China says Filipino drug mules handled according to law

China said Tuesday it was handling the cases of 5 Filipinos sentenced to death for drugs offences according to law, after Manila linked their fate to its no-show at the Nobel peace prize ceremony.

Philippines President Benigno Aquino told a newspaper that staying away from Friday's ceremony in Oslo to honour peace laureate Liu Xiaobo had been "in our national interest" -- a reference to convicted Filipinos in China.

"China's judiciary handled the cases of the 5 Philippine drug traffickers independently and in accordance with law," foreign ministry spokeswoman Jiang Yu told reporters when asked about Manila's no-show in Norway.

"Their rights have been ensured and we have been following the conventions on consular affairs and regular Chinese laws and regulations," Jiang said.

"We will update the Philippine side on the case in a timely manner and provide necessary assistance and convenience for Philippine consular officials."

Beijing has expressed its fury at the honour given to Liu, who was sentenced in December 2009 to 11 years in prison on subversion charges after co-authoring a bold petition that calls for political reform in 1-party China.

It had attempted to dissuade countries from attending the award ceremony, warning of unspecified consequences.

The Daily Inquirer said Aquino had written to Beijing seeking clemency for the five Filipinos, who were handed the death penalty for drugs trafficking.

"It's in our national interest that we do not, at this time, send a representative to the Nobel award rites," he told the paper ahead of the ceremony.

Aquino's spokesman Herminio Coloma and foreign department spokesman Eduardo Malaya confirmed the president was referring to a bid to obtain clemency for the 5.

The official reason for the no-show was a scheduling clash but several top-level officials have admitted privately that Manila wanted to appease Beijing.

Source: Agence France-Presse, December 14, 2010

Philippines skipped Nobel over China death verdict

MANILA, Philippines (AP) — President Benigno Aquino III said the Philippines did not send a representative to the Nobel Peace Prize ceremony honoring a jailed Chinese dissident because of his efforts to spare Filipinos on death row in China.

Aquino said in an interview published in the Philippine Sunday Inquirer that his envoy's absence at the ceremony in Norway on Friday did not mean his government is not championing democracy and human rights.

"Our interest (is) to advance our citizens' needs first," he told the newspaper in his first comments since human rights activists criticized the Philippines' decision to boycott Friday's ceremony with China and 16 other countries.

China was outraged at the award for democracy advocate Liu Xiaobo, demonizing him in state media and portraying the Nobel as a Western propaganda tool to undermine China. It sought to persuade and pressure other countries to not attend the ceremony, and nearly all the boycotters were close China allies and trading partners.

Chinese Ambassador Liu Jianchao has said his government did not pressure or influence the Philippines.

Philippine Foreign Secretary Alberto Romulo also said that Manila's move should not be interpreted as "taking sides with China."

He told reporters Thursday that his government remains "clear and consistent to its fight for human rights," citing its campaign in the Association of Southeast Asian Nations for the release of Nobel peace laureate Aung San Suu Kyi, Myanmar's pro-democracy leader. The military junta there released her from a lengthy detainment last month.

Aquino said he already sent a letter to the Chinese government seeking clemency for five Filipinos sentenced to death for drug trafficking.

The Foreign Affairs Department said the death sentences were under review by China's highest court. If clemency is granted, the sentences could be commuted to life imprisonment.

The Philippines has no death penalty, while China executes more prisoners than any other country and applies capital punishment to a range of crimes.

Aquino also said that the Philippines was seeking a "closure" with China over the killings of eight Hong Kong tourists during a hostage crisis Aug. 23 in Manila. The police response to the hostage-taking was widely criticized as inept, and it damaged the countries' diplomatic relations.

Aquino said Vice President Jejomar Binay was expected to meet with Chinese officials next week to discuss the results of the investigation into the hostage deaths.

China has been investing in the Philippine economy, particularly infrastructure projects, but the two countries are also facing off in the hotly disputed South China Sea islands, where the United States is promoting the peaceful resolution of territorial disputes.

Source: The Associated Press, December 12, 2010

Liu Xiaobo, a professor of literature, is serving an 11-year sentence in a Chinese prison for "inciting subversion of state power"; Not allowed to travel to Norway to accept his Nobel Peace Prize

Oslo, Norway (CNN) -- An imprisoned Chinese dissident was awarded the Nobel Peace Prize in Oslo, Norway, on Friday as groups of protesters gathered outside the Norwegian Embassy and United Nations offices in Beijing.

China has responded furiously since the Nobel committee announced on October 8 that Liu Xiaobo would be its peace prize winner. Officials have repeatedly called Liu a common criminal and declared the award a Western plot against China.

