star Online, 20/08/2011) NIGERIA: SHEMA PARDONS 8 PRISONERS ON DEATH ROW SRI LANKA: FIVE CHINESE SENTENCED August 21, 2011: in Nigeria, Katsina TO DEATH State Governor Ibrahim Shema August 19, 2011: five Chinese nationals commuted the death sentence passed were sentenced to death in Sri Lanka, on eight prisoners to life imprisonment two in absentia, for murdering a fellow in commemoration of Ramadan. Musa Chinese national over a dispute. Dauda, Shehu Idi Magaye, Nura Sabo, Judge Sunil Perera of the Colombo High Samanu Salisu, Shittu Jubrin, Aminu Court found that restaurant owner Sada, Abdulkarim Mohammed and Wang Lee, Su Ting, Young Yang, Gwang Friday Patrick were selected due to Lee, and Lie Hulbo murdered Su Lincoln good behaviour, their length of stay in on or around January 24, 2003, in prison, and the fact that they had not Dehiwela, Colombo. Restaurant owner killed anyone. Some among the convicts Wang Lee said she was innocent. (Daily transferred to Kaduna prison from Mirror, 20/08/2011) Katsina for execution. (Sunnewsonline.com, 21/08/2011) CHINA EXECUTES MAN FOR RUNNING OVER MONGOL HERDER MALAYSIA: MAN TO HANG FOR DRUGS August 18, 2011: according to the August 20, 2011: subcontractor Chong official Xinhua News Agency, China Soon Wah, 38, was re-sentenced to executed truck driver Li Lindong for death by presiding Justice Azhar killing ethnic Mongol herder Mergen on Mohamed of the Malaysian High Court May 10, while he was protesting the for trafficking 103.02gm of heroin and noise and pollution of coal trucks going 51.23gm of monoacetylmorphines in through his village. Ulu Tiram on January 10, 2004. The Li was sentenced to death in June by the prosecution appealed the decision on Intermediate People's Court in the March 3, 2008, to acquit Wah, and the

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region's Xilingol League. (Sources: sentenced. Both men had been drug CBSnews.com, 24/08/2011) dealers. (Tribune242.com, 12/08/2011)

BOTSWANA: FOUR PRISONERS STILL ON DEATH ROW August 14, 2011: four men remain on News from International death row in Botswana, according to NGOs - August 2011 sources within the Botswana Prison

Service. Those still on death row are PRI CONDUCTS TRAINING ON Zibani Thamo, Modise Tlhokamolelo, ABOLITION OF THE DEATH PENALTY IN Mangombe Tadubane and THE MENA REGION Gatlhalosamang Gaboakelwe. Between 16-20 July 2011 PRI MENA Thamo was convicted by the Regional Office in Jordan co-organised a Francistown High Court for the 2007 training workshop for human rights murder of his girlfriend, Sihle Dube. The specialists representing civil societies Francistown High Court convicted promoting the abolition of the death Tlhokamolemo in 2010 for the murder penalty in the MENA Region.The group of six people in Letlhakane in 2008. of fifteen participants working directly Tadubane was sentenced to death in in the field of death penalty abolition 2010 for murdering Tshokolo from seven countries (Morocco, Egypt, Ramokgau. (MMegi.bw, 12/08/2011) Algeria, Yemen, Tunisia, Sudan, Lebanon

and Jordan). BAHAMAS: ANOTHER DEATH SENTENCE The training was conducted as part of OVERTURNED BY PRIVY COUNCIL the New Tactics in Human Rights August 12, 2011: the London-based Programme with financial support from Privy Council overturned the death the Foreign Ministry of the Netherlands. sentence of Bahamas national Earnest The goal of this project is to develop and Lockhart for murdering Caxton Smith, share a regional and international New 23, on June 8, 1999, by shooting him Tactics training materials specialized in with a single bullet after he refused to death penalty abolition and to build the sell drugs for him. capacity of the civil society In a written judgement, the council held organizations advocating for the that his crime was not "the worst of the abolition of the death penalty utilizing worst" and ordered for him to be re- PRI's MENA regional knowledge and the

