Apr 5, 2016 | News
The Court of Appeal’s decision to lift the stay of execution of Kho Jabing is a serious blow to human rights in Singapore, the International Commission of Jurists (ICJ) said today.
The ICJ urges the Government of Singapore to grant Kho Jabing clemency and immediately impose a moratorium on executions, with a view towards abolishing the death penalty in the near future.
“The death penalty is never justifiable,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific. “If Singapore goes through with the execution of Kho Jabing, it will go against the growing international consensus to abolish the death penalty.”
Currently, 117 member states of the United Nations support the General Assembly resolution passed in December 2014 calling for an international moratorium on the use of death penalty, the ICJ reminds.
The Geneva-based organization opposes the death penalty in all circumstances and considers the imposition of the death penalty to constitute a denial of the right to life and a form of cruel, inhuman and degrading punishment.
The ICJ has received information that there are nine other individuals currently on death row in Singapore.
Authorities have not yet released the date of Kho Jabing’s execution.
The lawyers of Kho Jabing will be filing a petition for clemency in the next few days.
The ICJ urges the Government of Singapore to halt the imminent execution of Kho Jabing, grant the petition for clemency and commute his death sentence.
Background
Kho Jabing, a Malaysian national, was convicted of murder and sentenced to death in Singapore in 2010. After amendments were made in 2012 on the laws on the death penalty in Singapore, Kho Jabing was re-sentenced to life imprisonment and 24 strokes of the cane. The prosecution, however, appealed the re-sentencing and the case was brought to the Court of Appeal.
The court rejected his application for clemency in October 2015. On 23 November 2015, he was granted a temporary reprieve pending the outcome of a petition filed by his lawyers, which raised questions of fact and law.
The decision of the Court of Appeal this morning lifted the temporary reprieve and upheld its decision to impose the death penalty on Kho Jabing.
Contact
Emerlynne Gil, ICJ’s Senior International Legal Advisor, tel. no. +66840923575, email: emerlynne.gil(a)icj.org
Mar 31, 2016 | News
A Delhi Court acquitted human rights defender Irom Sharmila of an “attempt to commit suicide” charge. The government of Manipur must in turn immediately drop the charges against her, said the ICJ today.
Irom Sharmila, was charged under section 309 the Indian Penal Code.
She has been on a continuous hunger strike for over 15 years, demanding repeal of the Armed Forces Special Powers Act (AFSPA).
“This order is a welcome recognition that Irom Sharmila’s hunger strike is a form of peaceful dissent and protest protected by the right to freedom of expression,” said Sam Zarifi, ICJ’s Asia Director.
This week, Iron Sharmila was acquitted of the charges against her in Delhi. The case against her in Manipur is, however, still on-going.
The decision of the Delhi court is not binding on the courts in Manipur, but the charges are analogous, and similar reasoning should prevail, the ICJ says.
“The government of Manipur should drop the other charges under section 309 against her, and release her immediately and unconditionally,” said Zarifi.
On at least two occasions previously, courts in Manipur have directed that Irom Sharmila be released, saying that charges under section 309 were not applicable.
“The use of section 309 against Sharmila highlights the outdated and absurd nature of this law,” Zarifi said.
“The government should expedite the repeal of 309 and, instead of criminalizing Irom Sharmila’s protest, focus on the reason behind it and repeal the AFSPA,” he added.
The AFSPA gives armed forces a range of “special powers” in “disturbed areas”, which include the power to arrest without warrant, to enter and search any premises, and in certain circumstances, “fire upon or otherwise use force, even to the causing of death”.
Furthermore, under the AFSPA, governmental permission, or sanction, is required before any member of the armed forces can be prosecuted for crimes in a civilian court.
These provisions are inconsistent with a range of human rights, including the right to life and right to remedy.
They have also facilitated torture, rape and enforced disappearances in areas where operational, the ICJ notes.
“This law is inconsistent with India’s human rights obligations, and has led to human rights violations, wide-spread impunity, and immense grief and suffering in the areas where it operates”, Zarifi said.
“It is high time that it was taken off the books”.
Background
Irom Sharmila began a hunger strike in November 2000, calling for the repeal of the AFSPA, following the unlawful killing of 10 civilians by security forces purportedly acting under it in Malom.
She was arrested by the Manipur government in 2000 under section 309 of the Indian Penal Code, which prohibits an “attempt to commit suicide”.
Irom Sharmila has been in custody almost continuously since her initial arrest, and has continued her hunger strike.
She is fed through a nasal tube at the Jawaharlal Nehru hospital in Imphal where she is usually held.
The Delhi government also charged her on similar grounds with respect to an incident from 2006, when she held a protest in their jurisdiction.
In 2014, a Manipur court quashed charges under section 309 against Irom Sharmila, saying “The agitation of Irom Chanu Sharmila is a political demand through lawful means of repealing a valid statute. … she may continue with the fast till her demand is met politically by the Government”.
