Crime and Justice Death Penalty and the Right to Life

October 2011 Inter Press Service Pagina 1 di 2 October 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.

TAIWAN: Wrong Execution May Not End the Death Penalty By Dennis Engbarth TAIPEI, Sep 30, 2011 (IPS) - A Taiwan military tribunal has confirmed that the late Air Force private Chiang Kuo-ching had been wrongfully executed in August 1997 for the rape and murder of a five-year-old girl. But campaigners against the death penalty doubt that this will restore the moratorium on capital punishment the Taiwan government broke in April last year. MORE >>

RIGHTS-U.S.: Outrage Persists over Davis's Execution By Matthew Cardinale ATLANTA, Sep 28, 2011 (IPS) - During the last days of Troy Davis's life, activists intensified what was already significant pressure on both U.S. President Barack Obama and the U.S. Department of Justice (USDOJ), a federal agency under Obama's purview, to save Davis, but Obama declined to act. MORE >>

DEATH PENALTY: On Popular Demand By Sanjay Suri LONDON, Sep 27, 2011 (IPS) - The image endures of the death penalty in force across the Arab world because it is considered somehow Islamic, and because most regimes are undeniably autocratic. But campaigners on the ground say the death penalty might just be in place because the people want it. Which would make it in essence a democratic institution. MORE >>

U.S.: Global Protests and Arrests as Troy Davis Is Executed By Matthew Cardinale ATLANTA, Georgia, Sep 22, 2011 (IPS) - The U.S. state of Georgia executed Troy Davis at 11:08 p.m. on Wednesday, Sep. 21, despite serious doubts about his guilt that inspired mass protests in Georgia, across the United States, and indeed, around the world. MORE >>

DEATH PENALTY: Not in the Name of the Quran By Sanjay Suri LONDON, Sep 21, 2011 (IPS) - Islamic regimes look for provisions and precedents to carry out the death sentence in the name of Islam. But, says Dr. Mohammad Al-Habash, director of the Islamic Studies Centre in Damascus, they are not looking enough at 13 provisions within the Quran to commute the death sentence to a lesser punishment. MORE >>

Foreign Drug Offenders More Likely to Face Death By Matthew Cardinale ATLANTA, Georgia, U.S., Sep 16, 2011 (IPS) - In many of the countries that permit execution for drug offences, the majority or even all of those on death row are foreigners, according to a new report by Harm Reduction International (HRI). MORE >>

Q&A: "Filling Another Coffin Will Not Bring Our Loved Ones Back" Kanya D'Almeida interviews RENNY CUSHING, founder of Murder Victims' Families for Human Rights (MVFHR) WASHINGTON, Sep 13, 2011 (IPS) - With the death penalty still a fixture in the criminal justice apparatus of many U.S. states, the voices of murder victims' families who oppose capital http://www.ipsnews.net/deathpenaltyabolition/oct2011.asp 11/10/2011 Inter Press Service Pagina 2 di 2

punishment are bringing a deeply personal perspective to the debate. MORE >>

U.S.: Execution Date Set in Controversial Davis Case By Matthew Cardinale ATLANTA, Georgia, Sep 9, 2011 (IPS) - Troy Davis, the Georgia man whose death row case has drawn international attention, has again been scheduled for execution for Sep. 21, but advocates hope to convince the Georgia Board of Pardons and Paroles to grant last-minute clemency. MORE >>

Study Reveals Racially Biased Death Sentencing in U.S. Military By Kanya D'Almeida WASHINGTON, Sep 1, 2011 (IPS) - A forthcoming study obtained by IPS reveals new information on significant racial bias in military death sentencing, adding fuel to the growing momentum led by rights groups against the death penalty in the United States. MORE >>

WORLD PRESS REVIEW: NORTH KOREA REDUCES CRIME LIST FOR DEATH PENALTY - BAHRAIN: DEATH SENTENCE FOR PROTESTER- CALIFORNIA (USA): LESS VOTER SUPPORT FOR DEATH PENALTY - SAUDI ARABIA: PARDON SAVES KILLER FROM GALLOWS - IRAN: ONE PRISONER HANGED IN QOM - MALAYSIA: TRIO TO HANG FOR DRUGS - OHIO (USA): GOV. KASICH COMMUTES DEATH SENTENCE - IRAN: ACID THROWER TO BE BLINDED - PRESIDENT OBAMA TRIED TO SAVE TROY DAVIS FROM EXECUTION - IRAN: UN EXPERTS CONDEMN PUBLIC EXECUTION OF JUVENILE - CHINA: TWO SENTENCED TO DEATH - USA: HANDS OFF CAIN- THE USA AND ROGUE NATIONS USE THE DEATH PENALTY - ALABAMA (USA): DERRICK O'NEAL MASON EXECUTED - CHINA: PRISONS ALLOW DEATH ROW INMATES TO MEET RELATIVES - GEORGIA(USA) TROY DAVIS EXECUTED - IRAN: TWO HANGED FOR DRUG TRAFFICKING, MURDER - SOMALIA: JUDGE KILLER EXECUTED BY FIRING SQUAD IN PUNTLAND - VIETNAM TO USE LETHAL INJECTIONS FROM NOVEMBER - SAUDI ARABIA EXECUTES MAN CONVICTED OF ‘SORCERY’ - SRI LANKA: 357 PRISONERS ON DEATH ROW - IRAN: 22 PRISONERS HANGED - SAUDI ARABIA: PRISONER DIES DAY BEFORE EXECUTION - EGYPT: ASHTON, EU WORKS FOR THE ABOLITION OF DEATH PENALTY - INDIA: EXISTENCE OF DEATH PENALTY WARRANTS IMPOSITION IN SOME CASES – SC - HARM REDUCTION INTERNATIONAL: ‘THE DEATH PENALTY FOR DRUG OFFENCES’ 2011 REPORT - JAPAN: JUSTICE MINISTER HIRAOKA CALLS FOR NATIONAL DEBATE ON DEATH PENALTY - CHINA: 4 UIGHUR MEN SENTENCED TO DEATH OVER ATTACKS - UNITED ARAB EMIRATES: INDIANS ON SHARJAH DEATH ROW TO WALK FREE - BANGLADESH: 6 TO DIE FOR KILLING AL LEADER - IRAQI BILL TO FORCE PRESIDENT TO SIGN DEATH SENTENCES - INDIA: COURT AWARDS DEATH TO FIVE MEMBERS OF FAMILY - BANGLADESH: MAN HANGED FOR KILLING WOMAN, SON - SAUDI ARABIA TRIPLES BLOOD MONEY - BAHAMAS: DEATH SENTENCES TOSSED - THAILAND: MALAYSIAN TRIO TO HANG FOR DRUG TRAFFICKING - CHINESE EXECUTED FOR ATTACKING FEMALE STUDENTS - UGANDA: SOLDIER TO HANG FOR MURDER - JAPAN: NEW JUSTICE MINISTER WON'T OK EXECUTIONS IN NEAR FUTURE -

News from International NGOs: PRI STATEMENT ON WORLD DAY AGAINST THE DEATH PENALTY - PRI SUBMISSION TO THE CRC DAY OF GENERAL DISCUSSION ON THE CHILDREN OF IMPRISONED PARENTS - PRI SUBMITS POSITION PAPER TO THE COMMITTEE ON THE RIGHTS OF THE CHILD’S DAY OF GENERAL DISCUSSION - PRI SUBMITS COMMENT ON THE RIGHT TO REDRESS FOR VICTIMS OF TORTURE - DEATH PENALTY LOSES POPULARITY WORLDWIDE - PRI HOSTED ROUND TABLE ON IMPROVEMENT OF MECHANISMS TO INVESTIGATE CASES OF TORTURE IN THE REPUBLIC OF KAZAKHSTAN - SHARING BEST PRACTICES ON RATIFYING THE UN TREATY TO ABOLISH THE DEATH PENALTY - IRAN EXECUTES TEENAGER ACCUSED OF KILLING “IRAN’S STRONGEST MAN” - RELEASE OF US HIKERS IN IRAN A "LONG OVERDUE" STEP -

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/oct2011.asp 11/10/2011 Crime and Justice — Death Penalty and the Right to Life

COLUMN would constitute a significant advance for the system of human rights.

MIDDLE EAST: FAREWELL TO Since the vote, it has had concrete DICTATORSHIPS AND THE effects in many countries, as DEATH PENALTY documented in the latest report by Hands off Cain. By Emma Bonino*

The legal abolition of the death penalty ROME, Sep (IPS) The approval by the UN in recent years in many states of the US General Assembly in December 2007 of -which saw a drop in executions from 52 the Resolution for a Universal in 2009 to 46 in 2010-, the reduction Moratorium against Capital Punishment that is apparently occurring in China, was a fundamental step forward not the reduction in the number of capital only for the anti-death penalty offenses in China and Vietnam, and the campaign but also for the affirmation of thousands of death sentences the rule of law and of those natural commuted in Pakistan, Kenya, Ethiopia, rights historically won and often written and Burma are not insignificant into national law but not always developments. While they cannot be respected. seen as prelude to the immediate

abolition of the death penalty, they are After the vote the usual practitioners of a clear indication that the world is realpolitik tried to diminish its import, moving in the direction urged by the saying if would serve no purpose. It is United Nations. true that the UN cannot force any

member country to abolish the death Also significant is the abolition of the penalty, but the moral force and sanction in recent years in Africa and political message sent by the resolution particularly countries like Rwanda and are undeniable. For the first time ever, Burundi, symbols of a continent that has the United Nations established that been battred more than any other in capital punishment is a matter of recent history by human tragedy: individual rights and not simply an genocide, mutilation, mass rape, internal question for national judicial summary executions, and deportation. systems. It also sent the message that

the elimination of capital punishment

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The arrest warrant issued in 2009 by the of 92 political prisoners and commute International Criminal Court for the death sentences of five others and Sudanese president Omar Al Bashir for to transform the absolute monarchy the massacres in Darfur was a judiciary into a constitutional monarchy. In prelude to the political development Jordan, the death penalty has not been that would soon occur in many Arab implemented since 2006, which countries and others: the end of the suggests that the monarchy is headed myth of the invincibility of dictators who towards abolition. In Lebanon a de facto had ruled for decades. moratorium has been in place since 2004. Djibouti constitutionally abolished In January after 23 years of dictatorial its death penalty rule, Ben Ali left Tunisia and the interim national unity government announced Last December, these and other Arab the ratification of the most important countries, including Bahrain, the Arab international treaties, including the Emirates, Mauritania, and Oman, which Rome Statute establishing the all abstained from the first vote, did not International Criminal Court and the oppose the new resolution on abolition abolition of the death penalty. that was approved by the UN. Algeria not only voted for it but was one of the In Egypt, Hosni Mubarak risks falling co-sponsors. victim to the death penalty that he himself, during his three decades of To uproot once and for all this aberrant uninterrupted rule, extended to forty and contradictory principle that life crimes. Ali Abdalla Saleh in Yemen and must be defended by inflicting death, Bashar al- Assad in Syria are still the countries that supported the UN resisting but at the price of a war they moratorium must insure that it is have chosen to launch against their own respected in all circumstances. peoples. But it isn't all good news: the Hands Off Muammar Ghaddafi received an arrest Cain report shows that Iran, which has warrant for crimes against humanity consistently finished among the world's issued by the International Criminal top executioners, kicked off the new Court. In Morocco after the huge anti- year with an orgy of executions. In establishment protests in February, King North Korea public executions tripled in Mohammed decided grant the release recent years. In Iraq, even under the

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"democratic" government of Nouri al- Maliki, the pace of executions has PROJECT ARTICLES continued uninterrupted.

TAIWAN: Wrong Execution In China as in Iran, and North Korea as in Iraq, it will be the "parallel democracy" May Not End the Death by the Radical Party that will have to Penalty compensate for the lack of an official By Dennis Engbarth presence on the part of the so-called

liberal, civil, abolitionist world. In fact it TAIPEI, Sep 30, 2011 (IPS) - A Taiwan was Radical Party leader Marco Pannella military tribunal has confirmed that the who, after the announcement that late Air Force private Chiang Kuo-ching former Iraqi foreign minister Tariq Aziz had been wrongfully executed in August was condemned to death, staged a 1997 for the rape and murder of a five- hunger strike to obtain "a moratorium year-old girl. But campaigners against against capital punishment for Tariq Aziz the death penalty doubt that this will as well", partly to break the tragic restore the moratorium on capital continuity with the sanction's vogue punishment the Taiwan government under Saddam Hussein but also to broke in April last year. preserve a key witness for the

reconstruction of the historical record Nine inmates have been executed by and the responsibility of the regime up shooting since President Ma Ying-jeou’s until the war -a war that, it is now clear right-wing Chinese Nationalist Party and amply documented, was set in (Kuomintang or KMT) government motion by Bush and Blair precisely to ended the nearly five-year tacit prevent peace and the realisation of our moratorium on executions that began in plan of bringing about a free Iraq 2005 under the previous centrist through the exile of Saddam Hussein Democratic Progressive Party and the installation of a fiduciary UN government (DPP). administration. (END/COPYRIGHT IPS)

Speaking to the legislative judicial *Emma Bonino, Vice president of the committee Sep. 28, Justice Minister Italian Senate, is a leader of the Radical Tseng Yung-fu denied media reports Party. that up to 10 of the 51 convicts whose

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death sentences have been confirmed Commander and later defence minister will be executed shortly after this year’s Chen Chao-min had "used improper National Day celebrations Oct. 10. He methods to obtain a confession from said "there is no timetable for the the defendant and used the confession executions" and that "at present there is to bolster weak forensic and physical no concrete plan or list of convicts." evidence."

