Iraq’s use of the death penalty increases, with 169 killed in 2013

BAGHDAD -- Iraq’s use of the death penalty has increased despite international condemnation, with some fearing execution rates could rise further as officials seek to appear tough on security ahead of elections.

At least 169 people were put to death in 2013, by far the country’s highest such figure since the 2003 United States-led invasion, and one that puts it third in the world, behind just China and Iran.

Iraqi officials insist capital punishment is both sanctioned by Islam and an effective way to curb violence, despite the fact that this year’s executions have had no visible effect on the worst protracted surge in bloodshed since 2008.

Diplomats and human rights groups calling for a moratorium meanwhile point to major problems with Iraq’s security forces and within the criminal justice system.

“What is more disturbing than the fact of the use of the death penalty itself ... is the fact that the utter dysfunction of the criminal justice system means that there is a very high likelihood that the people who are being executed are innocent,” said Erin Evers, Iraq researcher for New York-based Human Rights Watch.

“Not just trials, but the entire security system from the moment of arrest right through the trials. It’s both inadequacy of investigations, in terms of lack of professionalism, lack of collection of evidence, to corruption within the security apparatus, and between the security officers and the judiciary.”

Those sentenced to death are usually hanged, often in groups.

Seven people were put to death in December, bringing the overall number for 2013 to 169.

Source: The Nation, December 31, 2013

2 get death penalty for embezzlement and fraud in Vietnam

Hanoi — A Vietnamese court sentenced a former banker and his business associate to death for embezzlement of $25 million on Friday, as the government clamps down on corruption in response to public anger over the issue.

Receiving the death sentence by lethal injection were Vu Quoc Hao, 58, former chief of a finance subsidiary of state owned Vietnam Agribank and building firm boss Dang Van Hai, 56, said reports.

“They were given the sentences for embezzlement of assets, mismanagement, abuse of power and fraud, causing serious consequences to the state,” state media reported.

There were nine other defendants in the trial who were jailed for up to 14 years for violating state economic regulations.

Vietnam has been rated one of the most corrupt nations in the world, and the situation has become an important issue for many of its people.

The government insists it is serious about addressing corruption.

“There will be strict punishment for state cadres and officials who received bribes,” the deputy prime minister warned last week during an anti-corruption dialogue held in Hanoi.

Executions by lethal injection were resumed earlier this year in Vietnam.

Source: FreeDistrict.com, November 17, 2013

New cases spur debate on capital punishment in China

Beijing has made some strides in reforming how death penalty gets meted out, but experts say more transparency is needed in system.

Early on the morning of September 25, representatives from a Shenyang court in Liaoning province went to the home of Zhang Jing with news her husband, Xia Junfeng, would be executed in a few hours. She should go to the detention centre to say her good-byes, they said.

Xia, who sold roasted sausages and other snacks on the street after losing his factory job, was convicted of "intentional homicide" in the stabbing death of 2 urban management officers in 2009 after they beat him. He insists he acted in self-defence.

Despite a long review of his case by the Supreme People's Court, the death sentence was upheld. "As long as there is still one person back at my home, tell them not to give up appealing for me," Xia said in his last words to his wife, she later told the South China Morning Post.

Xia wanted to have a final photo taken with his family, but officials refused. "How could you be so cruel?" Zhang said on her microblog.

Gu Kailai , 53-year-old daughter of a Communist Party elder, was also convicted of "intentional homicide". She poured rat poison and cyanide mixed in water down the throat of drunken British businessman Neil Heywood in a room at the Lucky Holiday Hotel on November 14, 2011, in Chongqing , where Gu's husband, Bo Xilai served as party boss.

She received a suspended death sentence last year, and could be released from jail after serving nine years, on the grounds of medical parole, according to the Dui Hua Foundation, a US-based group that pushes for human rights and legal reforms on the mainland.

Today is "World Day Against the Death Penalty", an initiative launched in 2002 by an alliance of more than 145 non-governmental groups aiming to get rid of capital punishment. While the mainland has taken significant steps in recent years to limit the number of people its courts sentence to death, observers agree a ban is a long way off. Judicial officials often say the concept of "a life for a life" remains ingrained in society, and the nation is at a stage of development where the death penalty is necessary as a deterrent.

There are key differences between the cases of Xia and Gu, her mental health was taken into account by the court for instance, but they help to illustrate what lawyers and activists say is an unfair application of capital punishment on the mainland.

Mao Lixin, a Beijing-based criminal lawyer, said capital punishment was linked to social inequality. Defendants lower on the economic ladder often lacked the resources to hire the legal assistance they deserved, Mao said. "Xia's case is a classic example [of this] when compared to that of Gu," he said.