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international advocacy experience in have introduced a set of instructions for collaboration with new tactical policymakers and practitioners dealing methodology. with this issue in the context of women PRI is currently implementing a Multi prisoners. These act as a basic Regional project on the abolition of the international framework within which to death penalty and alternative sanctions assess, amongst other issues, whether that respect international human rights. the penitentiary system is equipped to The programme of work is being carried comply with dependent children’s out in 19 countries in five regions: the needs when imprisoned with their Middle East and North Africa, Eastern parent. Europe, South Caucasus, South Caucasus, Central Asia and East Africa. Workshop Report PRI SUBMITS COMMENT ON THE RIGHT http://www.penalreform.org/files/ TO REDRESS FOR VICTIMS OF TORTURE New%20Tacticsc%20-%20PDF%20-% PRI submits observations to the 20Workshop%20Report.pdf Committee against Torture on the interpretation of the right to redress (article 14 of the UN Convention against PRI SUBMISSION TO THE CRC DAY OF Torture) in response to the draft GENERAL DISCUSSION ON THE comments of the committees CHILDREN OF IMPRISONED PARENTS interpretation of the right. PRI submits position paper to the The observations detail the right to Committee on the Rights of the Child’s redress in relation to a number of issues Day of General Discussion (30 including compensation; holistic September 2011) on the situation of rehabilitation, complaints and access to children of imprisoned parents. mechanisms for obtaining redress; The paper entitled “Protecting Children obstacles to the right and monitoring in Prison with a Parent – Implement and and reporting instances of torture. Develop the Bangkok Rules” calls on policy makers and practitioners around PRI Comment on Art 14 CAT: http:// the world to urgently address the issue www.penalreform.org/files/PRI% of babies and young children born, living 20Comment%20on%20Art%2014% and/or growing up inside prisons. The 20CAT-GC%2008-11.pdf ‘Bangkok Rules’), adopted by the UN General Assembly in December 2010,

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PRI: DEATH PENALTY ABOLITION AFTER from the Ministry of Internal Affairs to ARAB SPRING the Ministry of Justice, implementing PRI's MENA Regional Director gives recommendations by the UN Committee some thoughts on the prospects for against Torture. death penalty abolition, in light of the “PRI strongly believes that a recent and current upheaval in the area. penitentiary system should be governed Interviewed at the World Coalition by judicial authorities and separate from Against the Death Penalty AGM in agencies involving policing or military Rabat, Taghreed Jaber spoke of her functions,” states Saule Mektepbayeva, fears that the death penalty might be PRI’s Central Asia Director. used as revenge, as well as her hopes “It is worrying that rather than that this was a time when NGOs could modernising its penitentiary system, get involved in raising awareness of the Kazakhstan seems to be moving arguments for abolition. backwards.” See video clip of the interview In most models in the world the penal http://www.worldcoalition.org/The- services are either under the Ministry of Arab-Spring-and-the-death-penalty.html Justice or set up as independent agencies. Where this is not the case yet, the trend is a decoupling the PRI CONCERNED ABOUT penitentiary system from Ministries of RETROGRESSION IN KAZAKHSTAN’S Interior. PRISON SYSTEM The separation of the functions of On 15 September 2011, authority for investigation and prosecution on the Kazakhstan’s penitentiary system will be one hand, and of execution and transferred back from the Ministry of supervision of criminal sanctions on the Justice to the Ministry of the Interior of other hand, has proven to be the far Kazakhstan. superior division of tasks between Penal Reform International has serious government entities. Prison concerns that this transfer of authority management requires skills very distinct will undermine Kazakhstan’s previous from those of policing. Experience reforms aimed at the modernisation across the globe has confirmed that and the demilitarisation of the rehabilitation of offenders, highly penitentiary system. relevant to the prevention of recidivism, In 2002, responsibilities for prisons had has a far higher prospect of success if been transferred the opposite way,