But the justice minister also said that A decade long campaign by his father, the ministry "will not give advance Chiang Chih-an and mother Wang Tsai- notice publicly but will only officially lien had led to a call by the Control make a public announcement after the Yuan, Taiwan’s watchdog branch of sentences have been executed." This government, to open the case in May was despite objections by human rights 2010. groups that this policy blocks families from a last meeting. Compensation, which could amount to nearly NT100 million dollars (3.2 million After a three-month retrial, Ministry of U.S. dollars), is being considered by the National Defence northern district government. But Wang told reporters military court judge Liu Yu-wei that "if Chen Chao-min is let off and announced on Sep. 13 that a panel of judged innocent, then any reparations three military judges had found that would be meaningless." Chiang Kuo-ching, who was 23 at the time of his execution was "not guilty" of Executive director of the Taiwan the rape and murder of a five-year-old Alliance to End the Death Penalty Lin girl at an Air Force headquarters Hsin-yi told IPS that "this is the first case complex in Taipei city in September in the history of the Taiwan judicial 1996. system in which a person was sentenced to death and executed and later proven The court stated that Chiang had been to have been innocent. "locked in" as the prime suspect after failing to pass a lie detector test "We believe there are many other administered by Investigation Bureau similar cases which should be agents, and acknowledged that Air overturned," said Lin, who added that Force counter-intelligence agents acting Chiang was "relatively fortunate" under the orders of then Air Force because "at least his reputation has

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been cleared and the persons prosecutor have not approved any responsible for this injustice have been applications for special appeals "as they identified." seem to see the special appeals as only a delaying tactic." The innocent verdict for Chiang Kuo- ching followed on the heels of two As a result, Taiwan "also does not have other reversals in June and August of a complete process for the petition for life sentences in a murder case and a pardons or commutation of capital multiple rape case, in which the punishment as required by Article 14 of defendants were confirmed to have the International Covenant on Civil and been wrongfully convicted based on Political Rights," said the TAEDP "confessions" or eyewitness testimony director. despite inadequate or incorrect evidence. TAEDP and other human rights groups have called for a moratorium and for Taiwan Human Rights Association changes in the criminal code to require secretary-general Tsai Chi-hsun told IPS a unanimous decision by a panel of that several of the 51 inmates awaiting three judges for death sentences, and to execution were convicted based mainly require the Supreme Court to hear oral on confessions, which the defendants arguments for death penalty cases maintain were the result of torture in instead of only reviewing written briefs, interrogations, without convincing among other measures. physical evidence. As part of a drive to bring Taiwan’s legal The TAEDP’s Lin says the Chiang Kuo- code in line with the two international ching case should open the door to covenants by Dec. 10, Justice Ministry recognition that the judicial system has first counsellor Peng Kun-yeh told IPS grave problems. She says the only route that two bills now awaiting legislative for convicts whose death sentences passage would drop the current have been certified by the Supreme mandatory death sentence for Court is that of special appeal. kidnapping unless the victim was murdered, and for causing serious harm "But in Taiwan this path is virtually to other persons in the process of closed shut," said Lin. The current smuggling unless a death was caused. justice minister and supreme public

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"These changes are in line with the intensified what was already significant principle that death sentence should be pressure on both U.S. President Barack reserved only for the most serious Obama and the U.S. Department of crimes," said Peng, who added he was Justice (USDOJ), a federal agency under optimistic that both sets of revisions Obama's purview, to save Davis, but would be approved by the legislature. Obama declined to act.

But TAEDP’s Lin says Taiwan’s current On Sep. 21, the state of Georgia practices still fall short of the executed Davis, who was convicted of requirements listed in Article 14 of the killing police officer Mark MacPhail in International Covenant on Civil and 1989. Yet following his conviction, seven Political Rights for fair and complete of nine witnesses against him recanted defence against criminal charges, their testimony, two witnesses including a complete appeal process implicated another person as the killer including the right to apply for special and two of the original jurors who found appeals or pardons or commutations of Davis guilty came forward to oppose the capital punishment. execution.

"We should close our eyes and imagine No forensic evidence presented at trial how you would feel if you were like indicated that Davis was the shooter. Chiang Kuo-ching and faced imminent execution for a crime you know you did The National Association for the not commit, or if you were his parents," Advancement of Coloured People said opposition Democratic Progressive (NAACP) lobbied the USDOJ to open a Party Legislator (Ms) Tien Chiu-chin. civil rights investigation. (END) "We did have communication with the Justice Department to see if there was RIGHTS-U.S.: Outrage Persists some avenue to get involved, but proper procedure had been adhered to over Davis's Execution throughout [Davis's appeals process]," By Matthew Cardinale Hilary Shelton, senior vice president for

advocacy and policy, told IPS. ATLANTA, Sep 28, 2011 (IPS) - During the last days of Troy Davis's life, activists "If he didn't speak English, that would

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be one thing. If you could argue that he Department turned their backs and had poor representation, that's a consciously let Mr. Davis be murdered," broader concept to pursue," she said. the coalition wrote. It also criticised Obama's political strategy before the Shelton said that the NAACP had held next election cycle as one seeking "to several conversations with the Justice endlessly placate rather than confront Department to find a way for the the political base of the Republican government to intervene in the case. Party". After much research, they were convinced that "the only place to stay "He knows Troy Davis'(s) execution was the execution was with the pardon and a racist murder," ANSWER wrote. "But parole board, or a motion that could've he and his advisors didn't want to spend been offered by the prosecuting one penny of political capital." attorney's office", she said. Obama defended his inaction, first Other organisations urged their through his spokesperson on Sep. 21, members to contact the Obama and then on Sep. 23 in a meeting with a administration directly. small group of black journalists.

The morning of Davis's scheduled "Dating back to his time in the Illinois execution, the Act Now to Stop War and state senate, President Obama has End Racism (ANSWER) Coalition issued worked to ensure accuracy and fairness an urgent appeal. in the criminal justice system – especially in capital punishment cases," In response, "people sent more than White House Press Secretary Jay Carney 13,000 letters in the first seven hours to said on Sep. 21, just hours before the the Obama administration demanding state of Georgia executed Davis. that it initiate a federal civil rights investigation into the Troy Davis case "It is not appropriate for the president and seek a stay of his execution," of the United States to weigh in on ANSWER said in an email the morning specific cases like this one, which is a after the execution. state prosecution," Carney added.

"But President Obama and the According to the Redding News Review [Attorney General Eric] Holder Justice (RNR), two black journalists who

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attended the Sep. 23 meeting said given access to interpreters, which is Obama addressed the Davis issue. His part of the law," Redding said. administration had made phone calls to the state of Georgia to look into the The fact that it was international in situation over a three-day period, they scope also made the Garcia case said. different.

Still, the Obama administration has But Redding argued that Davis's case denied stating that they became was an international issue as well. "The involved in the matter in any way. world was watching the White House, the first black president; they were "The black community has been waiting to see whether he would stand forsaken by this post-racial president up." and I feel... Troy Davis is innocent," Rob Redding, publisher of RNR and "He could've said, 'We're watching syndicated radio show host, told IPS. what's going on in Georgia. We're concerned. I've offered the U.S. Redding pointed to the case of Department of Justice to the state of Humberto Leal Garcia, Jr., an illegal Georgia as a resource.' He could've immigrant for whom the Obama shown that he gave a damn about the administration sought a stay of death penalty in his own country," execution from the state of Texas, as an Redding said. example of what he said was Obama's hypocrisy. "Obama had ample legal basis to intervene," Sarah Sloan, national staff Redding believed that defending coordinator for the ANSWER Coalition, Obama's refusal to act on the Davis case told IPS. "It's not infrequently that the on the grounds of interfering with states Justice Department opens inquiries into was hypocritical, as Obama made a civil rights violations carried out in local request to the state of Texas - albeit to cases, local police departments." no avail - in the July 2011 Garcia case. "If President Obama had instructed the "With this case in Texas, what the Justice Department to open an president said and the Justice investigation, it would have led to a Department said, he [Garcia] wasn't delay of the execution," Sloan said.

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"There was discussion around, 'Could he across the Arab world because it is intervene?' He couldn't grant clemency. considered somehow Islamic, and But this was a clear step he could've because most regimes are undeniably done." autocratic. But campaigners on the ground say the death penalty might just Sloan pointed out that the case involved be in place because the people want it. civil rights violations, including the fact Which would make it in essence a that witnesses admitted police had democratic institution. pressured or coerced them into giving false testimony and other components "If you look closer, it’s a tribal issue," such as "when there's a frame-up like says Tanya Awad Ghorra from the that, when there is police abuse, Academic University for Nonviolence prosecutorial abuse, against someone and Human Rights in the Arab World who is a poor, African American man". (AUNOHR) based in Beirut. "Because our world is tribal. We still have tribes, the But Shelton said the NAACP pursued all traditions, the revenge…it’s in the those angles with the UDSOJ. mentality. So that’s why they try to stick it to the Quran but if you look closely it’s "All those issues were considered as a way of reducing direct revenge well. We wanted to stop this. All these between tribes." angles and approaches were pursued. Those are great hypotheses that we The regimes in these countries are in pursued. Unfortunately we were not that case only listening to the voices of able to establish a standard necessary their people. "Yes, we live in a region to be able to call for an investigation." where revenge is a natural thing, (END) extreme revenge is still in the culture, so even though there have been many campaigns in Arab countries, none have DEATH PENALTY: On Popular signed the (2007) U.N. moratorium because they have an issue with their Demand population. Because in public opinion By Sanjay Suri revenge is a legitimate thing to ask."

LONDON, Sep 27, 2011 (IPS) - The image "Ask people," Ghorra told IPS in an endures of the death penalty in force interview at a conference called in

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London by Penal Reform International minister refused to sign the execution (PRI) last week. "To them it’s natural. papers of one convict. He called it the Yes, it’s a demand." To someone whose refusal of conscience. Since then family member has been killed, "it’s my Lebanon has been following an oral right, it’s my tribal right, it’s my culture, moratorium. it’s my background, it’s my history to get revenge. I don’t get it, you want the But this, she warns, "is very fragile government to get it for me, I’m fine because it’s oral, not written, the draft with that. But I want my revenge." alternative laws have not been passed yet by parliament, and Lebanon has not The Beirut-based AUNOHR has been signed the U.N. moratorium." campaigning actively against the death penalty for years. But Ghorra says it’s an Campaigners are now looking out for uphill struggle. "You can campaign a lot, changes that the Arab Spring might you can have the support of all the bring. Not everyone is confident, Europeans, of the world around you, though, given the rising force of Islamist but if you don’t focus on creating public groups and parties in Egypt, Tunisia and opinion, on educating people, I think Libya. Much will depend on the policies we’ll be stuck for long years." the Islamist parties adopt, whether these are radical or moderate. Lebanon, which saw a National Campaign to Abolish the Death Penalty, Campaigners in Tunisia expect the has seen some success. After the wars Islamist groups there to be moderate. with Israel the government "pulled out a "Tunisia has adopted a position of long forgotten law that ‘the killer is stopping use of the death penalty since killed’, and a long queue of people 1991," Dr Amor Boubakri, associate started going to the gallows," said professor in public law at the University Ghorra. "That’s what pushed us to start of Sousse in Tunisia, told IPS. "But our national campaign." several laws have been adopted which provide for the death penalty, the last The campaign won two significant dated 2005. Since the revolution, there achievements: "The first, the abolition is a big hope we can abolish the death of that law in 2001. We are the only penalty." Arab country that managed to abolish a law (on this issue). In 2004 the prime

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Campaigners are taking heart, he says, from decisions made by the interim U.S.: Global Protests and government a few weeks after the Arrests as Troy Davis Is revolution. "The most important is the adoption of the Rome Statute, so Executed Tunisia has become a member of the By Matthew Cardinale International Criminal Court. And other human rights tools have been adopted." ATLANTA, Georgia, Sep 22, 2011 (IPS) - The U.S. state of Georgia executed Troy As Tunisia heads for elections for a Davis at 11:08 p.m. on Wednesday, Sep. constituent assembly next month, 21, despite serious doubts about his campaigners are seeking to raise a guilt that inspired mass protests in national debate on capital punishment. Georgia, across the United States, and "There is a possibility that the next indeed, around the world. assembly could adopt abolition of the death penalty," says Boubakri. Davis had been sentenced to death for the killing of police officer Mark The rise in the power of Islamist parties MacPhail in 1989. Following his is not necessarily a hurdle, he says. conviction, seven of nine witnesses "These parties have a big chance to get against him recanted their testimony, the majority in the next assembly but two witnesses implicated another Islamism in Tunisia is basically a person as the killer, and two of the moderate movement. We have some original jurors who found Davis guilty radical Islamist movements, but the came forward to oppose the execution. most important one is a moderate one There was no forensic evidence and is likely to adopt the Turkish way of presented at trial that Davis was the Islam. shooter.

"As a consequence the attitude of the "We have come a great distance in Islamist party to human rights issues is Georgia, but today we have generally positive. We don’t know their demonstrated we still have a great attitude towards the death penalty, but distance to go before we build a society their stand on human rights issues is based on simple justice that values the positive." (END) dignity and the worth of every human being," Congressman John Lewis said in

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a statement following the decision by Georgia's State Board of Pardons and Some 12 protesters, including students Paroles (SBPP) to deny clemency. from Howard University, were arrested at the White House in Washington "We are not there yet. I am deeply Wednesday, where they urged saddened and deeply disappointed by President Barack Obama to stop the this decision, but in light of all I have execution. seen through the years, it does not surprise me," Lewis said. Eleven sat down on the sidewalk and refused to move after being told that Davis's case gained international they did not have a permit to protest, attention, attracting high-profile and that only 25 protesters could stand supporters like Pope Benedict XVI, on the sidewalk at a time but had to former U.S. president Jimmy Carter, keep moving. A twelfth protester in the Archbishop Desmond Tutu, and former crowd of several hundred was also FBI director William Sessions. arrested.