Rights lawyer Liu Xiaoyuan agreed. "In cases like Xia's, a suspended death penalty is more than enough, but he was nevertheless given a harsh sentence," Liu said. "It seems the sentence is most often imposed for violent crimes, especially in cases where civilians have clashed with the government or where law enforcement officers were attacked."

When it comes to corrupt officials, the courts have often taken a different approach. In July, former railway minister Liu Zhijun was found guilty of taking bribes and other gifts worth 64.6 million yuan (HK$81.6 million) in addition to helping get 11 people promoted in exchange for favours.

Liu received a suspended death sentence, which could be commuted to life imprisonment with good behaviour. His term could be subsequently reduced to as little as 13 years if he is not cited for further lapses.

"The death penalty can be imposed on officials who received bribes worth more than 100,000 yuan," Liu said. "However, in recent cases, toppled officials, including Liu who took bribes worth tens of millions of yuan, were not sentenced to death."

The death penalty can be imposed on officials who received bribes worth more than 100,000 yuan. In recent cases, toppled officials, including Liu who took bribes worth tens of millions of yuan, were not sentenced to death

His case contrasts with that of former Hunan tycoon Zeng Chengjie, who was executed by firing squad in July after being found guilty of illegally raising 3.4 billion yuan and defrauding investors.

Currently, 158 countries in the world have abolished or are no longer imposing the death penalty. China puts to death more people than any other country, although Iran and Singapore have higher per capita execution rates.

It is impossible to accurately state how many people are being executed on the mainland every year as the number remains a state secret. The Dui Hua Foundation estimated there were 4,000 executions in 2011 and 3,000 last year, using information provided by Professor William Schabas who is an international criminal law and human rights scholar with honorary professorship at the Chinese Academy of Social Sciences.

10 years ago, the figure was thought to be as high as 12,000.

"It's hard to say whether 3,000 is an underestimate because no one knows the real figures besides the state," Mao said. "The international community has been pushing China to disclose statistics over its use of the death penalty," he said, noting countries such as Vietnam and North Korea also kept death penalty figures secret.

In recent years, mainland authorities have rolled out measures aimed at reducing the use of capital punishment, most notably passing a law in 2006 that required the Supreme People's Court to approve each death sentence. The government has also shortened the long list of crimes punishable by death, from 68 to 55. But, even if a ban is not likely soon, there are additional reforms authorities can enact.

"Introducing transparency into the process of capital punishment is the first step in fostering a national discussion on whether to abolish the death penalty," Mao said.

Many legal professionals have called for the review procedure to be made more open, with more detailed rules. At present, there is no time frame within which a review must take place. Family members are often only notified of the decision when they are called in to meet the defendant one last time.

The review is also done in an internal meeting, instead of an open hearing. And while the judges should meet a defence lawyer if asked, that does not always happen.

One of the strongest arguments against capital punishment is the possibility that an innocent person would be wrongly put to death. Last month, the Higher People's Court in Hebei rejected an appeal by Wang Shujin based on his confession to the rape and murder of a woman, whose body was found in a cornfield in Shijiazhuang in 1994. Nie Shubin , another Hebei man, was convicted of the murder and executed in 1995, at age 20.

Disappointed at the ruling, 40 lawyers published an open letter "strongly condemning" the Hebei court for upholding Wang's death sentence and rejecting his confession, blocking a possible review of Nie's case.

"The consequences of a wrongful conviction in which a person is put to death cannot be reversed. This is a factor that will likely sway society against the death penalty," Mao said.

He urged the government to step up education and establish alternatives to the death sentence, such as harsher life imprisonment.

Source: South China Morning Post, October 10, 2013

Indonesia: Top Officials Demand Death for Chief Justice Busted for Bribery

The arrest of the Constitutional Court’s chief justice on Wednesday night in a bribery sting has renewed calls to impose the death sentence in serious corruption cases, to serve as a deterrent.

Tjatur Sapto Edy, a deputy chairman of the House of Representatives’ Commission III, which oversees legal affairs, pointed out on Friday that the death sentence had never previously been sought in a corruption case.

“It’s true that the law allows it, but prosecutors never choose to pursue it,” he said in Jakarta as quoted by Antaranews.com, in response to a call by senior officials to seek the death penalty for Akil Mochtar, the Constitutional Court’s now suspended chief justice.

On Thursday, Corruption Eradication Commission (KPK) chief Abraham Samad and former Constitutional Court chief justice Jimly Asshiddiqie said prosecutors should seek the death penalty for Akil, after he was arrested on Wednesday by the KPK on suspicion of taking bribes from plaintiffs in at least two election disputes currently being heard by the court.

Tjatur said the 1999 Anti-Corruption Law authorized prosecutors to recommend the death sentence for graft defendants. “But I don’t know why it has never been used. Maybe prosecutors aren’t confident enough to recommend such a sentence?” the National Mandate Party (PAN) politician said.