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allocated to judicial authorities rather http://www.penalreform.org/files/EU% then policing authorities. 20statement%20on%20Kazakhstan.pdf Since prisons are under the authority of USA statement on Kazakhstan transfer the Ministry of Justice, Kazakhstan has of prison authority (53KB) seen concrete positive developments, http://www.penalreform.org/files/ including a reduction in the prison USA%20statement%20on% population. Kazakhstan moved from 3rd 20Kazakhstan.pdf place in the ranking of global prison populations in 2001, to 22nd place in 2010; progress was made with regard to BENIN CLOSER TO ABOLISHING THE public control over prisons and in DEATH PENALTY dealing with tuberculosis in prisons. 19 August 2011 “Not only does this retrogressive move Benin has taken an important step put into question Kazakhstan’s towards abolishing the death penalty commitment to penal reform, it has after the country’s National Assembly negative repercussions on other yesterday voted in favour of ratifying an countries in the region which had been international treaty banning capital encouraged by Kazakhstan’s example,” punishment. stresses Saule Mektepbayeva. Benin would be the 74th state PRI calls on the Kazakhstani government worldwide to join the Second Optional to halt the retrogressive transfer of Protocol to the International Covenant authority before it enters into force on on Civil and Political Rights, which calls 15 September, and to expand on the for the death penalty to be abolished. process of modernisation and “The Beninese authorities should be professionalism in the penal system. commended for this important step that would bring their criminal justice system Media coverage for PRI following a in line with the global trend to outlaw press conference on this issue this cruel punishment,” said Véronique http://www.penalreform.org/ Aubert, Amnesty International’s Deputy publications/kazakhstan-media- Director for Africa. coverage “Benin’s President Boni Yayi must act swiftly to finalize Benin’s ratification of EU statement on Kazakhstan transfer of the Optional Protocol and Benin’s prison authority (43KB) example must be followed by neighbouring West African countries

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who have yet to abolish the death electrocution, hanging, lethal injection penalty,” said Véronique Aubert. and shooting. While Benin’s penal code has allowed “The death penalty is the ultimate cruel for the death penalty to be handed and inhumane punishment, and should down for various offences, Beninese never be used by any state under any authorities have not executed anyone circumstances,” said Véronique Aubert. for more than two decades. “Those countries that still execute To Amnesty International’s knowledge, offenders are increasingly isolated as the last executions in Benin took place they battle against the changing tide of in September 1987, when two people global public opinion and legal practice were shot after receiving death on the death penalty.” sentences for ritual murder. The previous year, six people had been executed by shooting after being TUNISIA MEN DETAINED IN RAIDS SET convicted of armed robbery and TO FACE MILITARY TRIALS murder. The last death sentence was 11 August 2011 handed down in 2010 to a woman Four men arrested following clashes sentenced in absentia for murder. with security forces in northern Tunisia At least 14 people are currently on are set to face trial before a Tunis death row in Benin’s prisons. military court. Benin joins other countries in moving The four men – Ayman Gharib, Anis el- towards the abolition of the death Krifi, Walid Boujbali and Haitham el- penalty in Africa. To date, 16 African Mejri –were arrested on 19 July during countries have abolished the death raids in the northern town of Menzel penalty for all crimes, including three – Bourguiba. Three days earlier, a protest Burundi, Togo and Gabon – in the last in the town ended in violent clashes two years. with security forces. Despite these important advances, work The men have been charged with remains to be done to abolish the death creating or leading armed groups, penalty worldwide. inciting violence, and “assault with the In 2010, 23 countries carried out intention of changing the government,” executions and 67 imposed new death offences punishable by the death sentences. Among the methods of penalty under Tunisian law. execution used were beheading, Eight other men believed to be on the run have also been referred to Tunis