Protests this week included several acts Then, at the Jackson State Prison where of civil disobedience. Davis was executed, nine people were arrested in conjunction with a protest On Tuesday, Rev. Marvin Morgan, 63, of organised by Tim Franzen of the Atlanta's First Congregational United American Friends Service Committee Church of Christ was arrested in Southeast Regional Office. downtown Atlanta outside the SBPP offices after he chained himself to a "Our plan was to walk into the prison to flagpole. Georgia Capitol police had told intervene," Franzen said. "Of course we Morgan the flagpole was public knew we'd get arrested. We got about property, but he refused to move, 20 feet." noting that he had taken great care not to harm the flagpole. One of those arrested in Jackson appears to have been tasered by police, Morgan had previously written the SBPP according to a video posted on the offering his life in the place of Davis's, Georgia Peace and Justice Coalition's and had been engaging in a hunger website. strike as of Tuesday.

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After the execution was announced denying clemency for Troy Anthony around 11 pm, some young people, Davis. The Board members have not including those dressed in bandannas, taken their responsibility lightly and took to the streets, Franzen said, certainly understand the emotions marching from the Georgia Capitol to attached to a death penalty case," the Woodruff Park in downtown Atlanta, Board said in a statement. where they were confronted by police. "Since 2000, the Board has commuted Five young people wearing bandannas three death penalty cases. In were arrested as part of late night considering clemency in such cases, the protests, the Atlanta Police Department Board weighs each case on its own said in a statement to IPS. The activists merit," the Board said. had been told to remove their masks because of an ordinance against "The Board has considered the totality wearing masks in public. of the information presented in this case and thoroughly deliberated on it, Four of the five arrested in Atlanta after after which the decision was to deny the execution were members of the clemency," the Board said. Georgia Students for Public Higher Education, according to the The National Association for the organisation's blog. Advancement of Colored People (NAACP) said it obtained information During Davis's last two weeks, there was that the Board's vote was split, two to a massive campaign, relying widely on three, with two in favour of granting the Internet and social media, to urge clemency. the SBPP to grant clemency. About one million petition signatures were After the SBPP denied clemency, collected and delivered to the SBPP days activists turned to a wide array of before the execution. strategies: Some lobbied President Obama to intervene; some lobbied Dr. The SBPP denied Davis's request for Carlo Musso, CEO of Rainbow Medical clemency on Tuesday. Associates, the organisation contracted by the Georgia Department of "This morning, the State Board of Corrections to oversee executions, to Pardons and Paroles issued its decision decline to participate; others lobbied

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Chatham County District Attorney Larry life and death," Laura Moye, Death Chisolm to intervene. Penalty Abolition Campaign coordinator for Amnesty International USA, said in a Some lobbied the SBPP to reconsider. statement. "The Board has denied the request to reconsider its decision of September 20, "Today, Georgia didn't just kill Troy 2011, denying clemency to Davis," the Davis, they killed the faith and Board said in a Sep. 21. confidence that many Georgians, Americans and Troy Davis supporters Davis offered to take a lie detector test, worldwide used to have in our criminal but the GBPP declined that offer. justice system," Moye said.

The NAACP requested intervention by Activism also took place internationally. the U.S. Department of Justice, Over 300 cities participated in an apparently to no avail. international day of protest last week. And on the final day of Davis's life, Lawyers for Davis also filed a last- activists gathered at the U.S. Embassies minute appeal that was rejected by in London and Berlin to hold protest each court up to the Supreme Court of vigils. (END) the U.S. The Supreme Court issued a stay so it could review the appeal. So, Davis's execution, which was scheduled DEATH PENALTY: Not in the to take place at 7 pm, was postponed Name of the Quran for a few more hours until the court By Sanjay Suri denied the appeal.

LONDON, Sep 21, 2011 (IPS) - Islamic "The application for stay of execution of regimes look for provisions and sentence of death presented to Justice precedents to carry out the death Thomas and by him referred to the sentence in the name of Islam. But, says Court is denied," the Court wrote. Dr. Mohammad Al-Habash, director of

the Islamic Studies Centre in Damascus, "My heart is heavy. I am sad and angry. they are not looking enough at 13 The state of Georgia has proven what provisions within the Quran to we already know. Governments cannot be trusted with the awful power over

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commute the death sentence to a lesser (financial compensation from the killer’s punishment. family), the judge must avoid the death penalty. Even if a small baby from the Regimes have the death penalty in place victim’s family says so, the judge must for many more crimes than mentioned avoid the sentence, and wait for the in the Quran, Habash told IPS at a baby to grow to the age of 18 to confirm conference on the death penalty held by if he or she wants the death penalty or the rights group Penal Reform not." International in London this week. "In Mauritian law there are 361 crimes that A judge acting under Sharia law cannot can invite the death penalty. In Yemen, in any case order execution without first there are 312 crimes that can be considering the position of the victim’s punished with death, and the same in family in a civil claim, Habash says. The Saudi Arabia. But in the Holy Quran right to demand or to forgive goes first there is only one crime." to the family, not to the judge in a case where capital punishment could be There is a provision for the death ordered. penalty only for murder, says Habash, who is also a member of the Syrian Yet another tool is "Choubouhat" under parliament. But alongside this one which a judge must refuse the death provision, there are 13 tools for a judge penalty if any doubts arise about the to cancel the death sentence, he says. culpability of the accused. For example, "For example, God did not mention Al- "if the killer was under the influence of Qassas, which provides for the death alcohol, or if he did not understand sentence for murder, without what might be the punishment for such mentioning Al-Afou, which means crime." forgiveness. Sharia asks a judge to use these 13 tools to fight against the death But Habash acknowledges that this is penalty." not as simple a matter as a reading or interpretation of the Quran. "You do Under Al-Afou, the family of a victim can need to look also at the history of forgive. "All members of the family of Islamic heritage," he says. The death the victim have the right to forgive. If sentence comes more from that even just one among 20 says they tradition than from the text of the forgive, or says they are looking for Dia Quran, he explains.

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use of the death penalty is closely "Islamic legislation is itself a result of related to the political situation in these the practices of courts during history. In countries. Islamic history, as with Christian history, European history, you can find a lot of "Islam is fundamentally no different use of the death penalty. It’s in the from other religions in that death is tradition, not in the book." prescribed for a large number of transgressions in all of them," she said. The dispute goes beyond differences "However, because it is linked to a over an interpretation of the text and an political movement with state power in interpretation of tradition. As Mustapha many instances, the medievalism of Bouhandi, professor of comparative religious rule becomes the law of the religion in Casablanca in Morocco told land. IPS earlier, Arab countries retain the death penalty because they "do not "So in Iran, for example, stoning is a want to lose their most important legally sanctioned form of execution instrument of repression…the death with the law even specifying the size of penalty is for them an effective means the stone to be used in killing someone. to eliminate opposition leaders, or at Clearly, when the law and in many least to intimidate and curb them." instances the state is divinely ordained, abolishing the death penalty becomes Often these opponents are liquidated all the more difficult." without trial, even without their families ever hearing of their execution or being But a change in laws in these countries able to arrange a funeral, Bouhandi said. may need a return to the question of "Where there are trials, justice in the what is in the Quran and what comes Arab world does not enjoy a good from tradition. Habash says it is a view reputation. It depends on the wishes of shared by many Islamic scholars "that the ruling powers. Every death this kind of punishment belongs to the sentence, even in non-political cases, is old testament (of Islam). Prophet politically influenced." Mohammad tried to use such punishment for some years. After that Maryam Namazie from the Council of Ex the Holy Quran said, No, and that such -Muslims of Britain and Equal Rights punishment has been cancelled." Now told IPS in an earlier interview that

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Are many Islamic countries then looking majority or even all of those on death at Islamic tradition rather than at the row are foreigners, according to a new Quran itself to justify use of the death report by Harm Reduction International penalty? "There are divisions on this (HRI). within Islam," Habash acknowledges. "Some scholars believe we have to The report, "The Death Penalty for Drug follow the traditions of Prophet Offences – Global Overview 2011: Mohammad, and that there is not Shared Responsibility and Shared enough proof that this kind of Consequences", is a follow-up to a punishment has been cancelled." recent survey on the death penalty for drug offences by HRI. Such differences have led to different punishments for adultery, for instance. There are 32 nations or territories that Some places carry out death by stoning. execute people for violating drug laws, Others go by the punishment prescribed including China, Indonesia, Iran, Kuwait, by the Quran itself of handing out up to Malaysia, Saudi Arabia, and Singapore, 100 lashes, Habash says. Overall, there are hundreds, even The majority of Islamic countries reject thousands, of non-nationals who are punishment such as death by stoning for facing or have faced the death penalty adultery, he says. "You can find such for drugs in recent years. HRI estimates punishment handed out by the Taliban, the number is actually more than a and in Somalia. But even in Saudi Arabia thousand per year, including estimates I have not heard of such punishment for of executions carried out by at least 30 years." (END) governments - especially China - which keep data regarding the death penalty a secret. Foreign Drug Offenders More These foreigners include citizens of Likely to Face Death Australia, France, Israel, Liberia, Mexico, By Matthew Cardinale Mongolia, The Netherlands, Nepal,

Nigeria, Peru, The Philippines, Sweden, ATLANTA, Georgia, U.S., Sep 16, 2011 Turkey, Britain, United States, and (IPS) - In many of the countries that Zambia. permit execution for drug offences, the

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Brian Evans, a campaigner for Amnesty profits involved. They get caught up in a International USA's Death Penalty massive drug operation. They're not the Abolition Campaign, said the main dealers, they're basically carrying phenomenon of foreign nationals being drugs from one place to another. You're executed in these countries for drug not going to disrupt the drug market by trafficking is "sort of a combination of killing them, they're totally minor discrimination against foreign nationals, players," Clear said. and we're talking about crimes that disproportionately affect foreign "The demand is coming from the West. nationals." We need to do more about the demand, in our own country, our own drug "Any crimes involving trafficking and problem," he said, adding that the U.S. moving across borders is more likely to should take a public health approach involve foreign nationals anyway," and pursue decriminalisation. Evans said. In Indonesia alone, about 100 people "My expertise is with Saudi Arabia, I do are on death row for drug offences, and know their justice system is stacked to about 80 percent of those are [favour] people with ties to the royal foreigners. Ironically, Indonesia persists family and a lot of money. Foreign in executing foreign nationals, even nationals don't have those ties," Evans though Indonesia recently got into an said. international dispute with Saudi Arabia after the Saudi government beheaded "From our perspective, like a lot of an Indonesian citizen without notifying responses to global drug problems, it's Indonesia. totally out of proportion for the crime that was committed," Alan Clear, said "While it seems clear that foreigners executive director of the U.S.-based play a significant role in smuggling drugs Harm Reduction Coalition, which is not into Indonesia, the fact that four out of affiliated with HRI. five prisoners awaiting execution on drugs trafficking charges are foreigners "The death penalty clearly hasn't raises certain questions in terms of stopped drug trafficking or the desire of possible discrimination in relation to countries primarily to buy drugs. People both criminal enforcement and take enormous risks because of the sentencing in drug-related cases," the

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U.N. Special Rapporteur on extrajudicial, proven public health measures to be summary or arbitrary executions, wrote effective," Lines added. "It is simply in 2009, as cited in the HRI report. wrong for a government to try and kill its way out of a drug problem. These In Kuwait, at least 14 people have been killings are arbitrary and morally executed for drug offences since 1998, repugnant." and most, if not all, of these are believed to have been foreigners, HRI argues the executions violate Article according to HRI. 6(2) of the International Covenant on Civil and Political Rights, which states In Saudi Arabia, 53 of 62 executions for that the death penalty may only be drugs that occurred in 2007 and 2008 applied to the "most serious crimes". were of foreign nationals, HRI reported. Human rights monitors from the United And in Singapore, at least two Nations have also expressed concerns foreigners have been executed for drug- about the number of foreigners who are related offenses over the last decade. on death row. (END)

"This report should encourage governments to reflect on their counter- Q&A: "Filling Another Coffin narcotics assistance to states which Will Not Bring Our Loved continue to sentence people to death for drug offences," Rick Lines, executive Ones Back" director of HRI, said in a statement. Kanya D'Almeida interviews RENNY CUSHING, founder of Murder Victims' "No government in the world can say Families for Human Rights (MVFHR) with absolute confidence that these laws won't potentially lead to a death WASHINGTON, Sep 13, 2011 (IPS) - With sentence for one of its own citizens. the death penalty still a fixture in the What we would not impose at home, criminal justice apparatus of many U.S. we should not expose people to states, the voices of murder victims' abroad," Lines said. families who oppose capital punishment are bringing a deeply personal "Drug policies must respect human perspective to the debate. rights, international standards and