Abraham and Jimly said that by bringing the death sentence to bear, the government could show it did not tolerate corruption.

“What Akil [allegedly] did was such a disgrace,” Jimly said. “The alleged graft will taint the court’s reputation as one of the country’s cleanest institutions.”

Mahfud MD, Akil’s predecessor, also said the chief justice should be given the death sentence if convicted.

Mahfud, who is a member of the Constitutional Court’s ethics council, said that in addition to criminal charges, Akil would also face an ethics tribunal.

Source: The Jakarta Globe, October 6, 2013

China’s Bo Xilai Sentenced to Life in Prison

BEIJING — A court in China has sentenced fallen political star Bo Xilai to life in prison, finding him guilty of all of the three charges brought against him.

Bo was sentenced to life in prison for bribery, 15 years for the charge of corruption and seven years for abuse of power. The court says it has confiscated more than $3 million in assets from the family, including a villa in the south of France.

The 64-year-old former Chongqing Communist Party boss was also stripped of his political rights and ability to hold office.

Bo has 10 days to appeal the ruling. According to a report in the Hong Kong-based South China Morning Post, he is likely to launch an appeal.

Although Bo has been sentenced to life in prison, he is eligible for parole in a little over a decade, according to Chinese law. Political analysts say that it is likely that he could be released even sooner, much like other victims of political purges in the past.

Despite the charges against Bo, he is still widely popular in the areas he once served, particularly Chongqing. During his time there he worked to address China’s huge gap between the rich and the poor. His policies there were welcomed by the poor.

He also launched a crackdown on organized crime that was praised by some but tainted by reports of torture and abuse of legal procedure. Those abuses, critics say, were much worse than the crimes he has been tried of in court.

Source: VOA, Sept. 22, 2013

Inside the hellhole of a Bali prison

Death-row cell at Kerobokan

I got here a few weeks ago to shoot a documentary. Stepping off the plane is an experience in itself. A prickle of sweat confirms my arrival as I'm drowned in close to one hundred per cent humidity and stifling heat. Long queues of bored passengers, customs as basic as it gets. You have a passport and money, and Bali wants you to use both.

It's by far Australia's favourite holiday destination. Close to one million of us are expected to file through Denpasar airport this year, battle the hectic traffic and the street hawkers, and stand on those magnificent beaches framed by waves that every surfer dreams of. Hotels can be cheap, beer is even cheaper, and everything and anything can be bought on the street.

But we are not alone in our love of this place. When you add domestic tourists with international, Bali is flooded yearly with eight million people, a number that's twice its population. Many feel that a growing desperation for the tourist dollar, fuelled by the chasm of disparity between the Rupiah and just about any other currency, has changed a place with a reputation of being one of the friendliest destinations on earth.

Consider this. In 2012 an Australian died in Bali every nine days. That's almost one a week. A lot of it is from misadventure like motorbike accidents, or drug overdoses, but there is also a long list of murders. Add to this the number of assaults, rapes, and robberies, and Bali has a dark side that's not advertised in the brochures.

Sometimes however, Australians are to blame for the trouble they find themselves in. The temptations are simply far too strong, especially to the party crowd.

They are drawn to the temples of excess that populate Kuta with flashing lights and competing sound systems that blare distorted music into next week. The pubs and clubs are legendary. Foam parties, rooftop bars, and barman who will never tell you you've had enough. Many of these places are either owned, or run by security teams connected to the many gangs that have carved up Kuta. We looked into a story where the security teams themselves are the ones spiking drinks, ripping people off, handing out gang bashings, and worse.

Fuelling all this is what you can buy on the street. Lets start with what's legal, pseudoephedrine, otherwise known as speed, and hallucinogenic mushrooms which, incredibly, you can buy in milkshake form. Then there's the other stuff. Cocaine, ecstasy, and ice. We walked the streets with hidden cameras, and caught the dealers offering, cajoling, showing handfuls of their product. At times following us aggressively, promising low prices like we were bartering for a Bintang T-shirt. Add this to copious amounts of alcohol and it's no wonder the hospitals here do a roaring trade with banged up Australian's. In the time we were there, we saw numerous patients with black eyes, broken noses, a split lip that required more than 20 stitches from a king hit.

Kerobokan prison

The ages of those flooding the streets are mostly young and about to get younger. The Gold Coast, once the mecca for schoolies week, has cleaned up its act so much, has come down so hard on hell raising kids, last year saw a record number head to Bali. No pesky door checks for smuggled booze, no tedious lines to scrutinise I.D. no barman telling you, you can only order a few shots at a time. Just hit the go button, and hope you get home. With some luck the spirits won't be laced with the local and sometimes deadly vodka known as Arak, or like a recent survey found, ethanol. Apparently it works just as well in your blood stream as it does in your car, except it's an accident waiting to happen.