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Military Court in the same case in military is involved and for offences connection to the events of 16 July and committed in military areas, as well as will be tried in absentia. offences related to terrorism or that “Civilians should never face trial before threaten the country’s internal or a military court. If these men have external security. committed a recognizable criminal According to one of the lawyers for the offence, the Tunisian authorities must accused men, the charges were ensure they are referred to a civilian fabricated, and there are no witnesses court to be tried in line with to place the four men at the scene of international fair trial standards,” said the demonstration in Menzel Bourguiba. Hassiba Hadj Sahraoui, Deputy Director Two witnesses claim that one of the of Amnesty International’s Middle East accused was inside a mosque and North Africa Programme. throughout the clashes. “If convicted, they must not be Tensions escalated in several Tunisian sentenced to death.” cities and towns in mid-July following “A full, independent investigation must the forcible dispersal of a sit-in at the be carried out to determine the course Kasbah in the capital Tunis on 15 July. of events that led to clashes and Tunisian security forces responded to subsequent arrests.” last month’s renewed demonstrations in The four defendants were among a the central town of Sidi Bouzid by using number arrested following the clashes live ammunition to disperse protesters in Menzel Bourguiba on 16 July, during which led to the death of a 13-year-old which a police station and police car boy. were reportedly set on fire. All of the More than 300 protesters died and others arrested have since been many more were arrested following released. Many of those who were demonstrations that began in Sidi released were said to have traces of Bouzid last December, before spreading beatings and violence. quickly around Tunisia and inspiring The case has been referred to a military protests across the Middle East and court because three security officers North Africa. submitted medical reports claiming they Demonstrations in the Tadamon area of were injured during the 16 July events. Tunis also led to violent clashes Tunisian law allows for civilians to be between protesters and security officers tried by military tribunals for ordinary and several men were also arrested criminal offences when a member of the during house raids. Curfews were put in

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place in Menzel Bourguiba and Sidi the January uprising – the official death Bouzid which have now been lifted. toll is 840. The former President is also The Tunisian government renewed the accused of corruption and abuse of state of emergency on 1 August, despite power. Two of his sons, Alaa Mubarak the Ministry of National Defence earlier and Gamal Mubarak, and businessman stating that order had been restored to Hussein Salem, also face corruption all parts of the country. charges.

Mubarak could face the death penalty if Q&A: ACCOUNTABILITY IN TUNISIA convicted. Many of his victims support AND EGYPT that. What is Amnesty International’s 2 August 2011 position? Eight months after popular uprisings Amnesty International categorically ousted the long-ruling presidents of opposes the death penalty in all cases, Tunisia and Egypt, both former leaders whatever the magnitude of the crime. are being held to account in criminal The death penalty violates the right to trials. Egypt’s former President, Hosni life and is the ultimate cruel, inhuman Mubarak, is due to appear in court on 3 and degrading punishment. A majority August in Cairo to answer charges of states at the UN General Assembly ranging from murder, arising from have repeatedly called for a worldwide police shootings of anti-government moratorium on executions, which demonstrators, to corruption and Amnesty International supports in profiteering. Meanwhile, a court in addition to universal abolition of the Tunis has tried and convicted former death penalty. Tunisian President Zine El Abidine Ben Ali of corruption and other offences – Can someone be tried if they are in poor he was prosecuted in absentia after health? fleeing to Saudi Arabia. If there are concerns about a defendant’s health, in the interests of What are the charges against Mubarak? justice it is essential to carry out an Mubarak and his former Interior independent and impartial medical Minister, Habib El Adly, are charged assessment. This should determine with responsibility for the murder and whether the defendant is mentally and attempted murder of hundreds of physically capable of standing trial and, people shot by security forces during crucially, whether they can participate