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IPS spoke with Renny Cushing, founder loved ones murdered by serial killers, and executive director of Murder attacked by terrorists, disappeared or Victims' Families for Human Rights fallen victim to state-sponsored (MVFHR), whose father's murder in executions. 1988 set him on a tireless course of human rights advocacy. We oppose the death penalty on human rights grounds and believe that it's a A declared victim-abolitionist, Cushing fundamental violation of the right to has been a pioneer in the movement to life, of Articles 3 and 5 of the Universal link death penalty abolition groups with Declaration of Human Rights. the victims' rights movement. He lives by the dictum that "filling another coffin Though we are U.S.-based, we're will not bring our loved ones back – it committed to the concept of "abolition will only give birth to yet another without borders", so we've always broken, grieving family." strived to have a presence outside the country, to make public that we are Co-author of "Dignity Denied: The working in solidarity with other Experience of Murder Victims' Family countries and peoples who are Members Who Oppose the Death struggling to end the death penalty. Penalty", and "I Don't Want Another Kid to Die", a collection of homicide victims' Q: What has some of this international family members' testimonies against the solidarity looked like? juvenile death penalty, Cushing tours the U.S. and the world, demanding A: For example, representatives of universal dignity and human rights for MVFHR gathered in South Korea last all. week to commemorate the country's 5,000th day without an execution. Excerpts from the interview follow. Korea is also a 5,000-year-old country, nation and culture and it was a Q: What was the vision behind MVFHR? wonderful occasion on which to celebrate the fact that, though the A: MVFHR was founded on Dec. 10, death penalty has remained in place 2004 – International Human Rights Day since South Korea's independence in – by a group of families and survivors of 1948, a zero execution policy since 1997 homicide victims who had seen their has created a de facto abolitionist

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nation. U.S., that society places a burden on survivors to go out and seek revenge. Since we first traveled to South Korea in One survivor of her own daughter's 2004 to meet with lawmakers who had death told me that she was often made then drafted a death penalty abolition to feel like a sinner, fighting against the bill, we have been mindful of the death penalty even after her own child importance of international solidarity in had been murdered. this matter, of adding our voices to the growing international movement for Another man I met, whose mother, wife abolition. Already MVFHR is a member and son were all murdered by a serial of the Asia Death Penalty Abolition killer, has had to change his address and Network and the World Coalition phone number in order to avoid the Against the Death Penalty. social repercussions of attempting to work for abolition. There's a terrible Once you become the survivor of a stigma attached to this kind of activism murder victim, you immediately assume in our society, and our work often leads an identity within society that can be to us being isolated or ostracised. leveraged to advocate for human rights. We have an important stake in decision- Often I find myself, or people in my making and policy on capital position, being depicted as either punishment, about what society does in psychos or saints. The reality is that we the aftermaths of murder. And though are people who have lived through there are significant cultural differences unspeakable horror, whose lives have when working transnationally, there is unfurled rapidly, and we've come to the also a universal element to grief and conclusion that filling another coffin pain that should be mobilised in our doesn't bring our loved ones back, it just struggle. gives birth to another broken, grieving family. Q: What are some of these universalities? Q: What are your thoughts about a society that supports the death penalty? A: Well, we have worked with victims, in South Korea particularly, who have A: One of the things that people have to expressed similar sentiments to those of realise is that if you give your us who fight the death penalty in the government the power to kill its people,

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it will use it. And as long as the attention, has again been scheduled for government kills its own people, it sets execution for Sep. 21, but advocates the example that people and hope to convince the Georgia Board of institutions have the right to take life. Pardons and Paroles to grant last- minute clemency. In fact, governments should be setting the example that vengefulness will Davis was convicted of shooting a police never be a symbol of democracy. I think officer, Mark MacPhail, in Savannah in South Africa is a great example in this 1989, but since then, seven of nine regard. Its great leader Nelson Mandela witnesses have recanted their testimony once faced the death penalty and spent against him, and two other witnesses 27 years in prison. When he finally got have implicated another individual as out, he didn't keep looking over his the murderer. shoulder seeking revenge. He understood that it was much more This is the fourth time Davis has had an important for him to once and for all lift execution date, although at this point, the burden of apartheid from his nation. supporters fear that he has probably When he finally became the president, exhausted his appeals - either he will be it was of a new South Africa, one that pardoned or he will be executed. had abolished the death penalty. Most recently, the U.S. Supreme Court It is only by ending the death penalty ordered an extraordinary hearing in the that we will be able to safeguard, trial court as to whether Davis could respect and uphold the rights of every prove his innocence claims. But the trial individual. (END) court ruled against Davis, setting him back on a path where a new execution date was only a matter of time. U.S.: Execution Date Set in "I knew it was coming. I'm not shocked," Controversial Davis Case Martina Correia, Davis's sister and By Matthew Cardinale strongest advocate, told IPS. Correia,

who has been battling cancer for 10 ATLANTA, Georgia, Sep 9, 2011 (IPS) - years, has been in the hospital for Troy Davis, the Georgia man whose several days due to complications from death row case has drawn international a chemotherapy drug, but granted the

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rare interview. people about the doubts that continue to persist, encouraging people to make There will be a Global Day of Action for concerns heard to the Board of Pardons Troy Davis on Sep. 16 in Atlanta and and Paroles, who has the ability to other cities around the world, and weigh in and prevent the execution and Correia says she will be there whether really step in in a situation where the someone has to push her in a legal process has failed to alleviate wheelchair or drive her in on the back of some doubts that Troy Davis is guilty for a truck. a crime for which he could pay with his life," Laura Moye, death penalty "We're sad, but we've been here before. abolition campaign director for Amnesty In the past two years, the coalition has International USA, told IPS. grown beyond what we could have ever imagined. We're gonna fight. We "The Board has very wide discretion at believe in Troy's innocence," Correia what they can look to to grant relief, said. they are not confined by the narrow parametres of the legal process, this Correia said she had just spoken with narrow focus on process and procedure Davis, and that "he is in good spirits". that has hampered Troy's ability to have his innocence claims taken seriously," "He's more concerned about the family Moye said. than he is about himself," she said. "He's ready for this fight. We're holding "The Parole Board in 2009 said they on to our faith and we believe it's going would not execute when there's doubt. to be a good outcome." There's more than minimal doubt in Troy's case," Correia said. "There's so Meanwhile, advocacy groups like many unanswered questions." Amnesty International, Georgians for Alternatives to the Death Penalty, the Despite the fact that the Board International Action Center, and the previously ruled against Davis, there are National Association for the at least two factors which may lead to a Advancement of Colored People are different ruling this time. First, three of mobilising. the five Board members are new to the Board and have not heard Davis's case "We are focused right now on educating before. And second, there are two new

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witnesses who have implicated another further. In the meantime, the Supreme man as the culprit, who have not yet Court of Georgia granted a review of testified before the Board. Davis's case, which Davis later lost. The Board later also ruled against Davis. One witness, Benjamin Gordon, implicated his relative, Sylvester Coles, Davis faced execution a second time in as the killer. Meanwhile, another September 2008, but the Supreme woman says she witnessed Coles Court granted a stay on Sep. 23, to allow admitting to her that he shot MacPhail. time to consider an appeal on the question of whether to grant a new When the Supreme Court granted Davis trial, which was later rejected. a hearing in the trial court on his innocence claims, Justice Antonin Scalia Davis then faced execution again a third dissented, calling the new hearing a time in October 2008, but the 11th "fool's errand". In retrospect, it appears federal circuit court stayed the to some extent, he was right. execution on Oct. 24 on grounds connected to Davis's innocence claims, "The problem with the legal system… is which were legally different than his it has been so focused on procedure, it appeals or requests for a new trial. hasn't been asking a more fundamental question, which is, can we rely on the "Psychologically, it must be a torturous conviction?" Moye said. process to have someone repeatedly come close to their death. Most "Troy Davis was given an enormous task murders aren't even like that," Moye of proving innocence at the evidentiary said. (END) hearing in Savannah last summer. He was given a task that was almost impossible to achieve without physical Study Reveals Racially Biased evidence, and with witnesses that the Death Sentencing in U.S. judge didn't want to believe," Moye said. Military By Kanya D'Almeida Davis first faced execution in July 2007, but the Board granted a 90- day stay on WASHINGTON, Sep 1, 2011 (IPS) - A Jul. 16 so it could review Davis's case forthcoming study obtained by IPS

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reveals new information on significant This imbalance is by no means a new racial bias in military death sentencing, trend. For the last three decades the adding fuel to the growing momentum military has both exercised and led by rights groups against the death acknowledged bias in its judicial system. penalty in the United States. However, the study concluded that the military's efforts to reform its justice While the meting out of capital system after 1986 "failed to purge the punishment in civilian courts has been risk of racial prejudice from the closely documented since the Supreme administration of the death penalty". Court reinstated the controversial sanction in 1976, little was known about Slated to be released later this year in the extent of racial prejudice and the peer-reviewed Journal of Criminal discrimination in the military justice Law and Criminology, the study's system until now. authors stressed, "There is substantial evidence that many actors in the The study, co-authored by the late American criminal justice system are… David Baldus, an eminent scholar on the influenced by the race of defendants subject of capital punishment, and and their victims." Catherine Grosso, an associate professor of law at Michigan State The professors found that "capital University's College of Law, found that punishment-racial discrimination 10 of the 16 men whom the military has studies of state death penalty systems sentenced to death since the early have documented three types of 1980s share a common trait: they're all evidence of racial disparities in the minorities. treatment of similarly situated death- eligible offenders", the most common In fact, the research, conducted by a being punitive measures meted out to team of legal experts and statistics any defendant in cases involving white professors, proves that minorities in the victims; the next common being cases military are twice as likely as their white involving black or minority defendants counterparts to be sentenced to death thought to have perpetrated a crime by capital punishment – a statistic that against a white victim; and lastly cases is higher than existing levels of racism in involving black and minority defendants the civilian courts. thought to have committed a crime, regardless of the victim's ethnicity.

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even more so – in the military," Richard Having raked through data on the Dieter, executive director of the Death administration of the death penalty in Penalty Information Center (DPIC), told the U.S. armed forces between 1984 IPS. and 2005, the study presents evidence that the 16 cases of death sentences "While most previous studies have support Supreme Court Justice Byron suggested that the race of the victim White's hypothesis that "in death was the most salient factor affecting eligible murder cases, the greatest risk death penalty decisions, this latest study of 'racial prejudice' exists in highly proves that the race of the defendant aggravated minority-accused/white- matters just as much, if not more," he victim cases." said.

Of those 16 cases, the study also found Though the study stresses that the that race appeared especially to be a racially lopsided numbers of people on factor in five cases that involved death row are not the result of multiple victims with at least one victim "intentional discrimination", Dieter said who was white. that the third level of racism – following legally sanctioned discrimination and Those cases include three black men deliberately harsh sentencing based on currently on death row - Ronald Gray, a race – fell in a murky middle ground black former Army private who was that was hard to define. accused of raping and murdering four women; Dwight Loving, a black former "All kinds of cultural differences and Army private at Fort Hood, Texas, who prejudices exist in individuals who are was convicted of killing two taxi drivers; tasked with assigning a suspect as and Kenneth Parker, a black former innocent or guilty," Dieter told IPS. Marine lance corporal who allegedly "These judgments creep in, perhaps not killed two white Marines "following intentionally, but inevitably." rumors that a group of white males had planned a lynching". "Sadly, judgments are never made on pure formulas, but are always "What this study shows us is the racial influenced by the biases, upbringing and discrimination that we have seen in civil cultural histories of judges and jurors," systems for decades is just as rampant – he added. "So it is to be expected that

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an all-white jury would view and sentence a black defendant more As a New York Times editorial pointed harshly than an all-black jury would." out Thursday morning, "The last military execution was in 1961. This de facto Dieter added that the civilian system moratorium has not made the country too was nursing extreme racial or the military less secure. The evidence disparities. Of the 58 people on federal of persistent racial bias is further death row, 23 are white while 35 – evidence that it is time for the military roughly 60 percent – are minorities. system to abolish the death penalty." (END) And while 44 percent of those on state death rows are white, compared to 42 percent black and 12 percent Hispanic – WORLD PRESS REVIEW statistics that many tout as evidence of the playing field being leveled out – September 2011 Dieter cautioned, "We have to keep in mind that blacks only make up 12 This review provides a glimpse of percent of the U.S.'s total population, developments related to death penalty making these numbers very skewed no as reported by media around the matter which way you look at them." world, in a chronological order from the end of September to the beginning Given that neither state, federal, nor of the month. military judicial systems seem able to leave racial bias at the door of the NORTH KOREA REDUCES CRIME LIST courtroom, some have suggested that FOR DEATH PENALTY the study is simply more evidence that September 30, 2011: North Korea has the death penalty should be abolished liberalized its Criminal Code reducing in all 50 states. the crime list for the capital punishment from 33 to 5, the UN Chief Ban Ki-moon According to Amnesty International's reported in NY. 2010 report on death penalties, the U.S. He welcomed the measure but has the fourth worst track record in the expressed concern over the fact that the world for executions - with 42 people remaining 5 crimes are mainly political, going to the chair last year alone – namely plotting and high treason. following China, Iran and North Korea.