And while Bali can seem like a place without rules, without boundaries, if you do find yourself on the wrong side of the law, you'll find out just how wrong you are. Indonesian law is not like it is back home. It's a different legal system, harsh laws, and even harsher penalties. Just ask Schapelle Corby, or any member of the Bali nine, or the families of the ten drug smugglers that have either been executed, or due to be, this year alone. Each will be tied to a post, alone, on a remote island, in the dark, waiting for the orders from the firing squad standing in front of them.

Click here to read the full article

Source: news.com.au, July 22, 2013

Nigeria hangs 4 prisoners in 1st executions since 2006

Nigerian authorities on Monday hanged 4 prisoners, an official said, in what was believed to be the country's 1st known executions since 2006, drawing outrage from rights activists.

The justice commissioner in Edo state in southern Nigeria confirmed the hanging of the 4 prisoners, who had been convicted of either armed robbery or murder, he said.

According to the commissioner, all their appeals had been exhausted and their death warrants were signed.

"The court gave the judgement this afternoon that the execution could go ahead and the prison authority went ahead," Henry Idahagbon told AFP.

He added that the executions were carried out by the prison service, a federal agency, and not the state government.

However, he said he was informed by prison authorities of the executions. Edo state Governor Adams Oshiomhole signed two of the death warrants since the crimes occurred in Edo, said Idahagbon, as required by law.

Governors from elsewhere signed the 2 other death warrants, he said. Since the prison system is federal, prisoners can be moved elsewhere in the country.

A 5th prisoner is also due to be executed, but his sentence dated back to the military era that ended in 1999 and called for him to be killed by firing squad, which prison authorities were not yet prepared to do, he said.

Nigeria has faced international scrutiny over its death penalty, with concerns over whether suspects receive a fair trial in a country where corruption is widespread.

While they would mark the 1st official, known executions since 2006, Nigerian security forces have been repeatedly accused of extra-judicial killings during that time period.

Amnesty International said in a statement that it had received "credible reports that authorities in the state of Edo ... have hanged four men in Benin City Prison on Monday -- the first known executions in the country since 2006."

"If confirmed, these executions mark a sudden, brutal return to the use of the death penalty in Nigeria, a truly dark day for human rights in the country," Amnesty deputy director for Africa, Lucy Freeman, said in the statement

The human rights organisation urged Nigerian authorities to stop all executions immediately and "return to the moratorium on executions in the country."

"We oppose the death penalty in all cases without exception, as it is the ultimate cruel, inhuman and degrading punishment," it said.

President Goodluck Jonathan recently called on state governors to sign death warrants, saying it was their responsibility under the law, according to local media reports.

According to Amnesty, around 1,000 people are thought to be on death row in Africa's largest oil producer and most populous nation.

Source: Agence France-Presse, June 25, 2013

Being on Death Row in Kenya

Being on death row in Kenya is not for the faint hearted. Currently there are approximately 2500 inmates on death row in Kenya, scattered across the 5 maximum security prisons, Kamiti, Naivash, Kingongo, Kibos and Shimo la tewa.

Living conditions are horrendous, a cell that can barely accomodate 4 single mattresses holds upto 14 prisoners at Kamiti. The well known notorious G block has 59 cells for inmates but 2 are set aside for the guards who come on night shift to sleep in. This frankly raises the first question, why are the guards given rooms to sleep in when they are actually on duty? What are they paid for? To sleep?

If an inmate were to contract a disease that is air borne then the chances of all the inmates in that cell getting it are very high due to the close proximity that everyone sleeps. Lice called 'chawas' are commonplace and do not allow the inmates to sleep peacefully, constantly crawling over their bodies and biting them.

There was once a case of all inmates in one cell contracting TB. The authorities did not diagnose the first one due to negligence and laziness. Rather than believe in prevention is better than cure, they say it is my lunch hour, come back tomorrow.

Medicine is constantly in low supply, the prison dispensary stocking a few drugs for flu, typhoid, diaorrhea, constipation, hypertension and vomiting. Most of the time a prisoner is given a prescription to go buy the drugs out of his own pocket even though he is a guest of the state.

In rare circumstances, a prisoner may be referred to Kenyatta hospital, the only referral hospital in Nairobi, the largest in the region for ailments that have persisted for a long time, a very long time! Even though this is the largest hospital in the region, they do not have all medication and again, the doctors tell the inmates to buy the medicine out of their own pockets. Common drugs such as Glucophage, Cardace, Valium, Augmentin, are not available.

Even if a prisoner is lucky enough to be referred to Kenyatta, he will have to give a bribe to the authorities manning the hospital in order to be availed escorts to take him to hospital. These bribes may go up to Ksh1,000 ($12.)

