International Commission of Jurists
World Day against the Death Penalty: ICJ urges India to grant clemency to Ajmal Amir Kasab

World Day against the Death Penalty: ICJ urges India to grant clemency to Ajmal Amir Kasab

Oct 10, 2012 | News

On the tenth annual World Day against the Death Penalty, the ICJ urges the President of India to grant clemency to Mohammed Ajmal Amir Kasab.

“There is no doubt that Kasab’s crimes were heinous causing immeasurable suffering but execution is not the answer,” said Sam Zarifi, ICJ Asia Pacific Regional Director. “Putting him to death would be a significant step backwards for India. It would end the eight-year hiatus on executions and disregard the call in repeated UN General Assembly Resolutions that all States should observe an immediate moratorium on the death penalty with a view towards full abolition.”

October 10, 2012 is the World Day against the Death Penalty.  The ICJ considers the death penalty to constitute a violation of the right to life and a form of cruel and inhuman punishment.

The ICJ calls on all countries to abolish the death penalty.

“The death penalty violates the inherent dignity of the person,” Zarifi added. “And as we have seen in India as well as all over the world, it is not possible to administer capital punishment without some degree of inconsistency, subjectivity and arbitrariness.”

More than 150 of 192 United Nations member states have either abolished the death penalty or do not practice it.

In South Asia, Nepal abolished the death penalty in its 1997 Constitution and Sri Lanka has not carried out an execution since 1976.

Kasab, a 25-year old Pakistani national, was sentenced to the death for his role in the Mumbai terrorist attack in 2008.

The Supreme Court confirmed Kasab’s death sentence on 29 August 2012, upholding the judgment of the Bombay High Court on 21 February 2011 and the sentence handed down by a lower court in May 2010. On 18 September 2012, Kasab sent a four-line handwritten mercy plea to the President of India.

The Maharashtra Home Ministry recommended rejecting the mercy plea on 24 September 2012 and Governor of Maharashtra, K Sankaranarayan, advised the same on 29 September 2012. The petition has now been forwarded to the Union Government.

CONTACT:

Sam Zarifi, ICJ Asia-Pacific Regional Director, t: +41(0)22 979 38 00; sam.zarifi(at)icj.org

Sheila Varadan, ICJ Legal Advisor, South Asia Programme, t: +66 857200723; sheila.varadan(at)icj.org

Sri Lanka: ICJ deplores attack on the Secretary of the Judicial Services Commission

Sri Lanka: ICJ deplores attack on the Secretary of the Judicial Services Commission

Oct 9, 2012 | News

The Sri Lankan government must immediately provide justice for the physical assault on Manjula Tillekaratne and cease public efforts to undermine the independence of the country’s judiciary, the ICJ said today.

Unidentified persons assaulted the Secretary of the Judicial Services Commission on 7 October 2012. Lawyers and judges held a strike to protest recent and escalating threats to judicial independence in Sri Lanka.

“This physical assault is another terrible step downward in the ongoing effort to undermine the judiciary and the rule of law in Sri Lanka,” said Sam Zarifi, ICJ’s Asia Director. “The Sri Lankan government has to investigate this event and bring the perpetrators to justice, and ensure that the country’s judges are secure from assault and intimidation.”

Earlier in September, the Sri Lankan President Mahinda Rajapksa had demanded a meeting with the Chief Justice and two members of the JSC. The JSC refused the request, citing the implications of such a meeting on the independence of the judiciary.

The request came in the wake of the Supreme Court striking down a pending bill before the parliament – the “Divi Neguma Department Bill,” which proposed to establish a new department by amalgamating the Samurdhi Authority, Southern Development Authority and the Udarata Development Authority.

If passed, the bill would confer wide powers to the Economic Development Minister as well as access to funds.

State-controlled print and electronic media then engaged in a public campaign of vilifying the Chief Justice and other members of the JSC who are also sitting Supreme Court Justices.

On 18 September 2012, the JSC directed its Secretary to issue a public statement citing the baseless criticism of its members in the state electronic and print media.

The JSC indicated that it had been subjected to threats and intimidation.

Notably, the JSC said it was subjected ‘to various influences after the Commission initiated disciplinary action against a judge.’

On 28 September 2012, JSC Secretary Manjula Tillekaratne expressed concern for ‘the security of all of us and our families beginning from the person holding the highest position in the judicial system.’

“The effort to use State-controlled media to browbeat and intimidate judges is an egregious assault on the independence and impartiality of Sri Lanka’s judiciary. An independent judiciary is a necessary precondition to safeguard human rights,” Zarifi added.

The United Nations Basic Principles on the Independence of the Judiciary makes clear that it is the responsibility of the State to respect and observe the independence of the judiciary, protecting judges from any improper influences, inducements, pressures, threats or interference.

In recent months, the independence of the judiciary has come under attack in Sri Lanka.

In July 2012, Government Minister Rishad Bathiudeen threatened a Magistrate in Mannar and then orchestrated a mob to pelt stones and set fire to part of the Mannar courthouse.  Lawyers and judges held a nation-wide strike to protest the incident.

The Bar Association of Sri Lanka as well as the Judges Association of Sri Lanka issued public statements condemning the attacks.

Contact:

Sam Zarifi, ICJ Asia-Pacific Regional Director, t: +66 26198477; email: sam.zarifi@icj.org

Sheila Varadan, ICJ Legal Adviser, South Asia Programme, t: +66 857200723; email: sheila.varadan@icj.org

Picture by Nuwan Amarawansha

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