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The official encouraged Pyongyang for 40 % prefer the death penalty. Field Poll further liberalization and urged to avoid director Mark DiCamillo noted that 11 capital punishment. (Sources: RIAN, years ago, 44 % of those polled said they 30/09/2011) preferred death as punishment for 1st- degree murder and only 37 % in favored BAHRAIN: DEATH SENTENCE FOR life in prison. The survey was a random PROTESTER sample of 1,001 registered voters, with September 29, 2011: Bahrain's special each question asked to a random security court sentenced a protester to subsample of either 481 or 520 voters, death for killing a policeman and has with a maximum margin of error of 4.6 given doctors and nurses who'd treated percentage points. (Sources: San injured protesters during the country's Francisco Chronicle, Los Angeles Times, uprising this year lengthy prison 29/09/2011) sentences, according to lawyer Mohsen al-Alawi. (Sources: Smh.com.au, SAUDI ARABIA: PARDON SAVES KILLER 29/09/2011) FROM GALLOWS September 29, 2011: A Sudanese man CALIFORNIA (USA): LESS VOTER facing execution in Saudi Arabia after he SUPPORT FOR DEATH PENALTY was convicted of murdering a Saudi boy September 29, 2011: As they have for was saved from the gallows after he was more than 5 decades, California voters pardoned by the victim’s father, overwhelmingly support the death newspapers reported on Thursday. penalty - but in a marked shift, more Isam Al Juhaini, who had been in prison voters now prefer that convicted for nearly five years for murdering the murderers be sentenced to life without boy, Saif, is expected to walk free soon parole instead of death, according to after the victim’s father, Awad bin Saad the latest Field Poll. Al Harithi, told court in the western A solid 68 % of voters favor keeping the town of Taif he had forgiven the killer. death penalty. But for the 1st time since Newspapers said Al Harithi agreed to the poll began asking the question 11 offer pardon after mediation by Saudi years ago, more voters - 48 % - say they Arabia’s second deputy premier and would prefer that someone convicted of interior minister Prince Nayef bin Abdul 1st-degree murder serve life without Aziz and Emir of Makkah Prince Khaled the possibility of parole. Al Faisal bin Abdul Aziz. (Sources: Emirates247.com, 29/09/2011)

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OHIO (USA): GOV. KASICH COMMUTES IRAN: ONE PRISONER HANGED IN QOM DEATH SENTENCE September 28, 2011: One prisoner was September 26, 2011: Ohio's Republican hanged in the central prison of Qom Governor John Kasich today commuted (south of Tehran) early in the morning, the death sentence of Joseph Murphy, reported the Iranain state media. 46, white, to life without the possibility According to the state-run news of parole, his 2nd such action in the past agencies Fars and Mehr, the prisoner 3 months. identified as "M.F." who was convicted In commuting his sentence, Kasich of buying and keeping 1572 grams of called Murphy's murder of Ruth crack, and participation in buying and Predmore, 72, "heinous and disturbing," keeping 2435 grams of crack. The but the death penalty inappropriate prisoner was arrested in October 2009 given a brutal upbringing and relatively and sentenced to death by the young age at the time of the crime. revolutionary court of Qom in May Murphy was 21 on February 1, 1987 2010. when he stabbed Predmore during a The charges have not been confirmed home robbery. His execution had been by independent sources. (Sources: Iran scheduled for October 18 and the Ohio Human Rights, 28/09/2011) Parole Board had recommended that his sentence be commuted. MALAYSIA: TRIO TO HANG FOR DRUGS Murphy was diagnosed as borderline September 26, 2011: Kwok Weng Fatt, mentally retarded. The governor said in 62, Abdul Rahman Lee Abdullah, 54, and a statement: "After examining this case Nurul Jannah Seng Abdullah, 47, were in detail with counsel I agree with Chief sentenced to death by High Court Judge Justice Moyer, the National Association Zamani Abdul Rahim for death for of Mental Illness and the Parole Board's trafficking over 500gm of heroin that unanimous 8-0 decision that considering were hidden in rubber capsules which Joseph Murphy's brutally abusive they swallowed. upbringing and the relatively young age The trio were all apprehended at at which he committed this terrible Penang International Airport on January crime, the death penalty is not 29, 2005, while waiting to board a plane appropriate in this case. to Australia. (Sources: Thestar.com.my, "Thus, I have commuted his sentence to 27/09/2011) life in prison with no chance for parole. I pray for peace for all who have been

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impacted by this crime." Predmore's controversial execution, two sources niece was among the clemency told Redding News Review. advocates. (Sources: Reuters, USA Obama's White House spent "three Today, The Columbus Dispatch, days" looking at how it could legally get Associated Press, 26/09/2011) involved in the case on a federal level, one source said. The Obama IRAN: ACID THROWER TO BE BLINDED administration even called the state of September 26, 2011: Iran's supreme Georgia about getting involved and court upheld a sentence of blinding in were told "No". one eye for a waiter who hurled acid at "'We looked at every possible avenue a man five years ago in a plot hatched legally,'" the source reported Obama by the victim's brother-in-law, Shargh said. "'There was not one there.'" newspaper reported. "'It was a state case and I could not The 26-year-old waiter, identified by his intervene because it wasn't federal,'" first name, Mohammad, had confessed another source reported Obama said. he was hired to throw acid at the victim, The two sources told Redding News Vali, in return for around one million Review that Obama talked about Davis, rials (less than $100), the report said. during a private lunch meeting of about Vali, who was injured and blinded in one 10 select black broadcasters. (Sources: eye, asked for 'qesas' -- an eye for an Redding News Review, 26/09/2011) eye style of justice -- and that Mohammad be blinded in retribution. IRAN: UN EXPERTS CONDEMN PUBLIC After much deliberation, the panel of EXECUTION OF JUVENILE judges presiding the case ordered the September 23, 2011: According to a attacker to be blinded without acid in statement by the UN Office of the High one eye and pay blood money for Vali's Commissioner of Human Rights, four other injuries, the report said. (Sources: United Nations experts condemned the Afp, 26/09/2011) public execution of 17-year-old Alireza Molla Soltani in Iran. PRESIDENT OBAMA TRIED TO SAVE The four UN experts are: Special TROY DAVIS FROM EXECUTION Rapporteur on extrajudicial, summary or September 23, 2011: President Obama arbitrary executions, Christof Heyns; candidly took a little time to explain Special Rapporteur on the situation of how he tried to save Troy Davis and why human rights in the Islamic Republic of he did not say anything about his Iran, Ahmed Shaheed; Special

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Rapporteur on the independence of free itself from the anachronism of the judges and lawyers, Gabriela Knaul; death penalty. It is used by China, Iran Special Rapporteur on torture and other and North Korea, which are the highest cruel, inhuman or degrading treatment executioners in the world, and who the or punishment, Juan Méndez. (Sources: United States rightly denounces for NL-Aid.org, 23/09/2011) their systematic violations of human rights.” CHINA: TWO SENTENCED TO DEATH “The great American democracy cannot September 23, 2011: The Intermediate allow a justice so merciless. It is not People's Court of Xiangtan, in China's justice and very often it does not even Hunan Province, sentenced Wang save the innocent.” “The use of the Yongzhong, the boss of a mafia-like archaic biblical conception of an eye for gang, to death and fined him 2 million an eye in the oldest and most stable yuan. He was convicted of gambling, democracy, when it doesn't even have drug trafficking, assaults and holding proper safeguards, does not make a big people against their will. difference from the summary use of The court also sentenced gang member talion law in vogue in fundamentalist Zhang Dijun to death with a two-year Islamic regimes.” (Sources: HOC, reprieve for a 2010 murder that Wang 22/09/2011) ordered. (Sources: Eastday.com, 25/09/2011) ALABAMA (USA): DERRICK O'NEAL MASON EXECUTED USA: HANDS OFF CAIN- THE USA AND September 22, 2011: Derrick O'Neal ROGUE NATIONS USE THE DEATH Mason, 37, black, has been executed. PENALTY He was sentenced to die in 1995 after September 22, 2011: "It isn't great being convicted of killing 25-year-old company to be in, countries that still Angela Cagle during the attempted use the death penalty- the Unites States robbery of a convenience store on and "rogue nations",” Sergio D’Elia said March 26, 1994. after the execution in Georgia of Troy Mason apologized to the victim's family Davis. in his final statement. Gov. Robert “A man who was most likely innocent, Bentley on Wednesday afternoon the latest in a long series of executions declined to commute Mason's sentence in which guilt was at least doubtful,” to life in prison without the chance of D’Elia continued. “The USA should now parole. Retired Madison County Circuit

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Court Judge Loyd Little wanted the head of the Human Rights in Justice governor to commute the death office of the ministry's Institute for sentence, saying he had been on the Crime Prevention. bench 6 months when he issued his Feng said on the sidelines of the fourth ruling and has since realized "it really Beijing Forum on Human Rights that a was not the right decision." person's sexual orientation should not Mason is the 5th condemned inmate make them a target for discrimination, executed in Alabama this year, the 54th whether that person is in prison or not. to be put to death since Alabama However, he also said that this does not resumed capital punishment in 1983. mean that acts of homosexuality are Mason becomes the 36th condemned accepted in prisons. inmate to be put to death this year in "The inmates will be left alone if their the USA and the 1270th overall since homosexuality remains 'spiritual'," Feng the nation resumed executions on said. "But because prison inmates are January 17, 1977. (Sources: Huntsville not free persons, they can not act as Times & Rick Halperin, 22/09/2011) freely as the rest of us." The official said it is an international CHINA: PRISONS ALLOW DEATH ROW practice not to discriminate against INMATES TO MEET RELATIVES homosexual inmates, but to instead September 22, 2011: China has made restrict their behavior. strides in protecting the human rights of "I raised the question when I visited prison inmates in recent years, including prisons in the United States. Prison scrapping a conduct policy that officials there told me homosexual discriminated against homosexual partners are separated if they attempt inmates, according to a judicial official to remain together," Feng said. in charge of penal human rights studies. Feng said prisons in Beijing have also The Ministry of Justice has rewritten the banned officials from ordering inmates national code of conduct for prison to squat with both hands crossed inmates, eliminating bans on behind their heads, a practice that is homosexuality, dyed hair and other commonly used to demoralize inmates lifestyles and practices that were who are entering prison for the first previously not allowed in prisons. The time. revision was made in order to show Feng said that the human rights of respect for the human rights of prison death row inmates have been respected inmates, according to Feng Cangjian, as well, as prison authorities have begun

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to allow death row inmates to meet plea for clemency from almost a million their immediate relatives before being people worldwide. executed. The use of lethal injection as Davis, 42, black, was declared dead at a method of execution is also being 11:08 p.m.. The lethal injection began promoted, as it is considered to be about 15 minutes earlier, after the more humane than traditional firing Supreme Court rejected an 11th-hour squad executions. request for a stay. The use of lethal injection in China His death was marked by last-minute began in 1997 and has completely drama when Georgia officials delayed replaced execution by firing squad in the execution by an excruciating 3½ the provinces of Shandong, Yunnan and hours as they awaited a final ruling by Liaoning, according to official statistics. the US Supreme Court. Davis had been Although the policy revisions are about to be strapped to a gurney to be promising, challenges still remain in injected, as state witnesses assembled enforcing the changes, as training the to view his execution, when the country's 300,000 prison wardens to schedule was interrupted. But the court keep them up to speed on the changes ultimately denied him a reprieve. will take time, Feng said. As many as 700 demonstrators gathered Verbal abuse directed toward suspects, outside the prison in Jackson. They fell convicts and inmates remains prevalent, into despair once the decision was Feng said. known. About 10 counterdemonstrators "Prosecutors are still accustomed to also were outside the prison, showing describing suspects as 'inhumane' or support for the death penalty. 'acting like an animal.' Such degrading Davis was convicted of the 1989 terms are even seen in court verdicts," shooting of policeman Mark MacPhail. Feng said. The extraordinary legal case has put Feng said the ministry will publish a America's death penalty in an textbook in October for the purpose of uncomfortable spotlight. Hundreds of educating prison wardens about their thousands of people worldwide pleaded inmates' human rights. (Sources: for clemency in the wake of a series of China.org.cn, 22/12/2011) court appeals and with seven of nine witnesses having recanted their original GEORGIA(USA) TROY DAVIS EXECUTED testimony, some claiming to have been September 21, 2011: Troy Davis has coerced by police. No weapon, DNA been executed in Georgia, despite a evidence or surveillance footage was

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found to link Davis to the crime. becomes the 35nd condemned inmate Petitioners had included Pope Benedict, to be put to death this year in the USA Nobel peace laureates Jimmy Carter and and the 1269th overall since executions Archbishop Desmond Tutu, a former FBI resumed on January 17, 1977. (Fonti: director and at least 40 members of the Foxnews.com, Ap, 21/09/2011) US Congress. Davis's advocates had included Amnesty IRAN: TWO HANGED FOR DRUG International and the National TRAFFICKING, MURDER Association for the Advancement of September 22, 2011: Two men have Coloured People, as well as the been hanged in Iran in the last days, Innocence Project, which has helped media reported. One prisoner was exonerate 17 death-row inmates hanged on September 21 in Minab, in through DNA testing. southern province of Hormozgan. President Barack Obama deflected calls According to the state-run Iranian news for him to get involved. agency Fars, the prisoner was identified A New York Times editorial called the as "A. G." and was convicted of smugling execution "a grievous wrong". It said the 6300 grams of crack. The report didn’t failure of Georgia's Pardon and Parole mention whether the execution took Board to grant clemency was "appalling place in the prison or in public. On in the light of developments after September 20 one man was hanged Davis's conviction". publically in Tehran, reported the Earlier in the day, from Geneva, the Iranian state media. United Nations Special Rapporteur on According to the official Iranian news arbitrary executions, Christof Heyns; the agency IRNA, the man who was Special Rapporteur on the identified as Sajjad Jalili, was convicted independence of judges and lawyers, of murdering Dr. Gholamreza Sarabi, a Gabriela Knaul, and the Special heart specialist, in September 2010. Rapporteur on torture, Juan Méndez, According to the report, Sajjad Jalili told had called on the Government of the the reporters that he had no regrets for United States to stop the execution of committing the murder. Davis. He thought Sarabi had caused his Davis becomes the 4th condemned mother's death. inmate to be put to death this year in The prisoner was hanged at 6 AM in the Georgia and the 52nd overall since the "Nabovat Square" of Tehran where the state resumed executions in 1983. Davis

