DEATH PENALTY NEWS ACT 53/001/2009 INSIDE GLOBAL PAGE 1 AFRICA PAGE 4 DEATH PENALTY AMERICAS PAGE 57 ASIA PAGE 10 NEWS EUROPE AND CENTRAL ASIA MAY-DECEMBER 2008 PAGE 13 MIDDLE EAST AND NORTH AFRICA PAGE 13 GLOBAL UNITED NATIONS: SECOND RESOLUTION ON MORATORIUM ON IN THIS ISSUE EXECUTIONS This issue of Amnesty International’s “Death Penalty News” provides updates on major Over one hundred countries voted overwhelmingly in favour of a death penalty developments that second resolution on "Moratorium on the use of the death occurred between 15 May 2008 penalty" at the United Nations (UN) on 18 December 2008. The and 31 December 2008. It resolution, reaffirming last year's UN General Assembly call for a features updates on Afghanistan, moratorium on executions, is non-binding on states and was co- Australia, China, Democratic sponsored by 89 states from around the world. In the Arab Republic of Congo, Ethiopia, League, several states, Bahrain, Jordan, Oman, Mauritania and Indonesia, Iran, Jamaica, Japan, the United Arab Emirates, abstained rather than voting no. Lebanon, Liberia, Malaysia, Mali, Nigeria, Pakistan, Saint Kitts and The voting list is the following: Nevis, Sudan, Taiwan, USA, Uzbekistan and Vietnam. In favour (1061): Albania, Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Benin, Bolivia, It also includes reports on the Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, resolutions on the death penalty Burundi, Cambodia, Canada, Cape Verde, Chile, Colombia, adopted by the United Nations Congo, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech General Assembly, the African Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Commission on Human and Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, People’s Rights and the Council of Greece, Guinea-Bissau, Haiti, Honduras, Hungary, Iceland, the International Bar Association Ireland, Israel, Italy, Kazakhstan, Kyrgyzstan, Latvia, Human Rights Institute. Liechtenstein, Lithuania, Luxembourg, Madagascar, Mali, Malta, 1 After the vote, the representative of Ethiopia noted that,his delegation had mistakenly voted in favour, whereas it had meant to vote against the resolution. 1 FEBRUARY 2009 ACT 53/001/2009 DEATH PENALTY NEWS SIXTH WORLD DAY Marshall Islands, Mauritius, Mexico, Micronesia (Federated States of), Monaco, Montenegro, Mozambique, Namibia, Nauru, AGAINST THE DEATH Nepal, Netherlands, New Zealand, Nicaragua, Norway, Palau, PENALTY Panama, Paraguay, Peru, Philippines, Poland, Portugal, On 10 October 2008 to mark the Republic of Moldova, Romania, Russian Federation, Rwanda, sixth annual World Day against the Samoa, San Marino, Sao Tome and Principe, Serbia, Slovakia, Death Penalty, Amnesty Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, International and the World Switzerland, Tajikistan, The former Yugoslav Republic of Coalition against the Death Macedonia, Timor-Leste, Penalty (WCADP), called for an end to capital punishment in the Turkey, Turkmenistan, Tuvalu, Ukraine, United Kingdom, Asia Pacific region. Uruguay, Uzbekistan, Vanuatu, Venezuela. Amnesty International and the Against (46): Afghanistan, Antigua and Barbuda, Bahamas, WCADP targeted six countries. Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, India, South Korea and Taiwan China, Comoros, Democratic People’s Republic of Korea, were chosen because they have Dominica, Egypt, Grenada, Guyana, India, Indonesia, Iran, Iraq, been making good progress Jamaica, Japan, Kuwait, Libya, Malaysia, Maldives, Mongolia, towards abolition of the death Myanmar, Nigeria, Pakistan, Qatar, Saint Kitts and Nevis, Saint penalty, where Japan, Pakistan Lucia, Saint Vincent and the Grenadines, Saudi Arabia, and Vietnam were progress has Singapore, Solomon Islands, Sudan, Swaziland, Syria, Thailand, been very limited. Tonga, Trinidad and Tobago, Uganda, United States, Yemen, Zimbabwe. Every 10 October since 2003, national and international Abstain (34): Bahrain, Belarus, Bhutan, Cameroon, Central institutions and NGOs have rallied African Republic, Cuba, Djibouti, Eritrea, Fiji, Gambia, Ghana, together to oppose the use of the Guatemala, Guinea, Jordan, Kenya, Lao People’s Democratic death penalty and to remind the Republic, Lebanon, Lesotho, Liberia, Malawi, Mauritania, world that its abolition is a Morocco, Niger, Oman, Papua New Guinea, Republic of Korea, universal struggle. Since its Senegal, Sierra Leone, Suriname, Togo, United Arab Emirates, launch, the World Day has seen United Republic of Tanzania, Viet Nam, Zambia. hundreds of initiatives organised in more than 60 countries across Absent (6): Chad, Democratic Republic of the Congo, Equatorial five continents. These have Guinea, Kiribati, Seychelles, Tunisia. included debates, concerts, press conferences, demonstrations, petitions, and educational and cultural activities. Amnesty International organized events and activities to mark the day in over twenty-seven countries. 