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in their own defence. A trial should be Anyone who may reasonably be abandoned or postponed only if the suspected of committing crimes under defendant is judged incapable of international law, such as torture, participating. enforced disappearances and unlawful killings, should generally stand trial in There have been contradictory reports the country where the alleged crimes about former President Mubarak’s were committed. In the case of former health; if deemed necessary, the President Ben Ali, it would be preferable Egyptian authorities must set up an if he were to be returned to Tunisia and independent commission of medical prosecuted there, so long as he can experts to assess his mental and receive a fair trial without facing the physical fitness to stand trial. This is death penalty. However, under the especially important given a wide public concept of international jurisdiction, any distrust of government institutions in state may legally try suspects for such Egypt and victims’ families concern that crimes, regardless of where they were questions about the former President’s committed. Moreover, every state has a health could be used inappropriately to responsibility to investigate such crimes, prevent or delay the trial. prosecute them if there is sufficient evidence and offer assistance, including Was Ben Ali’s trial in absentia in Tunisia through the extradition of suspects. fair? No. It was unfair because he was denied How have victims of abuses been the right to be present. His lawyers had treated since the fall of Mubarak and requested a postponement to allow Ben Ali? time to prepare an adequate defence. Families of demonstrators killed earlier The current Tunisian government must this year have been able to file follow due process and fair trial complaints in both Egypt and Tunisia. standards, otherwise it risks replicating Trials have begun for some of the the unfair justice system that was a officials allegedly responsible for the hallmark of Tunisia under Ben Ali. killings. However, in Egypt, limited access to the court rooms has meant The charges against Ben Ali so far have that many victims’ families have not not related to major human rights been allowed in, leading them to feel violations. Could he be tried for more that their complaints were not being serious crimes under international law? heard. This was exacerbated by the

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authorities’ failure to remove or suspend accused security officials from their posts until recently. Delays and ASIA STILL TOP EXECUTIONER BUT lack of progress in these trials have MORE DIVIDED THAN EVER: HANDS prompted demonstrators to return to OFF CAIN REPORTS the streets in both Egypt and Tunisia. Article by Aurélie Plaçais published on August 11 Should these former heads of state also Hands Off Cain 2011 Report contains be tried for older human rights the most important facts regarding the violations? practice of the death penalty in 2010 In the context of the trials under way, and the first six months of 2011. suspects can only be tried for recent ”Asia is responsible for 98.4% of the crimes, but they must also be held executions worldwide, with the 3 main criminally responsible for those executioner countries being China, Iran committed during their past years in and Nord Korea, all illiberal countries power. Amnesty International regrets where official information about the use that while investigating Commissions of the death penalty is shrouded in have been set up in both Egypt and secrecy. This explains how the abolition Tunisia, their mandates have been of the death penalty is linked to the limited to violations committed during battle for democracy and rule of law” the popular uprisings. In both countries, said Elisabetta Zamparutti, who the authorities have so far failed to take supervised the publication of the report. concrete steps to address the crimes of the past. The charges currently facing Top 3 executioners: China, Iran and former President Mubarak do not cover North Korea the decades when security forces under his control committed numerous serious Relying on the number of death penalty human rights violations and cases reviewed by the Supreme People’s documented crimes with impunity. Court (SPC), Hands Off Cain estimates Similarly, the charges that have been that about 5,000 executions took place brought against former Tunisian in China in 2010, representing 85.6%, of President Ben Ali to date have largely the world total of executions. In 2007, a ignored the systematic and widespread legal reform required that every capital human rights abuses that sparked the sentence be reviewed by the SPC. In public demonstrations in the first place. 2010 only, it dealt with 12,086 cases of