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murder took place. (Sources: Iran Ministry of Public Security sought a Human Rights, 21/09/2011) delay since facilities needed to be set up and executioners needed to be trained. SOMALIA: JUDGE KILLER EXECUTED BY The injection will contain three FIRING SQUAD IN PUNTLAND substances -- sodium thiopental, an September 20, 2011: A man convicted anesthetic; pancuronium bromide, a of killing a judge was executed by firing muscle relaxant; and potassium chloride squad in Puntland port city of Bossaso in to stop the heart. northeastern Somalia, Radio Garowe Le Thi Thu Ba, chairwoman of the reports. National Assembly’s Justice Committee, Puntland Attorney-General Mohamud said the new system is widely used in Aw’Osman told local news agencies the world, more humane, will cause less Jama Abdulle Abdullahi, 37, was pain to the convicted and their family, executed at 9:00 in the morning in and relieve pressure on executors. Bossaso’s eastern neighborhood of Biyo It also helps keep the body of the Kulule. executed prisoners intact, she added. Abdullahi, who is the younger brother of (Sources: VietNamNet.vn, 20/09/2011) former pirate chief now spending his second year in a Puntland prison Boyah, SAUDI ARABIA EXECUTES MAN was convicted of killing Bossaso court CONVICTED OF ‘SORCERY’ judge Abdinasir Haji Aden in Bossaso on September 19, 2011: Sudanese national Sept. 14, 2011. (Sources: Abdul Hamid bin Hussain bin Moustafa GaroweOnline.com, 20/09/2011) al-Fakki was beheaded in Madina, Saudi Arabia, for "sorcery". VIETNAM TO USE LETHAL INJECTIONS "Abdul Hamid's execution is appalling as FROM NOVEMBER is Saudi Arabia's continuing use of this September 20, 2011: The government most cruel and extreme penalty," said has decreed that executions will be Malcolm Smart, Amnesty International's carried out by lethal injection instead of Director for the Middle East and North firing squads from November 1. Africa. The switch was included in the Law on "That he should have been executed Execution of Criminal Verdicts passed by without having committed anything that the National Assembly last year. would appear to constitute a crime is It was expected to be made from July 1, yet another deeply upsetting example the effective day of the law, but the of why the Saudi Arabian government

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should immediately cease executions SRI LANKA: 357 PRISONERS ON DEATH and take steps to abolish the death ROW penalty." September 19, 2011: There are The crime of "sorcery" is not defined in currently 357 prisoners on death row in Saudi Arabian law but it has been used Sri Lanka, with some having served over to punish people for the legitimate 15 years while waiting for their exercise of their human rights, including sentences to be carried out, their right to freedom of expression. Commissioner General of Prisons P. W. Abdul Hamid bin Hussain bin Moustafa Kodippili said. (Sources: Daily Mirror, al-Fakki was arrested in 2005 after he 20/09/2011) was entrapped by a man working for the Mutawa'een (religious police) who IRAN: 22 PRISONERS HANGED asked him to produce a spell that would September 18, 2011: According to the lead to the man's father leaving his Iranian government daily "Iran", 22 second wife. prisoners were hanged in the prisons of It was alleged that Abdul Hamid said he Evin (Tehran) and Rajaei Shahr (Karaj, would do this in exchange for 6,000 west of Tehran) for drug-related crimes. Saudi Arabian riyals (approximately According to official Iranian sources at US$1,600). least 50 people are executed since the Reportedly beaten after his arrest, beginning of September. Abdul Hamid is believed to have been The human rights group "Iranian coerced to confess to carrying out acts activists for human rights and of sorcery. democracy" (IAHD) has reported about He was sentenced to death by the transfer of 37 prisoners from the Ghezel General Court in Madina in March 2007. hesar prison of Karaj to Evin and Rajaei Few details are available about his trial Shahr prisons for execution. According but he is reported to have been tried to IAHD, two of those executed were behind closed doors and without legal minor offenders and identified as Vahid representation. Moslemi and Mohammad Norouzi (both Amnesty International campaigned on Afghan citizens and 17 years old when Abdul Hamid's behalf following his arrested). arrest and had urged Saudi Arabia's King According to this report several of those 'Abdullah to prevent his execution. executed are Afghan citizens. (Sources: Amnesty.org, 20/09/2011) The executions that were confirmed by the official Iranian sources seem to

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include the same prisoners that were participation in the carrying one reported by IAHD. However, the kilogram of concentrated heroin, Ali P. number of the executions reported by for transfer of 410 grams of the official sources is lower than IAHD concentrated heroin inside the prison, reported. Sharam Sh. for transfer of 670 grams of According to the government concentrated heroin into the prison, newspaper Iran, the 22 prisoners are Abdulmajid M. for transfer of 391 grams identified as: of concentrated heroin into the prison, Muhammad Kh. for selling 59 kilograms Karim Gh. for selling 49 kg and 500 of opium, Muhammad N. for transfer of grams of opium, Majid F. for transfer of 480 grams of heroin into the prison 346 grams of concentrated heroin into (Minor?), Avaz P. for organizing a drug the prison, Ali N. for transfer of 420 smuggling gang and keeping 683 grams of concentrated heroin into the kilograms of opium, Agha H. for prison, and Hatem M. for transfer of membership in a drug trafficking gang 290 grams of concentrated heroin into and keeping drugs, Jan B. for transfer of the prison. (Sources: Iran Human Rights, 425 grams of heroin into the prison, Ali 19/09/2011) J. for transfer of 385 grams of crack inside the prison, Saadi S. for keeping SAUDI ARABIA: PRISONER DIES DAY 908 grams of crack and 7,5 grams of BEFORE EXECUTION opium and 15 grams of burnt opium, September 18, 2011: A convicted killer Ismail M. for distribution of 150 in a Saudi jail was found dead a day kilograms of opium, selling 50 kg before he was to be executed. An "drugs" and keeping 20 kg of opium, inmate in another prison died just a day Hassan T. for transfer of 265 grams of before he was to be freed. heroin into the prison, Mehdi P. for Guards found the killer dead at the keeping 67 kg crack and 36 kg opium, central prison in the eastern port of Muhammad A. participation in Dammam just a day before he was to be trafficking of 702 grams of concentrated beheaded. In another prison in the heroin and transferring 50 grams of southern town of Bisha, an inmate was heroin inside the prison, Abbas A. for found dead a day before he was to be keeping 2 kg and 200 grams of heroin, released. Omid Kh. for selling 4 kg heroin, Vahid “Forensic examination of the prisoner M. (minor?) for transfer of 307 grams of who was to be executed showed no crack into the prison, Saeed M. for criminal act was behind his death,” said

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Captain Nassir Abdullah Al Harbi, a “will be confronted systematically with spokesman for the Saudi prisons the Egyptian authorities.” (Sources: directorate. ANSA, 15/09/2011) “He just felt some pain in the chest and was taken to hospital where he was INDIA: EXISTENCE OF DEATH PENALTY reported dead,” he told the Saudi Sharq WARRANTS IMPOSITION IN SOME newspaper. (Sources: Emirates247.com, CASES – SC 18/09/2011) September 14, 2011: The Indian Supreme Court ruled that the court's EGYPT: ASHTON, EU WORKS FOR THE failure to impose capital punishment for ABOLITION OF DEATH PENALTY heinous crimes falling in the rarest of September 15, 2011: The European rare category would amount to "repeal Union will work for the abolition of of death penalty by the judiciary". This capital punishment in Egypt, EU High ruling was handed down by Justices Representative Catherine Ashton said in Katju and Prasad while upholding the reply to a question from Irish Social death penalty of Ajitsingh Harnamsingh Democratic European parliamentarian Gujral for killing his wife and three Nessa Childers. Childers asked the EU's children after a fight by setting them on position on the possibility of ex fire in Andheri on April 9, 2003. president Hosni Mubarak being (Sources: Times of India, 14/09/2011) sentenced to death. Ashton explained that “the abolition of HARM REDUCTION INTERNATIONAL: the death penalty is raised in all relevant ‘THE DEATH PENALTY FOR DRUG bilateral contacts with the Government OFFENCES’ 2011 REPORT in Cairo, especially in the context of the September 14, 2011: Harm Reduction EU-Egypt political conversations”. International has released a new report: “Initiatives are taking place at the local The Death Penalty for Drug Offences: level on various occasions and an Global Overview 2011. One of the key informal group on human rights has findings of the report is: been created to monitor all death “There are likely to be more than a penalty cases”, Ashton clarified. thousand people executed every year She pointed out that the European for a drug offence and in many External Action Service “is committed to environments the majority or even working towards the elimination of the totality are non-nationals of the death penalty in Egypt” and the issue executing state.

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The countries that do the most capital punishment for drugs. In recent executing particularly like to execute years there has also been increasing people who come from other countries support for the belief that capital (don’t assume that being an American punishment in any form violates the will protect you). prohibition of cruel, inhuman or Harm Reduction International points out degrading punishment, as enshrined in the state of international law regarding numerous UN and regional human execution, particularly for drug rights treaties, and customary offenses: international law. The lawful application of capital I’d like to see the UNODC focus more on punishment is significantly restricted this area. When UNODC head Yury under international law. Article 6(2) of Fedetov recently visited Iran and the International Covenant on Civil and praised them effusively for their drug Political Rights states that the penalty of seizures, saying: death may only be applied to the ‘most “Iran is our important partner in the war serious crimes’. Over the past twenty- on drugs,” he said, adding, it is a “good five years UN human rights bodies have and reliable” partner for the interpreted Article 6(2) in a manner that international community as well. limits the number and type of offences “We will make efforts to increase for which execution is allowable under international support for Iran,” he international human rights law. While added. many retentionist governments argue Where was the admonishment for their that drug offences fall under the execution of drug offenders in violation umbrella of ‘most serious crimes’, this is of UN law? According to reports not the perspective of the UN Human (including from Iran government Rights Committee or the UN Special sources) as detailed in the HRI Rapporteur on extrajudicial, summary document, Iran executed at least 590 or arbitrary executions, both of which last year for drug offenses and has have stated that drug offences do not executed over 10,000 for drug offenses constitute ‘most serious crimes’ and since 1979.” (Sources: Harm Reduction that executions for such offences are International, 14/09/2011) therefore in violation of international human rights law. This is supported by JAPAN: JUSTICE MINISTER HIRAOKA international State practice given the CALLS FOR NATIONAL DEBATE ON small minority of countries retaining DEATH PENALTY

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September 13, 2011: Justice Minister Tianshan.net news portal that the six Hideo Hiraoka stressed the need for a men sentenced Tuesday had been national debate on whether Japan charged with leading and organizing a should maintain the death penalty. “I terror group, manufacturing illegal would like to consider establishing an explosives, intentional homicide, arson institution to take on national and "other crimes." (Sources: deliberations and proposals” related to Associated Press, 15/09/2011) capital punishment, Hiraoka told reporters. UNITED ARAB EMIRATES: INDIANS ON The establishment of a study panel in SHARJAH DEATH ROW TO WALK FREE the Diet or in the Justice Ministry, open September 12, 2011: Seventeen Indians to public participation, is among who are on death row in Sharjah, the possible options, he said. (Sources: United Arab Emirates, for murdering a Mainichi Japan, 14/09/2011) Pakistani man in a 2010 bootlegging case will walk free after more than Rs 4 CHINA: 4 UIGHUR MEN SENTENCED TO crore was paid as blood money to the DEATH OVER ATTACKS victim's family. Judge Abdullah al- September 13, 2011: Four ethnic Shamsi of the Sharjah Appeal Court minority men were sentenced to death accepted the appeal after the victim for the latest spate of violent attacks in Misri Nazir Khan's blood relatives China's Central Asian borderlands. dropped their request for capital The sentences are the first tied to the punishment. July violence that left dozens dead in On March 28, 2010 the Sharjah Court of the far western region of Xinjiang. The First Instance had pronounced the four were sentenced to death by courts death sentence on the 17 Indian in Hotan and Kashgar, the cities where nationals, who were accused of killing the attacks occurred, the China Daily the Pakistani national in January 2009. newspaper said. (Sources: Zeenews.India.com, China says the incidents were organized 12/09/2011) terror attacks, but an overseas Uighur rights group says they were anti- BANGLADESH: 6 TO DIE FOR KILLING AL government riots carried out by angry LEADER citizens. September 11, 2011: In Bangladesh, The Chinese-language Xinjiang Legal Dhaka's Speedy Trial Tribunal -4 judge Daily said in a report on the Motahar Hossain sentenced six to death

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for killing Awami League leader Shahidul sentence by an indian court in a case of Islam Khan in Kishoreganj. The six are honour killing in which the bride's Mohammad Babul, 'Mamun', Abdur brother-in-law was murdered by her Rahim Khan, Mohammad Moazzem brothers and close relatives. Hossain Rubel, Mohammad Kabir The 'Shia' girl had married the brother Rabbani Jewel and 'Nobel'. The last of the victim, who belonged to 'Sunni' three, who are brothers, were sect, against the wishes of her family. sentenced in absentia. The court also Terming the case as the "rarest of rare", fined them Tk 50,000 each. Khan was additional sessions judge Bimla Kumari stabbed to death at Kishoreganj's awarded death penalty to Mohammed Sadullahchar on April 7, 2006. (Sources: Saleem, Shaheen Abbas, Sajid Wasim, NewsToday.com.bd, 12/09/2011) Shaheen Zargam Ali and Shabbir Kasim, for murdering Tariq, the brother of IRAQI BILL TO FORCE PRESIDENT TO Sadiq with whom the girl had married. SIGN DEATH SENTENCES "Since honour killing comes in the September 9, 2011: A leading member category of rarest of rare cases as held of Iraqi Prime Minister Nuri al-Maliki's by the Supreme Court, I have no option political party, Hussein al-Assadi, said a but to award the death sentence to all draft law is being prepared that would accused in respect of the offence under make it obligatory for president Jalal section 302 (murder) read with section Talabani to sign death sentences within 34 (common intention) of the IPC," the 15 days. Al-Assadi said that if the draft judge said. The court held all the law is adopted it would be retroactive accused guilty of murdering Tariq in July and allow Justice Ministry officials to 2008 in Ballimaran locality as a sequel to carry out the previously issued death the enmity which had developed after sentences without seeking the the couple had married. (Sources: president's approval. The number of Timesofindia.com, 08/09/2011) death sentences awaiting Talabani's approval is more than 500. (Sources: BANGLADESH: MAN HANGED FOR RFERL.org, 09/09/2011) KILLING WOMAN, SON September 6, 2011: ABM Nazmul Sakib, INDIA: COURT AWARDS DEATH TO FIVE alias Ashik, 32, a private tutor, was MEMBERS OF FAMILY executed in Jessore Central Jail in September 8, 2011: Five members of a Bangladesh for robbing and killing a family have been awarded death woman and her son.