There is a cartel in place here, run between the prison guards and other inmates who work in the hospital in the prison.

If one has been referred, they go speak to the inmate who writes up the list of those referred on certain day and gives his Ksh200 to ensure his name is in the top 10. He will then go see one of the corporals in charge of running the hospital (there are 2) and give him Ksh500 to ensure his referral is not put at the bottom of the pile the following day. He will then go see the senior sergent in charge of officer discipline and give him Ksh200 to ensure he is not told the following morning there are no escorts.

Diet in Kenyan prisons is horrible. No one expects it to be upto any good standards in any prison worldwide, but in Kenyan prisons, one may not even feed the food given to prisoners to their worst enemy's emancipated dog. It is monotonous, non nourishing and cooked poorly. Day in day out, this is what prisoners in all Kenyan prisons eat:

BREAKFAST- 1 cup of porridge made out of maize meal and water, no sugar.

LUNCH- 2 leaves of kale (a leaf that looks like spinach, native to Kenya,) 1 potato, 1 cup of ugali (a mixture of maize meal and water.)

DINNER- 1 cup of beans, 1 cup of ugali.

1 cup is a quarter litre of water. 3 times a week, every prisoner is given 1 piece of meat, the size of an adult's thumb and everyday, every prisoner is given a quarter teaspoon of cooking fat. Once a week, the ugali is replaced with rice.

The rations above are for prisoners on death row, prisoners that go to work are fed a bit more. It is common to see prisoners die of malnutrition.

Sick inmates, those with HIV, TB, diabetes, hypertension, cancer etc are given more food too according to recommendations from the doctor, but again, the doctor has to be bribed to 'prescribe' more food.

Prison wardens are generally harsher on prisoners sentenced to death compared to the others. They tend to conduct more searches on blocks where death row inmates stay. It is known that inmates or death row are generally hard headed as they have nothing much to live for. Even though the actual act of hanging is no longer carried out, prisoners on death row are not allowed to work so are idle day in day out.

Prisoners have linked up with some corrupt prison wardens to smuggle in contraband such as phones, cigarettes (smoking is not allowed in Kenyan prisons,) cannabis, heroine etc.

The phones are used to con civillians as the authorities can not do much to them. The prisons department tried to install network jammers in Kamiti but failed as it is close to town and affected neighbours.

Conning has led to some prisoners becoming instant millionaires leading to another huge problem.

It is a known fact that homosexuality is rife in prisons, but in Kamiti, this is an understatement. Grown men actually 'buy' young boys to provide them with sexual pleasure. Some even go to the extent of 'marrying!' This has led to rise in the number of HIV positive prisoners. One may have come in negative, but will leave or die positive. Many refuse to be tested or swallow their pills because they have lost all hope.

As I said in my previous article, the offences that carry the death penalty in Kenya are treason, murder and robbery with violence. Currently there is no prisoner in Kenya on death row charged with treason.

Robbery with violence is tried at a magistrates court, and the accused person is not availed any counsel to represent them. They must 'fight' for themselves. All court proceedings are in English, yet 95% of prisoners do not speak English, forget know the law.

Those convicted by the magistrates court have to appeal the ruling at the high court of appeal. This wait may take up to 10 years! If their first appeal is dismissed, they may appeal to the court of appeal which once again has a similar waiting period. At appeal the accused may opt to have a counsel represent them but many choose not to as the lawyers provided are underpaid so do not do a thorough job, they are normally those that have just qualified or are doing miserably in their practice.

Murder is tried at the high court and the accused person must be represented by a counsel, either their own or one paid by the state. They are the same as those mentioned above hence they do a very poor job. If convicted they appeal to the court of appeal.

The new constitution made a provision for accused persons and even convicts to apply for bond but the conditions imposed by the courts are extremely harsh hence not many can afford it. The average trial time is 4 years.

Source: Op-ed by Rashi Bhalsani, June 24, 2013. Mr. Bhalsani is a graduate from Reading University, England. He was born and brought up in Kenya where he is currently incarcerated on death row. As a wrongly convicted inmate, he wishes to expose the plight of Kenyan prisoners to the international community. His main concerns are health, the judiciary and abolition of the death penalty.

"Being on death row in Kenya is a gross violation of one's human rights"

In August 2009, the president of Kenya commuted the sentences of 4600 inmates on death row to life imprisonment. That was the same as taking money out of one pocket and putting it in another as they were still in prison indefinitely. They will still die in prison.

The whole world at that time thought that no more death sentences would be passed in Kenya, but that was far from the truth! The following week, 2 boys were sentenced to death for stealing 3 pineapples from a multinational organization. No human was injured during the incident, the dogs guarding the premises were injured and they were charged with robbery with violence and because they are illiterate and the police did not want to bother themselves with a trial, managed to convince them to plead guilty and they would be let of with a slap on the wrist. They were sentenced to death!