2 FEBRUARY 2009 ACT 53/001/2009 THE COUNCIL OF THE INTERNATIONAL BAR ASSOCIATION HUMAN RIGHTS INSTITUTE WILL ACTIVELY PROMOTE THE ABOLITION OF THE DEATH PENALTY On 15 May 2008 the Council of the International Bar Association Human Rights Institute adopted a resolution on the worldwide abolition of the death penalty. The resolution called on all the countries in the world to establish a moratorium on executions and take steps towards the complete abolition of the death penalty, and further resolves that “the Human Rights Institute shall in the future actively promote the abolition of the death penalty and, pending its abolition, insist on strict observance of the international legal limitations on its application.” 3 FEBRUARY 2009 ACT 53/001/2009 DEATH PENALTY NEWS AFRICAN COMMISSION CALLS FOR A AFRICA MORATORIUM ON EXECUTIONS DEMOCRATIC REPUBLIC OF CONGO—EIGHT The African Commission on DEATH SENTENCES HANDED DOWN IN TWO HIGH- Human and Peoples' Rights PROFILE MURDER CASES (African Commission) has adopted a resolution calling on African According to reports from UN-backed Okapi, on 21 May 2008 States to observe a moratorium on three people were sentenced to death by the military appeal the death penalty. court in Bukavu for the June 2007 murder of Serge Maheshe. Two other men, friends of Serge Maheshe, who had been The resolution expressed concerns sentenced to death in the first trial, were acquitted by the about the failure of some African appeal court. states "to give effect to the UN resolutions and African The sentencing to death of the three people was widely Commission's own 1999 condemned, including by the UN Mission to the DRC (MONUC) resolution calling for a moratorium which said that "not everything had been done to uncover the on executions", and about the truth". The then UN High Commissioner for Human Rights application of "the death penalty Louise Arbour criticised the use of military courts, which in conditions not respectful of the continue to judge civilians in violation of international law and right to a fair trial guaranteed the Congolese Constitution, and deplored the refusal of the court under the African Charter on to explore different hypotheses or ask for ballistic tests. Human and Peoples' Rights and other relevant international During the appeal, defence lawyers and independent observers norms". received anonymous threats, including death threats (see Amnesty International Urgent Action AFR 62/003/2008, 01 By adopting the resolution, the May 2008). African Commission has aligned itself with the global trend towards On 22 September 2008 a military court in Kinshasa sentenced abolishing the death penalty, and to death three soldiers and two civilians (one in absentia) for the supported the call for retentionist murder of Daniel Boteti, members of the opposition party African states to observe a “Movement for the Liberation of Congo (MLC)”, on 6 July 2008. moratorium on executions as the first necessary step towards abolition. The AU member states that have executed in the recent past are: Botswana; Egypt; Equatorial Guinea; Ethiopia; Libya; Nigeria; Somalia; Sudan; Uganda. 4 FEBRUARY 2009 ACT 53/001/2009 ETHIOPIA—DEATH SENTENCE COMMUTED AS LIBERIA—DEATH PENALTY PART OF NEW YEAR’S CELEBRATIONS REINTRODUCED FOR ARMED ROBBERY, The President of Ethiopia Girma Woldegiorgisse commuted a TERRORISM AND death sentence to life imprisonment as part of the celebrations HIJACKING for the country’s New Year on 10 September 2008. On 22 July 2008 the President of Liberia Ellen Johnson Sirleaf signed into law an Act that reintroduced into the Liberian Penal code the death penalty for ETHIOPIA—MENGISTU SENTENCED TO DEATH armed robbery in cases that result in death. On 26 May 2008 Ethiopia’s Supreme Court sentenced former ruler Mengistu Haile Mariam and other 18 officials to death for Liberia is state party to the genocide and other crimes against humanity. Second Optional Protocol to the International Covenant on Civil Mengistu is living in exile in Zimbabwe, while the other 18 and Political Rights, which officials are all in custody in Ethiopia. Under Ethiopian law, the commits nations to the permanent President must approve the death sentences before execution abolition of the death penalty. dates are set. After the Act was signed into law, human rights organizations and other governmental bodies MALI—BILL TO ABOLISH THE DEATH PENALTY expressed their concern at the POSTPONED reintroduction of the death penalty in Liberia. The UN Human Rights The draft bill to abolish the death penalty currently filed