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A gang of three robbers, led by Ashik, for reviewing diya in light of the killed the housewife and her son after increasing prices of camels, which were committing robbery at their house in used as blood money in the old Islamic Sonadanga sub-district in Khulna on age. According to Sharia rules, the heirs September 17, 2000, after they of a murdered person should be recognised Ashik as their tutor at the compensated with 100 camels. house. (Sources: Arab News, 07/09/2011; The Khulna District and Sessions Judge digitaljournal.com, 08/09/2011; Court sentenced Sakib to death by emirates247.com, 11/09/2011) hanging in 2002. The High Court and the Supreme Court upheld the verdict. BAHAMAS: DEATH SENTENCES TOSSED (Sources: Gulf Times, 07/09/2011) September 5, 2011: The Court of Appeal in the Bahamas ordered a retrial and SAUDI ARABIA TRIPLES BLOOD MONEY quashed the 2010 death sentences of September 6, 2011: Saudi Arabia has Edwin Bauld Jr and Wilfred McPhee for decided to triple diya, the money paid the murder of Police Corporal Eddison by a killer to the victim’s relatives under Bain, because of the comments made to Islamic law, but kept the sum for female the jury by the trial judge. victims at half that for male victims, Police found Bain’s body in a ditch near Asharq Al-Awsat newspaper reported. Casuarina Bridge in Grand Bahama on The Kingdom’s supreme judicial October 22, 2007. His ATM card and authority said it raised diya to vehicle were stolen, as well as $4,500 SR300,000 ($80,000) from SR100,000 from his bank account. (Sources: Nassau ($26,666) in accidental death and Guardian, 06/09/2011) SR400,000 ($106,666) in premeditated murder, the newspaper said. “The THAILAND: MALAYSIAN TRIO TO HANG increase in diya is in line with a recent FOR DRUG TRAFFICKING royal decision and it will be soon September 4, 2011: Three Malaysians enforced by all courts in the country… found in possession of 45kg of drugs diya for female victims will remain at were sent to the gallows in Songkhla, half that for male victims,” said Hamad Thailand. al Razeen, a judge at the general court Initial investigations revealed that the in Jeddah. Blood money values have drugs, produced in the southern Thai been static for the last 29 years. The province, were to be smuggled into Supreme Council of Scholars had called Malaysia for distribution.

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Thai police chief General Wichean The court convicted him of intentional Potephosree said the three suspects, injury May 13, 2010 and he was aged 19, 25 and 28, were detained at a sentenced to death. hotel room. All three suspects are from His hatred of women began after he Kedah. was convicted of theft and jailed for "We found three bags containing eight months in 1993. (Sources: methamphetamine, better known as Inewsone.com, 03/01/2011) 'ice', in the Sadao district”, Wichean said. UGANDA: SOLDIER TO HANG FOR "The trio claimed that an unidentified MURDER man had paid them to take the bags September 2, 2011: A UPDF soldier was across the border and that they didn't sentenced to death for murder in know what was inside the Uganda by the court martial. bags." (Sources: AsiaOne.com, Private Boniface Muhindo, was 04/01/2011) sentenced by the court which sat at the 5th Division headquarters at Acholi Pii, CHINESE EXECUTED FOR ATTACKING Pader district. FEMALE STUDENTS Muhindo, who has been attached to the September 3, 2011: A man who 5th Division garrison, was found guilty repeatedly stabbed female students of murdering Pte. Mathias Lugumba on over four years, leaving one dead and February 8, 2010 at Acholi Pii. 23 injured, has been executed in China. Court heard that Muhindo borrowed The execution took place in Chenzhou in sh20,000 from the deceased and when central China’s Hunan Province, he was asked to pay back, he refused reported Shanghai Daily. and hatched a plan to eliminate The vicious attacks had taken place Lugumba. between 2006 and 2009. Prosecution told court that on February Lei Haosheng slashed the students’ 8, 2010 when the victim went out, breasts and hips with syringes he had Muhindo ambushed him and shot him collected from trash bins so as to take in the chest three times. revenge on his girlfriend who had Muhindo’s lawyer, Lt. Augustine reported a theft he had committed. Tumwebaze, had prayed for a lenient Lei was caught May 10, 2009. sentence, saying Muhindo was a first- time offender.

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However, state prosecutor Capt. Juuko Musa asked for a tough sentence since some soldiers had made it a habit to kill fellow soldiers over petty issues. News from International (Sources: New Vision, 02/01/2011) NGOs - September 2011

JAPAN: NEW JUSTICE MINISTER WON'T PRI STATEMENT ON WORLD DAY OK EXECUTIONS IN NEAR FUTURE AGAINST THE DEATH PENALTY September 2, 2011: Newly appointed (10 October 2011) Penal Reform Japan’s Justice Minister Hideo Hiraoka, International (PRI) uses the opportunity speaking at his first news conference of the ninth World Day Against the said that he had no plans to approve Death Penalty to publish the “London any executions of death-row inmates in Declaration”, adopted at the conference the foreseeable future. “Progressing toward abolition of the No condemned convicts have been death penalty and alternative sanctions executed in Japan for more than a year. that respect international human rights Currently, Japanese prisons have 120 standards” on 19 and 20 September. inmates on death row — the highest “While it is gratifying that the world is figure in recent history. Since the last moving closer to universal abolition, execution was carried out 13 months executions continue to take place and ago, 16 new death sentences have been the death penalty is retained in almost handed down by courts. Of these, eight all regions of the world,” states Alison cases involved rulings in which citizen Hannah, Executive Director of PRI. jurors took part. “The death penalty has no place in Hiraoka said there was a growing civilised society and the World Day movement worldwide to abolish the Against the Death Penalty is a golden death penalty and said he wants to opportunity for those states that still study both sides the issue more deeply. retain the death penalty to commit to “The death penalty is always a last establishing a moratorium on resort and I must be extremely cautious executions and to taking legal steps about making a decision to approve an towards full abolition in law,” stresses execution. For the time being, I can’t Alison Hannah. see any executions going On 19 and 20 September, PRI had ahead.” (Sources: JapanToday, convened 100 experts from 31 countries 04/09/2011)

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in London to discuss global trends Death Penalty, and Jacqueline towards abolition of the death penalty Macalesher from Penal Reform at a conference, held at the European International. You can listen to the Commission’s Representation to the podcast on the FCO website or via United Kingdom. iTunes. The conference was concluded with the For more information on events to mark adoption of the London Declaration, the World Day Against the Death echoing the determination of the Penalty please click here http:// participants to move towards the www.worldcoalition.org/Calendar-of- abolition of the death penalty and the events.html implementation of alternative sanctions that respect international human rights. Also marking the international Day PRI SUBMISSION TO THE CRC DAY OF Against the Death Penalty, PRI’s Central GENERAL DISCUSSION ON THE Asia office will be hosting a students' CHILDREN OF IMPRISONED PARENTS debate on the abolition of the death PRI submits position paper to the penalty followed by the screening of the Committee on the Rights of the film "No to the Death Penalty!" at the Child’s Day of General Discussion (30 Kazakhstan Humanitarian & Juridical September 2011) on the situation of University in Astana. A press release for children of imprisoned parents. the event can be downloaded here. The paper entitled “Protecting Children Furthermore, PRI participated in a in Prison with a Parent – Implement and podcast on the abolition of the death Develop the Bangkok Rules” calls on penalty available through the Foreign & policy makers and practitioners around Commonwealth Office. Chaired by the the world to urgently address the issue FCO’s Head of Human Rights Louise de of babies and young children born, living Sousa, this podcast focuses on the and/or growing up inside prisons. The theme of minimum standards on the ‘Bangkok Rules’), adopted by the UN use of the death penalty, as well as General Assembly in December 2010, opportunities for future action on the have introduced a set of instructions for death penalty. Participants include policymakers and practitioners dealing Professor Roger Hood from the with this issue in the context of women University of Oxford, Baroness Vivien prisoners. These act as a basic Stern, Chair of the All Party international framework within which to Parliamentary Group for Abolition of the assess, amongst other issues, whether

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the penitentiary system is equipped to ‘Bangkok Rules’), adopted by the UN comply with dependent children’s needs General Assembly in December 2010, when imprisoned with their parent. have introduced a set of instructions for View other Civil Society Submissions policymakers and practitioners dealing http://www2.ohchr.org/english/bodies/ with this issue in the context of women crc/discussion2011_submissions.htm prisoners. These act as a basic and the Programme > http:// international framework within which to www2.ohchr.org/english/bodies/crc/ assess, amongst other issues, whether docs/2011CRC_DGD_DraftPoW.pdf the penitentiary system is equipped to PRI Submission for CRCDGD on Children comply with dependent children’s needs of Incarcerated Parents when imprisoned with their parent. http://www.penalreform.org/files/ Penal%20Reform%20International% 20Submission%20for%20CRCDGD% PRI SUBMITS COMMENT ON THE RIGHT 20FINAL.pdf TO REDRESS FOR VICTIMS OF TORTURE Press Release Day of General PRI attends OSCE HDIM meeting to Discussion_NGO Group for the CRC.pdf discuss the role of civil society in http://www.penalreform.org/files/ prevention of torture and ill treatment Press%20Release%20Day%20of% PRESS RELEASE 20General%20Discussion_NGO% How to step up torture prevention in 20Group%20for%20the%20CRC.pdf alliance with NGOs Ahead of the OSCE Human Dimension Implementation Meeting in Warsaw PRI SUBMITS POSITION PAPER TO THE from 26 September to 7 October 2011, COMMITTEE ON THE RIGHTS OF THE Penal Reform International (PRI) CHILD’S DAY OF GENERAL DISCUSSION stresses the important role of civil (30 September 2011) on the situation of society in the prevention of torture and children of imprisoned parents. ill-treatment. The paper entitled “Protecting Children “By their very nature prisons are in Prison with a Parent – Implement and isolated places. The regular presence of Develop the Bangkok Rules” calls on monitors, coming in from outside with policy makers and practitioners around independent eyes and ears, has proven the world to urgently address the issue crucial to prevent torture and ill- of babies and young children born, living treatment”, stresses Alison Hannah, and/or growing up inside prisons. The

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Executive Director of Penal Reform rather boosts the efficiency of torture International. prevention”, notes Tsira Chanturia, PRI’s Over decades, the burden of monitoring Regional Director for the South places of detention has rested entirely Caucasus. on NGOs. “No matter how well a national “The adoption of the Optional Protocol preventive mechanism is resourced, it to the Convention Against Torture cannot be everywhere at all times.” (OPCAT) was a crucial step forward. It PRI highlights independence as another means that states have to take up key benchmark for the credibility and responsibility of their own when it efficiency of a monitoring mechanism - comes to monitoring places of institutionally, personally and detention”, says Alison Hannah. financially. The UN Convention obliges states to “A proper and transparent procedure to establish an independent monitoring appoint the members of the monitoring body (so-called National Preventive body is crucial. It is compelling as for to Mechanism - NPM), entitled, amongst the true independence of this body,” others, to show up at any place of flags Saule Mektepbayeva, Regional detention any time and speak to any Director for Central Asia who is closely person detained in private. monitoring the current discussions in “However, proper implementation is as Kazakhstan and Kyrgyzstan. important as signing the treaty and we “If governments are serious about have seen flawed implementation in prevention of torture and of impunity, various regards.” they need to ensure that monitors are For example, PRI is concerned that on selected based on their expertise and occasion the creation of an NPM has independence. States cannot handpick resulted in the exclusion of non- those who are supposed to scrutinize governmental organisations from places them.” of detention altogether. This has been “A range of countries, unfortunately, the case in Georgia, where the have still not brought themselves to implementation of the UN Convention ratify OPCAT and others have been has been used as an argument to keep going back and forth discussing how the NGOs shut out from access to prisons. National Preventive Mechanism should “The co-existence of NGOs alongside look like,” adds Vika Sergeyeva, Head of the body created to implement the UN PRI’s Moscow Office. convention does not jeopardize, but