Murder, robbery with violence and treason carry the mandatory death penalty in Kenya.

The last execution was carried out in Kenya in 1987. Since then to 2009, 4600 people were sentenced to death. From 2009 to date around 2500 people have been sentenced to death, equating to about 500 people a year!

There is no dispute that crime is on the rise but not to this extent. The judges and magistrates do not effect true justice, rather are scared of releasing any person accused because they may be held accountable and lose their jobs.

In 2010, the people of Kenya overwhelmingly voted in a new constitution, which set in place a vetting board to weed out the rot in the judiciary. The board is meeting a lot of resistance from the judiciary and is extremely demoralized. For example, Justice Muga Apondi was vetted out by the board. He went to court and challenged the decision and the court intervened and put him back in office. The judiciary still believes in protecting its own. Justice Apondi was vetted out on proven allegations of corruption.

He then filed a petition in the courts saying that his dismissal was unfair and the court ruled that he should be given back his position as a judge of the high court.

Justice Apondi was proven to have taken bribes from influential persons to rule in their favour by the JMVB (Judges and Magistrates Vetting Board,) or to even convict or acquit people charged with criminal offences. For example there is a man on death row at the moment for murdering his parents. Apondi heard the principal witnesses in the case and recorded false proceedings, not what was said in court! The courts in landmark ruling said that if a judge has been dismissed, one may not seek redress from the courts unless the case in question was the one the JMVB relied on to dismiss the judge. Majority of the population feel that all cases that even remotely been associated with a judge who has been sacked, be heard and determined afresh.

The threshold to convict persons charged with capital offences in Kenya is extremely low and the figures show this.

Being on death row in Kenya is a gross violation of one's human rights. Overcrowding is the norm. A cell may hold up to 14 people who sleep on threadbare mattresses, sharing a single mattress between 4 people.

The diet is even worse and has no variation, a cup of porridge made from maize meal in the morning, 2 leaves of kale and a cup of ugali (maize meal) for lunch and a cup of beans and ugali for dinner. A piece the size of a child's thumb is given 3 times a week.

Kenya needs to do a lot in the spirit of change, yet the politicians are reluctant for reasons no one can understand. A husband who has killed his spouse's lover upon finding them in his matrimonial bed in a moment of passion or an armed robber who has committed numerous offences both live side by side, the first being a first offender, the later being a habitual criminal, a repeat offender.

If Kenya does not do something to deal with this plague in society, no progress will ever be made.

The courts ruled that keeping one on death row for over 3 years is a gross violation of their human rights, yet the president is not doing anything, nor are the courts.

In March 2011, parliament as stipulated by the new constitution passed an act called the power of mercy. To date no one has been released, the board members are simply pocketing their salaries and allowances and sitting back.

They went to Kamiti prison a few weeks ago and had queues of inmates waiting to be interviewed. Rather than interview all the inmates in the queue, they only interviewed the visibly sick!

Kenya is an ex British colony that gained independence 50 years ago. Unfortunately it is still stuck in 1963 yet the rest of the world has moved on.

God help inmates on death row in Kenya, and those that may unfortunately find themselves on death row.

Source: Op-ed by Rashi Bhalsani, June 19, 2013. Mr. Bhalsani is a graduate from Reading University, England. He was born and brought up in Kenya where he is currently incarcerated on death row. As a wrongly convicted inmate, he wishes to expose the plight of Kenyan prisoners to the international community. His main concerns are health, the judiciary and abolition of the death penalty.

Related articles:
August 5, 2009, - Kenya: 4,000 death sentences commuted to life emprisonment

June 17, 2011 - Kenya: 'Right to Life' Clause Hands Convict Reprieve

Indonesia: The execution of Adami Wilson - questioning the aims of the death penalty

After refraining from executing individuals for four years, the Indonesian authorities executed a Nigerian national, Adami Wilson, on 14 March 2013. The Tangerang District Court named Adami guilty of drug dealing and sentenced him to death in 2004. The Attorney General Office (AGO) mentioned to the press that Adami's sentence is the first of other nine executions planned to take place this year.

The Asian Human Rights Commission (AHRC) is saddened by the execution of Adami Wilson and condemns the plan of the AGO to continue with further executions. While agreeing that individuals involved in criminal activities including drug crimes should be punished, the AHRC insists that death penalty is a violation to the right to life which is guaranteed by the 1945 Constitution as well as the International Covenant on Civil and Political Rights (ICCPR) which has been ratified by Indonesia. International human rights standards have established that the taking of lives by states cannot be justified unless the tests of necessity and proportionality are met. The death penalty does not meet these two requirements as there is no life is imminently under threat at the time such punishment is carried out and that the desired aims to be achieved are equally possible with more lenient types of punishment.