A large number of officers also stood guard outside the west central Beijing apartment complex where Liu Xiaobo's wife, Liu Xia, has been under house arrest since the award was announced. Journalists were cordoned off in a small area next to the building.

The police presence outside the Norwegian Embassy in Beijing had also increased early Friday.

Liu, a professor of literature, is serving an 11-year sentence in a Chinese prison for what the government called "inciting subversion of state power." He was not allowed to travel to Norway to accept the prize, nor was his wife, Liu Xia.

He will be represented by an empty chair at the Nobel ceremony, the second time such a symbol has been used in the event.

Click here to read the full story and view related videos.

Source: CNN.com, December 10, 2010

Mohammad Mostafaei's Speech at the French Bar Association Against Executions on the occasion of the International Day Against The Death Penalty

Mohammad Mostafaei

The International Day Against Execution does not belong to a specific case or person who is condemned to execution or stoning, this day belongs to all those who were executed in the past and it belongs to all those who are waiting on death row across the world.

To begin with, let me rekindle the memories of my own teenage clients Behnam Zare, Delaram Darabi, Behnood Shojae and others who have unjustly and only on the basis of the establishment's vindictiveness and vengefulness been hanged.

And let me thank the ECPM and the French Bar Association for helping all the people in the countries who take steps against human rights conventions and take the lives of other human beings.

Victor Hugo says "You insist on the example [of the death penalty]. Why? For what it teaches. What do you want to teach with your example? That thou shalt not kill. And how do you teach thou shalt not kill? By killing?"

Those pro capital punishment and those against, each have their own reasons to accept or reject capital punishment which is worth discussing and much has been written and spoken about this.

Apart from these pro and against arguments and reasonings, man who is not the life giver should not be allowed to take life. The death penalty is irreversible and it is possible that an innocent person is executed.

It is useless and ineffective in preventing crime, it is violent and does not intimidate. It contradicts the civilised society's norms and values.

Those who support capital punishment say that it defends society and brings about security, it is necessary to bring about justice and safeguard honour and reason. I agree with the first part. If one thinks deep, it can be concluded that execution is a means by which those who have the power, despots and dictators on one side and those who are unable to meet the internal challenges of the society on the other hand, kill in order to remain in power. Rulers who in the name of Islam and using it as their justification commit crimes against humanity.

Without showing any remorse, they consider stoning a domestic issue and intend to carry out such a barbaric and inhumane punishment.

Only Nigeria and Islamic Republic have not removed such an inhumane punishment form their penal code but the rulers of Islamic republic actively pursue this outrageous punishment.

Based on my own experiences speaking as someone who has managed to save fifty people from the death penalty, retributions and stoning, I believe execution is not a punishment fit for human beings.

Execution is a licence to kill for powerful leaders. Execution is an action that makes the act of killing easy and doable and reduces the obscenity and ugliness of murder, in particular for those who have the potential to commit crime. Execution is a cruel punishment. A punishment by which the innocent too get killed and become victims.

In some countries like the Islamic Republic, political and ideological offenders, also are not spared by the powerful rulers and are sentenced to execution without having a fair trial.

As an obvious and proven example in 1987 within two months, 2800 to 3800 people were executed by the Islamic Republic rulers.

These executions take place as a political tool and not based on legal and judicial processes but for vengeful purposes.

Ayatollah Khomeini's edict in that year was 'Since the 'hypocrites' are traitors and do not believe in Islam in any way and whatever they claim is based on deceit and hypocrisy and their leaders have confessed to have renegaded from Islam, considering their war with God, are condemned to execution'

With this general edict, many of Iran's citizens for political and ideological reasons have been executed and are executed.

Of course as I mentioned before these executions are used as a tool and are not based on a legal and judicial procedure where evidence is presented and the accused are assumed innocent until proven guilty.

As an example, a person faces the wrath of the rulers and is accused of having committed a crime. After being arrested is detained and charged with warring against God. Such detainments are illegal and the accused without being allowed to have a defence lawyer, is subjected to torture and forced to recant against themselves.

Protesting executions and
human rights abuses in Iran
Paris 2007

After having extracted such confessions, show trials are formed and the accused is sentenced to execution.

Widespread and mass executions by the rulers in the Islamic Republic has not attracted much attention by human rights organisations and institutions.

Yet the opportunity is made possible for the head of the Islamic Republic's administration to speak before the united nations in front of mass media and in order to divert attention from his own human rights abuses, challenges the 9/11 events and offends the survivors of this terrible tragedy.