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“It is disappointing, for example, that an all places where people are deprived of initiative in Ukraine to set up a their liberty. preventive mechanism in Ukraine seems The convention establishes an to somehow have dozed off entirely. international visiting body, the Sub- Since ratification dates back 5 years Committee for the Prevention of now, it is high time to revive these Torture (SPT) and obliges states parties efforts without delay.” to establish a so-called National Resource persons Prevention Mechanism (NPM) entitled Alison Hannah, Executive Director, Tel. to undertake regular and unannounced +44-75.00.03.94.72 visits of all places where people are PRI’s Regional Directors are also deprived of their liberty. available for interviews. Please contact OPCAT entered into force following the PRI’s office for contact information at required twentieth ratification of the +44-20-72.47.65.15: convention, on 22 June 2006. Eighty- - Saule Mektepbayeva for Central Asia one states have since acceded, signed or (Kazakhstan, Kyrgyzstan, Tajikistan) ratified the convention. - Vika Sergeyeva for Eastern Europe The prevention of torture and ill- (Belarus, Russia, Ukraine) treatment will be discussed at the OSCE - Tsira Chanturia for the South Caucasus Human Dimension Implementation (Armenia, Azerbaijan, Georgia) Meeting in Warsaw on 28 September in Background the afternoon in Working session 5. In 2003, the international community Penal Reform International (PRI) is an adopted the Optional Protocol to the international non-governmental Convention Against Torture (OPCAT). organisation working on penal and This convention seeks to fill the gap of a criminal justice reform worldwide. PRI preventive mechanism which would, by has regional programmes in the Middle way of regular unannounced visits to East and North Africa, Central and places of detention, detect structural Eastern Europe, Central Asia and the deficiencies resulting in torture and ill- South Caucasus. To receive our monthly treatment and overcome impunity for newsletter, please sign up at http:// such human rights violations. www.penalreform.org/keep-informed. To this end, OPCAT for the first time introduced an innovative two-tier approach of a national and an DEATH PENALTY LOSES POPULARITY international system of regular visits to WORLDWIDE

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On 19 and 20 September, Penal Reform known to have been carried out in the International (‘PRI’) brought 120 people region. from retentionist countries to London to “The Arab Spring has created a golden discuss global trends towards abolition opportunity for safeguarding civil of the death penalty. liberties, and attention is turning PRI Chair, David Daubney, described this towards criminal justice reforms conference as “an opportunity to inspire including abolition of the death decision- and policy-makers in death penalty,” stressed Taghreed Jaber, PRI penalty countries to identify new ways Middle East Director. “This conference of harmonising their criminal justice will be a fundamental building-block on systems with evolving standards and the path towards abolition in Arab values that indicate that the death states and at the global level.” penalty has no place in civilised society.” Syrian MP and leading Islamic Scholar, While two-thirds of the world’s states Dr Mohamad Al Habach, attended the have already abolished the death conference to address the penalty in law or in practice, those who misconceptions surrounding Sharia Law continue to retain it are taking positive and the death penalty. “Almost all Arab steps to reduce or restrict its application states justify the use of the death in law or in practice, reflecting its penalty as an explicit link to Islam. But in declining use. practice, the crimes punishable by death “The death penalty violates the go far beyond what has been provided fundamental right to life,” said for in Sharia law.” Daubney, “and amounts to torture, The trend towards abolition is truly cruel and inhuman punishment. It is significant. The death penalty has been time for the world to eradicate this around for thousands of years however harsh and irrevocable form of a new dynamic has been at work during punishment that has very little or any the last 50 years. The abolitionist effect on changing criminal behaviour, movement had been embraced across and to develop a more evolved criminal the globe by many different political justice system that aims to tackle the systems, peoples and cultures: root causes of crime and violence.” • There are fewer executions than ever The Arab region is one of the most before: in 2010, only 23 states actually notorious executers in the world. In carried out an execution. 2010, at least 378 executions were • States are taking legal steps to reduce the number of death penalty applicable

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crimes: China removed 13 of 68 death Speakers who would be available for pre penalty crimes from its Criminal Law in -record or live broadcast interviews: December 2010. • Bryan Stevenson, Equal Justice • Support for a moratorium is growing: Initiative, Alabama, USA in December 2010, 104 states voted in • Taghreed Jaber, Middle East Regional favour of a resolution at the United Director, Penal Reform International Nations General Assembly calling for a • David Daubney, Chair Penal Reform moratorium on the death penalty. International • 82 states have ratified international • Alison Hannah, Executive Director and regional instruments calling for Penal Reform International abolition of the death penalty. • Dupe Atoki, Commissioner for Human • Even the United States, to which many Rights, African Commission, Nigeria retentionist countries point to in • Renny Cushing, Murder Victims’ support of their position, presents a Families for Human Rights, USA varied picture on the death penalty. 16 • Roger Hood, Oxford University of their 50 states are abolitionists in law • Olawale Fapohunda, West African (Illinois being the 16th state on 9 March Human Rights Forum, Nigeria 2011). Of the 34 states that retain • Andrew Coyle, International Centre for capital punishment, only 12 carried out Prison Studies executions in 2010. • David Sellwood, Reprieve, UK Participants included representatives Notes: from the Arab world, Africa, the United International conference “Progressing States, Eastern Europe, Central Asia and toward abolition of the death penalty the South Caucasus, the United Nations, and alternative sanctions that respect the European Union, the African international human rights standards” Commission on Human and Peoples’ will be held on 19 and 20 September, Rights, the Arab League, Amnesty 2011 at the European Commission International, Murder Victims' Families Representation in the UK, 32 Smith for Human Rights and Reprieve. Square, London SW1P 3EU. Contact: A copy of the agenda can be Miss Jacqueline Macalesher, Death downloaded here: http:// Penalty Project Manager www.penalreform.org/pri-multi- Penal Reform International regional-conference [email protected] / 020 PRI have been working on abolition of 7247 6515 / 07786 030 146 the death penalty for the last 20 years.

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PRI’s current programme of work aims NGOs against torture are pleased to to positively challenge society’s announce that on 14 September 2011 in attitudes in relation to the effect and Astana a round table will be held on efficacy of the death penalty and to «Improvement of mechanisms to support governments and other investigate cases of torture in the stakeholders in progressing towards Republic of Kazakhstan». The event is abolition through legal and policy kindly supported by the European reforms. It aims to challenge the Union. unacceptable forms of life The Main goal of event is to assess the imprisonment and life without the current situation and progress on the option of parole (LWOP) as an reforms made by the State in order to alternative sanction to the death prevent torture, particularly in penalty, and to increase human rights strengthening mechanisms to safeguards and promote better investigate cases of torture. Participants transparency and accountability in will discuss investigative jurisdiction of criminal justice systems. torture, the distribution of functional This programme of work is being carried responsibilities between the out in 19 countries across 5 regions: prosecution and law enforcement Central Asia (Kazakhstan, Kyrgyzstan agencies, public participation in the and Tajikistan); East Africa (Kenya and investigation of torture, and ensuring Uganda); Eastern Europe (Belarus, transparency of procedural safeguards. Russia and Ukraine); Middle East and Read the full Press Release here http:// North Africa (Algeria, Bahrain, Egypt, www.penalreform.org/files/PR% Jordan, Lebanon, Morocco, Tunisia and 20Astana%20Roundtable% Yemen); and South Caucasus (Armenia, 20Strengthening%20of%20Institutions% Azerbaijan and Georgia). 20and%20Capacity%20Building%20to% 20Prevent%20Torture%20in%209% 20countires%20of%20the%20CIS.doc PRI HOSTED ROUND TABLE ON IMPROVEMENT OF MECHANISMS TO INVESTIGATE CASES OF TORTURE IN SHARING BEST PRACTICES ON THE REPUBLIC OF KAZAKHSTAN. RATIFYING THE UN TREATY TO ABOLISH PRESS RELEASE THE DEATH PENALTY Penal Reform International (PRI) Central Article by Aurélie Plaçais published on Asia and the Coalition of Kazakhstan September 25th, 2011

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Belgium and the United Nations’ human Political Rights.” rights office have held a panel “The Protocol is making progress” discussion to promote efforts in favour Marc Bossuyt , President of the Belgian of the strongest international Constitutional Court, and former special instrument against capital punishment. rapporteur responsible for drafting the “To mark the twentieth anniversary of Second Optional Protocol recalled that the entry into force of the Second the vote for the adoption of the Optional Protocol to the International Protocol by the United Nations General Covenant on Civil and Political Rights in Assembly in 1989 was “difficult” and July 2011, States should multiply their that only 59 countries had voted in efforts to secure increased ratification favor. 20 year later, progress has been of this international human rights made as 73 states have ratified and instrument” stated the report of the UN more states are considering ratifying it. Secretary General on the death penalty Mongolia is among them and that was presented during the 18th Chuluunbaatar Sosormaa, Human Rights session of the Human Rights Council in Policy Advisor to the President of Geneva. Mongolia explained that a bill has been To answer this call, Belgium organized a presented to the Parliament in June this panel discussion on “Sharing best year but the discussion was postponed. practices on ratifying the Protocol” with “International support is very important, the support of the Office of the High especially from the UN, the EU and the Commissioner for Human Rights and the worldwide movement. Recent abolitions World Coalition against the Death in Russia and ratifications in Central Asia Penalty on 19 September. are also very good examples for In her opening statement, Mona Mongolia.” Rishmawi, Chief Rule of Law of the Noura Borsali, a member of the Tunisian Office of the High Commissioner for High Instance for the Revolution said Human Rights said: “About 140 of the that since the revolution, the question 192 States Members of the United of the ratification of the Protocol has Nations are believed to have abolished been discussed and she was confident the death penalty or introduced a that it will be further discussed either by moratorium either legally, or in practice. the transitional government or after the However, only 73 States have ratified adoption of the new constitution. the Second Optional Protocol to the She also recognized that civil society, International Covenant on Civil and and especially the Tunisian Coalition

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against the Death Penalty, has been first international treaties that Iran has in raising the issue. signed up to. It is high time for the Christoffel Heyns, Special rapporteur on Iranian authorities to take their extrajudicial, summary or arbitrary international obligations seriously and executions insisted that the Protocol immediately stop executing teenagers," was important as it was the only UN she added. legal framework that clearly banned the Alireza Molla-Soltani was hanged at use of the death penalty. around 4.55 am in Karaj’s Golshahr Square, where the incident happened. An official commenting afterwards said IRAN EXECUTES TEENAGER ACCUSED that Alireza Molla-Soltani was over 18 OF KILLING “IRAN’S STRONGEST MAN” according to the Islamic calendar which 21 September 2011 has a shorter year and that there was no A 17-year old convicted of killing an reason for the execution not to be athlete known as “Iran’s strongest man” carried out. was publicly hanged in the city of Karaj, Amnesty International has previously near Tehran on Wednesday. urged the Iranian authorities to halt the Alireza Molla-Soltani was sentenced to execution and to review Alireza Molla- death last month for stabbing Ruhollah Soltani’s case. Dadashi, a popular athlete during a The boy was arrested a day after driving dispute on 17 July. The 17-year Ruhollah Dadashi reportedly punched old said he panicked and stabbed Alireza Molla-Soltani in the mouth and Ruhollah Dadashi in self-defence after slammed him against the car while the the athlete attacked him in the dark, two were arguing. according to local media reports. Shortly after Alireza Molla-Soltani was “The execution of a 17-year old is arrested, a state prosecutor called for “a deeply shocking, particularly when speedy resolution” of the case. A court carried out in public, which brutalises all in Karaj convicted the boy of those involved, including those who “intentional murder” and on 20 August witness it,” said Hassiba Hadj Sahraoui, sentenced him to “retribution” by Amnesty International’s Deputy Director hanging in public. Iran’s Supreme Court for the Middle East and North Africa. upheld the death sentence on 11 “Executing juvenile offenders – September. whatever their age at the time of “While we acknowledge the seriousness execution - is strictly forbidden under of the crime for which Alireza Molla-

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Soltani was convicted, hanging a minor hands of state officials following a court for acting in what appears to be self- conviction is a form of state execution. defence is wrong and legally dubious, ” said Hassiba Hadj Sahraoui. According to the International Covenant RELEASE OF US HIKERS IN IRAN A on Civil and Political Rights and the "LONG OVERDUE" STEP Convention on the Rights of the Child, Shane Bauer and Josh Fattal had been international treaties to which Iran is a detained for over two years state party, sentencing someone under 21 September 2011 the age of 18 at the time of their The release of the two US hikers offence to death is unlawful. imprisoned for more than two years in Iran is one of the very few countries still Iran is a long overdue development, to execute juvenile offenders. Two Amnesty International said today. were executed in the southern port of "It is a welcome – if long overdue – step Bandar Abbas in April this that the Iranian authorities have finally year. Amnesty International also seen sense and released Shane Bauer received reports that a third, 16-year- and Josh Fattal," said Hassiba Hadj old Hashem Hamidi, was executed near Sahraoui, Amnesty International Deputy Hamidiya, Khuzestan province in Director for Middle East and North April. The authorities did not announce Africa. "They must now be allowed to his execution. leave Iran promptly to be reunited with Amnesty International has recorded their families." over 400 executions this year, over 30 of "All available evidence strongly suggests which took place in public. At least 96 that the Iranian authorities have known executions have been reported since all along that these men were not spies the start of the month. Not all these and should have been released. They executions have been acknowledged by should now release all prisoners of the authorities. conscience held simply for peacefully Iran contends that hanging for murder is expressing their views." not an execution but a form of personal The pair, who were arrested while “retribution” by the victim’s blood hiking in the Iraq-Iran border area in July relatives, for which the state is not 2009, were detained in a Tehran prison responsible. for more than two years before a court This contention is not accepted under recently sentenced them to eight years international law, as any death at the in prison for "illegal entry" and

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"espionage". The release came on the same day a 17-

year-old convicted of killing an athlete was publicly hanged in the city of Karaj, near Tehran. Amnesty International had called on the authorities to halt the

execution, which is a gross breach of international law.

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