That the death penalty is a deterrent to crime is merely a myth. High crime rates exist in both countries that impose the death penalty and those that have abolished it indicating that the rate is the result of mixed factors instead of being influenced solely by the severity of punishment imposed on wrongdoers. The death penalty is a lazy response to a high crime rate for it oversimplifies the greater problems that exist in a society as to why individuals commit crimes in the first place.

It is important to protect society from criminals and it is the obligation of the state to ensure the safety of individuals residing in its territory. Yet protection of society is something that is still possible to achieve even if criminals are not sent to a firing squad. So long as the criminals have their liberty legally deprived and their access to outside world is proportionately limited, keeping them alive poses no harm to the society. If anything, it may in fact help the law enforcement officials to solve other wrongdoings that the criminals are aware of.

In the case of Adami Wilson, for instance, keeping him alive may lead to the investigation on illegal transactions between death row convicts and the Indonesian law enforcement officials. In an interview with a local media Majalah Detik in October last year, Adami made a scandalous statement in which he explained how bribery gives the possibility for death convicts to have their punishment annulled. According to him, with IDR 1-3 billion (approximately USD 100,000-300,000), a convict may have his or her sentence commuted from death penalty to life or 20 years imprisonment. He claimed that he has heard of at least 12 cases in which the death convicts had their punishment commuted to a lighter one due to bribery, one of which involved his own friend.

Adami's statement sparked controversy at that time, yet it was 'not controversial enough' to urge the authorities to seriously investigate the bribery allegation. Now that Adami has been executed, it is even more unlikely that the allegation will actually go anywhere.

In the last four years, Indonesia had received praise from human rights organisations and activists for not executing death row convicts. There was even positive development on this matter last year when the Supreme Court ruled that the death penalty is a violation to the right to life. Whereas the government had previously voted against the UN resolution on the moratorium of the death penalty on the last occasion they abstained from voting, as pointed by KontraS and other local organisations.

The sudden decision to execute Adami Wilson is therefore not only regrettable, but also worth questioning. Was it really for providing a deterrent effect and protecting society from the harm of drugs as have always been claimed? Does the absence of an execution for four years indicate that the Indonesian government no longer wishes to provide a deterrent effect or protect the society?

The death penalty is not a solution; it is part of the problem. Maintaining it will not result in the reduction of crimes. It's only aim is revenge, to cover illegal activities, preservation of arbitrariness, or the violation of an individuals' most fundamental right.

Source: Asian Human Rights Commission, March 18, 2013

Indonesia's justice system

Indonesia prides itself on being a democratic nation, but critics say that its justice system does not reflect the country’s progress.

Riddled with corruption and incompetent investigative procedures, trials and sentences are often deemed unfair.

Wealthy or politically influential suspects are often able to buy themselves out of a trial, while poorer suspects face abuse in prison.

This week on 101 East we look at Indonesia’s justice system, and ask if the punishment fits the crime.

Source: Aljazeera, February 24, 2012

Bed-ridden, caged, Egypt's Mubarak goes on trial

An ailing, 83-year-old Hosni Mubarak, lying ashen-faced on a hospital bed within a metal defendants cage with his two sons position protectively beside him in white prison uniforms, denied charges of corruption and complicity in the killing of protesters at the create of his historic trial on Wednesday.

The spectacle, aired live on state television, was a dramatic moment for Egyptians. Many savored the humiliation of the man who lined with unquestionable power for 29 years, during which opponents were tortured, corruption was rife, poverty reach and political life was stifled.

After widespread skepticism that Egypt's military ruler would permit one of their own — a former head of the air force — to be prosecuted in front of the world, the scene go a long way to satisfy one of the key demands that has combined protesters since Feb. 11, when Mubarak fell following an 18-day uprising.

Full Story 

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Mubarak and sons to stand trial in August

Mubarak and his sons

Hosni Mubarak, the former Egyptian president, and his two sons will go on trial starting August 3 in a Cairo criminal court for alleged graft and for their suspected role in killing protesters, Egyptian state news agency has said.

According to a court official, Mubarak would be tried on charges of corruption and intentionally killing protesters during the 18-day uprising that ended his 30-year rule on February 11, the Middle East News Agency reported on Wednesday.

Judge Ahmed Rifat would preside over the trial of Mubarak and his sons, Ala'a and Gamal, at the North Cairo criminal court, a judicial source told the AFP news agency.

Mubarak could face the death penalty if convicted on charge of "pre-mediated killing"- or having played a part in a crackdown that left more than 800 demonstrators dead, Egyptian justice minister said earlier this month.