However, since she continued her hunger strike, she was immediately re-arrested on the same grounds.
In its 210th report, the Indian Law Commission has recommended that section 309 be repealed. In 2011, the Supreme Court said: “the time has come when [section 309] should be deleted by Parliament as it has become anachronistic.”
In 2014, the government announced that it was in the process of repealing 309.
The AFSPA applies to “disturbed areas” in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura.
An almost identical law is also applicable in Jammu and Kashmir.
Dec 22, 2015 | News
The ICJ today called on Egypt’s newly elected House of Representatives to amend or annul the web of repressive presidential decrees promulgated since the ouster of President Morsi.
“Egypt’s House of Representatives must dismantle the catalogue of repressive presidential decrees that have been used by the authorities to stifle dissent, curtail fundamental rights and freedoms and shield state officials from accountability in cases of human rights violations,” said Said Benarbia, Director of the ICJ’s Middle East and North Africa (MENA) Programme.
Article 156 of the Egyptian Constitution provides that decrees issued by the President while the House of Representatives is not in session must be discussed and approved by the new House of Representatives within 15 days of it convening.
Failure to do so results in the laws being automatically nullified with retroactive effect.
The ICJ and others have detailed how many of these presidential decrees, including the Demonstration Law (No.107 of 2013), the Counter-Terrorism Law (No.94 of 2015), the Terrorist Entity Law (No.8 of 2015), the Law on Military Courts (No.136 of 2014) and laws amending the Criminal Code (No.128 of 2014) and the Prison Law (No.106 of 2015), violate Egypt’s obligations under international law.
Key concerns relate to the right to life, the right to liberty and the right not to be subjected to arbitrary detention, fair trial rights, and the rights to freedom of expression, association and assembly.
These fundamental rights are protected by for instance the International Covenant on Civil and Political Rights, which Egypt ratified in 1982 and which today counts 168 states as parties.
Over the last two years, thousands of individuals have been prosecuted and convicted pursuant to such decrees, including the Demonstration Law, through proceedings that fell short of international fair trial standards.
Further, many of these decrees, in particular the Counter-Terrorism Law and the Demonstration Law, institutionalise the immunity of state officials from legal proceedings against any use of force committed in the course of their duties, including the use of lethal force when it is not strictly necessary to protect lives.
The decrees also fail to provide for any reparations mechanism for victims.
“Egypt’s parliament should, as a matter of urgency, ensure that those who have suffered human rights violations on the basis of these laws obtain effective remedy and reparations, remove all obstacles to justice and accountability, and address the impunity of state officials underpinned by these decrees”, Benarbia added.
Contact:
Alice Goodenough, Legal Adviser of the ICJ Middle East and North Africa Programme, t: +44 7815 570 834; e: alice.goodenough(a)icj.org
Nader Diab, Associate Legal Adviser of the ICJ Middle East and North Africa Programme, t: +41 229 793 804; e: nader.diab(a)icj.org
Egypt-New House of Representatives-News-Press releases-2015-ARA (full text in Arabic, PDF)
Oct 29, 2015 | News
The Singaporean government should halt the imminent execution of Kho Jabing and commute his death sentence, said the ICJ today.
In 2010, Kho Jabing was convicted and sentenced to death, after having been found guilty of murder.
Amendments made to its laws on the death penalty in 2012 allowed for persons who had been subjected to the death penalty the option to elect to be considered for re-sentencing under the new rules.
Kho Jabing, under this process, was re-sentenced to life imprisonment and 24 strokes of the cane.
The prosecution, however, appealed the re-sentencing, and the case was brought to the Court of Appeal.
On 14 January 2015, the Court of Appeal decided to reinstate the death penalty in the case.
Kho Jabing filed a clemency appeal and the Court of Appeal rejected this on 19 October 2015.
The authorities have not released the date of Kho Jabing’s execution, but it is believed that he is likely to be executed during the first week of November 2015.
“Singapore has obscured the extent and nature of its execution practices and its record on respect for the right to life”, said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“Failure to be transparent about its use of the death penalty, flies in the face of international human rights standards,” he added.
The ICJ opposes the death penalty in all circumstances and considers the imposition of the death penalty to constitute a denial of the right to life and a form of cruel, inhuman and degrading punishment.
The view that the death penalty is never justifiable is shared by the overwhelming majority of States, United Nations institutions, and numerous civil society organizations.
In December 2014, the UN General Assembly, by a very wide majority, adopted a Resolution repeating its call for all States retaining the death penalty to institute a moratorium on the practice, with a view to abolition.
The ICJ has also received information that Singapore carried out two executions in October 2015. The authorities, however, have not issued an official statement regarding these executions.
To date, the Singapore government has not released the exact number of executions undertaken in the country.