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various types. Although China still Despite those worrying figures, positive executes thousands of people, it also steps were taken by several Asian reduced the scope of the death penalty: countries. During the period of the “on February 25, 2011, China dropped report, the government of Thailand has the death penalty for 13 non-violent declared its intention to abolish the crimes and banned capital punishment death penalty, as announced in the for offenders over the age of 75 in a human rights plan for the years 2009- move seen as symbolic but unlikely to 2013. significantly reduce executions.” In January 2010, Mongolia’s President Referring to Iran Human Rights’ report, announced a moratorium on the death Hands Off Cain confirms that Iran put at penalty and a law came into effect in least 546 people to death. It also Vietnam eliminating the death penalty stresses that in violation of international for eight crimes standards, Iran conducted public In Tajikistan, a Working Group on the executions and “Iran was the only Abolition of the Death Penalty was known country to carry out the death established in April 2010. penalty in cases involving those who Indonesia has not executed anyone were minors at the time of their since 2008 and Hands off Cain explains crimes”, at least 2 in 2010 and 3 in 2011. that “there has been a discernible shift Consistent with Amnesty International in attitude. Perhaps the best figures for 2010, Hands Off Cain reports explanation for the new reluctance to that at least 60 executions took place in carry out executions lies with a seminal North Korea. Worried about increasing ruling by the Constitutional Court in public executions, the report states that 2008, saying capital punishment should “in a bid to tighten controls amid the be used sparingly and those on death designation of North Korean leader’s row should be given the chance to son Kim Jong-un as his father’s heir, Kim rehabilitate.” Jong-un has called for “gunshots across In 2010, for the sixth year in a row, India the country.” Kim Jong-il did exactly the has not carried out a death sentence. same thing when he took power. “ On February 10, 2010, the Supreme Court held that long incarceration and Significant political and legislative steps socio-economic factors leading to crime towards abolition in the region are relevant and mitigating considerations for commuting a death sentence to life imprisonment. In 2010,

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13 commutations were decided by numerous foreign embassies. During the Indian president Pratibha Devisingh Patil conference, Foreign Minister Frattini and Harm Reduction International said: "Regarding Mubarak, Egypt must reported that in 2011 Bombay High show courage in avoiding the Court struck down the mandatory death temptation for revenge" with the death penalty for drug offences. penalty. "I felt sadness seeing the image More recently, in May 2011, Myanmar’s of Mubarak in a stretcher at the trial. new President commuted all death Above all I thought that only one year sentences to life imprisonment. ago the ex leader was known around The 2011 Report on the death penalty the world as a champion in the fight worldwide was presented at the against terrorism.". Frattini invited headquarters of Hands Off Cain in Rome Egypt to follow the example of Norway, on August 4, 2011 with the presence of where the extremists were isolated. Italian Foreign Minister Franco Frattini "The state's answer cannot be revenge and Education Minister and Transitional and Egypt should avoid handing the Tunisian Government spokesperson death penalty to someone who Taïeb Baccouche. practised it when he was in power." Emma Bonino also hoped Mubarak HANDS OFF CAIN PRESENTS 2011 received "a justice that is fair as well as REPORT ON THE DEATH PENALTY humane." HOC President Marco WORLDWIDE Pannella said that even if "we are August 4, 2011: The 2011 Report on the winning the battle regarding the death death penalty worldwide, supervised penalty, we must push forward." again this year by Elisabetta Zamparutti, Messages from President Napoletano, was presented at the headquarters of the presidents of the Chamber and Hands Off Cain. Foreign Minister Franco Senate Gianfranco Fini and Renato Frattini, Education Minister and Schifani, and from the vice president of Transitional Tunisian Government the Council, Gianni Letta, were then spokesperson Taïeb Baccouche, Senate read. The abolition of the death penalty Vice President Emma Bonino, HOC is an objective of 'immense ethical and President Marco Pannella, HOC civic legal value'. Norway is an example Secretary Sergio D’Elia, and Elisabetta to all of 'composure and adherence to Zamparutti all participated at the democratic freedom', 'wounded by a conference. Also present were blind and pointless violence', Napolitano ambassadors and representatives of wrote in a message sent to Hands Off