Mubarak has been in custody at a hospital in Sharm el-Sheikh, the Egyptian resort town by the Red Sea coast, since April 13 after reportedly suffering a heart attack during questioning.

Mubarak was in no condition to be transferred to a prison hospital and would for now stay in the current health facility, Egypt’s public prosecutor said on Tuesday.

Ala'a and Gamal are being held in Torah prison on the outskirts of Cairo, the Egyptian capital.

Click here to read the full article

Source: Al Jazeera, June 1, 2011

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Justice, Singapore Style - An Open Letter from Alan Shadrake to the Singapore Government

Alan Shadrake

I am being prosecuted and facing jail for exposing prosecutorial scandals in Singapore – scandals this PAP dictatorship doesn’t want decent Singaporean citizens to know about. One particular heinous scandal concerns Guiga Lyes Ben Laroussi, a Tunisian and valuable ‘foreign talent’ who was the main drug supplier to Singapore’s so-called High Society Drug Circle in 2004.

This destroyer of lives was allowed to escape Singapore after facing a mandatory death penalty charge. The charge was then ‘negotiated’ down so he would receive a jail sentence of between 20 and 30 years in prison instead.

Then another miracle happened: He was allowed bail in the sum of $280,000, given his passport back and allowed to leave Singapore. This could only have been done with the connivance of top government officials because they feared he would expose bigger names if he were to be sent to the gallows.

I exposed this and other prosecutorial scandals in my book Once A Jolly Hangman: Singapore Justice in the Dock, because I hate injustice. While this evil drug baron – friend of the rich and privileged in Singapore – is enjoying his life of luxury in his mansion on his family estate in Le Bardo, Tunisia, Singapore is preparing to hang more pitiful drug mules – perhaps some who helped Guiga get rich.

How is it that this evil drug trader managed to escape justice? I cannot get my passport back and be allowed to leave Singapore. They are determined to punish me first!

I am facing a six months prison sentence for exposing this and many other prosecutorial scandals. There are two other charges hanging over me arising from my book one of which carries as two year prison sentence. My medical and mental problems have been horrendous. I almost bled to death in the street six weeks ago from internal haemorrhage. Had I not been rushed to hospital I would have collapsed and died without anyone knowing the cause until it was too late.

Where is the justice in what they are now doing to me? Did anyone notice that Guiga Lyes Ben Laroussi had escaped justice? Did the Straits Times publish this scandal and demand with massive headlines that Guiga should be extradited back? It did not. Why not? The answer is in my book. But what happened when a Romanian diplomat ran away in March 2010 following a fatal traffic accident? Screaming headlines in the Straits Times and all the local media for him to be brought back and tried.

Guiga Lyes Ben Laroussi, big time destroyer of lives – including his own Singaporean girlfriend, Mariana Abdullah – has been on Interpol’s wanted list for five years. The head of Interpol is Singapore’s very own former police chief Khoo Boon Hui! No attempt has been made to bring him back. His lawyer, Subhas Anandan, has said his powerful family will tell the Tunisian police to ‘go fly a kite’ if they attempt to arrest and have him extradited.

This is yet another scandal in this saga. Perhaps I would have been better treated had I been a major drug syndicate boss.

Amazingly, Law Minister, Mr. K. Shanmugam recently told TODAY that the death penalty for drug offences here is a “trade-off” the government must make to protect “thousands of lives” if drugs became freely available. He further explained that if Yong Vui Kong (now on death row with 36 others) escapes the death penalty, drug lords will see it as a sign that young traffickers will be spared and will then use more of them as drug mules. “You save one life here, but 10 other lives will be gone. What will your choice be?” he added.

My choice, Mr. Shanmugam? If anyone has to be hanged, start with drug barons like Guiga Ben Laroussi!

Here are some of those young people Mr. Shanmugam believes should have been hanged: Flor Contemplacion, Angel Mou Pui-Peng, Vignes Mourthi, Shangmugam Murugesu, Amara Tochi, Thiru Selvam, Zulfikar bin Mustaffah, Rozman Jusoh, Chuek Mei-mei, Nguyen Van Tuong, Tsang Kai Mong Elke, Poon Yuen-chung. I will continue my fight to get justice for all of the above and those who are bound to follow and I will remain a thorn in Singapore’s side regarding injustice until the day I die!

Alan Shadrake

A Prisoner of Singapore

October 29, 2010

Source: British Weekly, October 31, 2010

Another corrupt Government Official escapes censure by resigning

It's good that Mary Anne Thompson has resigned as the head of the Immigration Service head. She should have been sacked. She was, after all, found to have broken her own department rules while getting residency for family members, bringing them into the country without visas and hiding them in her own home. Now she has resigned with all her legal entitlements.

It will be interesting to see how the investigation by the State Services Commission is handled.