In 2004, UN Special Rapporteur on extrajudicial, summary, or arbitrary executions emphasized the importance of transparency wherever the death penalty is applied.
According to the UN Special Rapporteur, “Secrecy as to those executed violates human rights standards.”
In addition, a “full and accurate reporting of all executions should be published, and a consolidated version prepared on at least an annual basis.”
The ICJ calls on the Singapore government:
- to stop the execution of Kho Jabing and commute his sentence, to one that does not include caning, which constitutes a form of cruel, inhuman or degrading punishment
- to institute an immediate moratorium on executions
- to take all necessary measures to abolish the death penalty in law
- to make public a full and accurate report of all executions in the country
Contact:
Emerlynne Gil, ICJ Senior International Legal Adviser for Southeast Asia, (Bangkok), t: +66840923575, e: emerlynne.gil(a)icj.org
Jul 30, 2015 | News
The ICJ strongly condemned the execution of Yakub Memon, who was hanged in Nagpur Central Jail, India this morning.
“Yakub Memon’s execution is a distressing and regressive move, keeping India in the minority of countries which continue to carry out executions,” said Sam Zarifi, ICJ Asia Pacific Regional Director. “While Yakub Memon was convicted of terrible crimes, executing him was not the solution. India should immediately put in place a moratorium on the death penalty.”
A court set up under the Terrorist and Disruptive Activities (Prevention) Act (TADA) convicted and sentenced Yakub Memon to death for a range of offences, including conspiracy to commit terrorist acts, in connection with the deadly terrorist attacks in Mumbai in 1993.
These attacks killed more than 250 people and injured more than 700. The main accused in this case, including Yakub Memon’s brother Tiger Memon, have still not been apprehended or tried.
“In executing Yakub Memon, the Indian government has only fulfilled a desire for retribution and added to the disturbing trend of executions in the name of fighting terrorism in South Asia”, Zarifi added. “The death penalty has not been shown to have any deterrent effect on crime or terrorism anywhere in the world.”
The Indian Supreme Court had confirmed Yakub Memon’s conviction and sentence on appeal from the court set up under the TADA in March 2013.
The Indian government repealed the TADA in 1995, after sustained national and international criticism for its incompatibility with human rights law, particularly the right to fair trial.
Yakub Memon was tried under provisions of the TADA as it was the law in force in 1993, when the terrorist attacks in Mumbai occurred.
The Indian president rejected a first mercy petition on his case in April 2014.
He subsequently filed a review petition challenging his sentence before the Indian Supreme Court, which was rejected on 9 April 2015.
On 21 July 2015, the Indian Supreme Court dismissed his curative petition for the commutation of his death sentence.
A court had authorized his execution before his curative petition was dismissed.
Yakub Memon then approached the Indian Supreme Court challenging, both, the manner in which his curative petition was heard and dismissed, and the validity of the order authorizing his execution. However, the Supreme Court dismissed both these arguments yesterday.
Over the past week, Yakub Memon filed fresh mercy petitions to commute his death sentence before the Governor of the State of Maharashtra and the President of India. Both were rejected yesterday.
Yakub Memon’s lawyers challenged the rejection of the mercy petition, and asked the Indian Supreme Court to stay the execution as per the guidelines issued in the 2014 case of Shatrughan Chauhan v Union of India, for “safeguarding the interests of the death row convicts”.
These included ensuring a minimum period of 14 days “between the receipt of communication of the rejection of the mercy petition and the scheduled date of execution”.
But the Court – in a hearing early this morning – rejected this final plea.
Background:
This is India’s third execution in the past five years. India resumed executions in 2012, after a gap of eight years. Since November 2012, two other people have been executed, Ajmal Kasab and Afzal Guru.
They also were both charged and convicted for their role in terrorist attacks.
The ICJ expresses its solidarity with the victims of the 1993 attack, and their families.
India is a party to the International Covenant on Civil and Political Rights, which guarantees the right to a fair trial as well as the right to life and freedom from cruel, inhuman, or degrading treatment or punishment.
The UN Human Rights Committee, the supervisory authority for the ICCPR, has emphasized: “In cases of trials leading to the imposition of the death penalty scrupulous respect of the guarantees of fair trial is particularly important. The imposition of a sentence of death upon conclusion of a trial, in which the provisions of article 14 of the Covenant have not been respected, constitutes a violation of the right to life.”
In December 2014, the UN General Assembly adopted a resolution, for the fifth time since 2007, emphasizing that the use of the death penalty undermines human dignity and calling on those countries that maintain the death penalty to establish a moratorium on its use with a view towards its abolition. Some 117 UN Member States, a wide majority, voted in favor of a worldwide moratorium on executions as a step towards abolition of the death penalty.
The ICJ opposes capital punishment in all cases without exception. In line with the present international trend, the ICJ calls on India to impose an official moratorium on the death penalty, with a view to abolishing the death penalty.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