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Cain. 'Civil freedom, the rule of law and practice around the world in recent democratic institutions better defend years. against violent aggression when the There are currently 155 countries and answer is to 'teach legal civility and territories that, to different extents, respect for human rights', the President have decided to renounce the death continued. The presidents of the penalty. Of these: 97 are totally Chamber and Senate and the vice abolitionist; 8 are abolitionist for president of the Council Gianni Letta ordinary crimes; 6 have a moratorium also acknowledged the significant work on executions in place and 44 are de by Hands Off Cain, and emphasised how facto abolitionist (i.e. countries that stopping the death penalty is an have not carried out any executions for 'absolute imperative'. The protection of at least 10 years or countries which the individual is a 'categoric and have binding obligations not to use the absolute imperative', Schifani wrote. death penalty). Fini said it is a 'battle for civility', but Countries retaining the death penalty there is still a lot of work to do. Gianni worldwide are down to 42, compared to Letta explained that the world is still the 45 retentionist in 2009, 48 in 2008, 'horribly stained by capital punishment', 49 in 2007, 51 in 2006 and 54 in 2005. but 'in this tragic reality' there are 'also In 2010, at least 22 Countries carried signals that indicate an 'evolution out executions, compared to 19 in 2009 towards a greater respect for human and 26 in 2008. rights', for example what happened in In 2010, there were at least 5,837 the Arab Spring. executions, compared to at least 5,741 in 2009 and at least 5,735 in 2008. The HANDS OFF CAIN: POSITIVE increase of executions relative to EVOLUTION TOWARDS THE ABOLITION preceding years is a result of the OF THE DEATH PENALTY incredible escalation of executions in August 4, 2011: The Hands Off Cain Iran which went from at least 402 in 2011 Report, presented today, contains 2009 to no less than 546 in 2010. the most important facts regarding the In 2010 and in the first six months of practice of the death penalty in 2010 2011, there were no executions in 3 and the first six months of 2011. It countries where executions were confirms the positive evolution towards carried out in 2009: Oman, Singapore the abolition of the death penalty in and Thailand.

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On the other hand, 8 countries resumed were 4) – Libya (at least 18), Somalia (at executions: Bahrain (1), Belarus (2), least 8), Sudan (at least 8), Egypt (4), Equatorial Guinea (4), Palestinian Equatorial Guinea (4) and Botswana (1) National Authority (5), Somalia (at least – where there were at least 43 8) and Taiwan (4) in 2010; Afghanistan executions. In 2009 there were at least (2) and United Arab Emirates (1) in 19 executions as in 2008 and compared 2011. to 26 in 2007 and 87 in 2006 on the In the United States, no “abolitionist” entire continent. State reintroduced the death penalty, In Europe, the only blemish on an but two States which had not carried otherwise completely death penalty- out executions for a substantial period free zone continues to be Belarus, both performed an execution, In June where two men were put to death for 2010, Utah carried out its first execution homicide in 2010 while another two since 1999 (by firing squad, a method men were executed on July 21, 2011. which had not been used in the U.S.A. Since 1996) and in September of 2010, MUBARAK: D’ELIA (HANDS OFF CAIN)- in the United States, the State of MUBARAK TREATMENT TEST OF THE Washington carried out its first NEW EGYPT execution since 2001. August 3, 2011: Regarding Mubarak's Once again, Asia tops the standings as Trial, Hands Off Cain secretary Sergio the region where the vast majority of D’Elia said: “After the fall of the Arab executions are carried out. Taking the dictators that have been in power for estimated number of executions in decades, the legitimate request for China to be about 5,000 (more or less justice for those responsible for the old equal to the number in 2009 but regimes cannot be translated into acts diminished in respect to preceding against humanity. An example of this is years), the total for 2010 corresponds to making a person face trial when they a minimum of 5,746 executions (98.4%), are clearly not in any condition to do so. an increase in respect to the minimum The treatment of Hosni Mubarak is a of 5,670 in 2009. test of the new Egypt. If the interim In the Americas, the United States of Egyptian government isn't able to America was the only country to carry guarantee Mubarak the fundamental out executions (46) in 2010. personal rights that he himself denied In Africa, in 2010, the death penalty was his subjects, it is difficult to foresee carried out in 6 countries (in 2009 there reforms in the humanitarian and

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democratic sense. Ending the trial of the old and sick dictator with the death penalty (a penalty that he himself wanted to extend to up to 40 crimes during his thirty years of uninterrupted power) would continue the adherence to systems and practices of the past.”

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