It is necessary here for the world to know about the crimes committed by the Islamic Republic leaders against thousands of Iranian citizens. The unlawful and non-judicial executions in the last years and months requires the serious attention of human rights organisations.

UN Human Rights reporters, human rights organisations and institutions, states, noteworthy political, scientific and cultural figures should pay more attention. One can not ignore the execution of 15, 16 year old teenagers. One can not ignore the actions by rulers who subject their opponents through the worst interrogations, trials and long prison sentences or even executions. One can not ignore that the lives of human beings is taken in the cruelest way by being stoned. Do these crimes not deserve looking into and a fact finding committee?

There have also been executions in the Islamic Republic that have religious prejudicial aspects and are carried out by the edicts issued by religious jurists like the political extra judicial murders committed by Saeed Emami and his team.

In his interrogations, Saeed Emami says 'Since the beginning of the revolution to this day, I have been and remain obedient to the orders of the holy establishment of the Islamic Republic and the Supreme Leader. I have never carried out an order without having the permission of the high ranking members of the establishment. I have advised the officials whatever I have deemed expedient for the establishment and for Islam. I do not see myself as guilty, the elimination of dissidents has always been dictated to us and what we have done has been in accordance with our religious duties, it can not therefore be regarded as murder and crime

There are many like Saeed Emami in the Islamic Republic. The world witnessed that after a fraudulent election, the blood of tens of Iranian citizens was spilled in the streets based on this way of thinking and I call them extra judicial and arbitrary executions.

Another example that took place in this very country, France was that Mr. Vakili Rad in 1991, stabbed to death a prominent Iranian political figure, Shapour Bakhtiar. Bakhtiar's murderer, Vakili Rad was freed after 19 years and five months ago on 29th April this year at the same time as Clotilde Reiss was released, was welcomed by the Islamic Republic officials in Tehran's airport.

I believe human life should be respected at any time and under any conditions and must enjoy immunity whether by individuals or by states.

In Iran there are several kinds of executions and I do not have enough time to go through all of them and explain them.

The execution statistics in regards to murder and narcotics in Iran is more than other crimes, especially murder, even if it is not premeditated. In narcotics too, even if someone carries or sells 30 grams of heroin, he or she is sentenced to execution.

Some of the executions like the drugs related executions are not based on jurisprudence and many of them can be made more restricted. There are even cases where the crimes committed by the offenders are not defined in the penal code and the judge issues the sentence based on sharia and jurisprudence alone.

The punishment for apostasy is not mentioned in any of the penal code clauses of the Islamic Republic, yet some judges issue death sentences in such cases.

Recently Gilan's branch 11 court, has sentenced Yussef Badkhani to death based on apostasy. In previous years too, someone in Mashad by the name of Hossein Soodmand was accused of apostasy and was executed after he was sentenced to death.

It is regrettable that in this very week marked against executions, few days ago three ethnic Iranians were publicly executed in Sanandaj.

At the end, I declare that capital punishment for many reasons is wrong and must be eliminated. Fortunately the trend is that way and it would be appropriate for the United States president who won the Nobel Peace prize and talks highly of Human Rights, to set an example in other countries by removing capital punishment from United States's penal code.

By Mohammad Mostafaei, October 10, 2010, 8th World Day Against the Death Penalty 

Nobel Peace Prize Given to Jailed Chinese Dissident Liu Xiaobo

Liu Xiaobo

BEIJING — Liu Xiaobo, an impassioned literary critic, political essayist and democracy advocate repeatedly jailed by the Chinese government for his activism, has won the 2010 Nobel Peace Prize in recognition of “his long and non-violent struggle for fundamental human rights in China.”

Mr. Liu, 54, perhaps China’s best known dissident, is serving an 11-year term on subversion charges, in a cell 300 miles from Beijing.

He is one of three people to have received the prize while incarcerated by their own governments, after the Burmese opposition leader, Aung San Suu Kyi, in 1991, and the German pacifist, Carl von Ossietzky, in 1935.

By awarding the prize to Mr. Liu, the Norwegian Nobel Committee has provided an unmistakable rebuke to Beijing’s authoritarian leaders at a time of growing intolerance for domestic dissent and a spreading unease internationally over the muscular diplomacy that has accompanied China’s economic rise.

In a move that in retrospect appears to have been counterproductive, a senior Chinese official had warned the Norwegian committee’s secretary that giving the prize to Mr. Liu would adversely affect relations between the two countries.

Click here to read the full article.

Source: The New York Times, October 8, 2010