PAKISTAN: Open Letter – Urgent Request to halt the execution of Behram Khan

Ref: ASA 33/006/2012

28 May 2012

President Asif Ali Zardari

Pakistan Secretariat

Islamabad, Pakistan

Dear President,

OPEN LETTER:  TO URGENTLY REQUEST A HALT TO THE EXECUTION OF BEHRAM KHAN 

The Anti-Death Penalty Asia Network (ADPAN) and Amnesty International (AI) calls on you to take steps to halt the execution of Behram Khan, to establish a moratorium on executions with a view to abolition and to commute all death sentences.

Behram Khan is scheduled to be executed on 30 June 2012. This would be the first execution in Pakistan in almost four years and the first under your government. It would end your administration’s welcome policy, announced in 2009, of moving Pakistan closer to the global trend towards the abolition of the death penalty. The execution of Behram Khan would reverse the hard fought progress made in Pakistan and possibly open the door to more executions. Only you as President can halt this execution.

Behram Khan was sentenced to death by an Anti-Terrorism Court on 23 June 2003 for the murder of lawyer Mohammad Ashraf. On 15 April 2003 he had come to the Sindh High Court to kill Qurban Ali Chauhan, a lawyer for a man accused of killing Behram Khan’s maternal uncle. Mistaking him to be Qurban Ali Chauhan, Mr Khan killed Mohammad Ashraf. A sub-inspector of police, Pir Bux, who accompanied Mr Khan to the court, was given a life sentence.

As you will know, appeals against his death sentence were turned down by the Sindh High Court and the Supreme Court of Pakistan, and a final mercy petition turned down by you, as President. On 10 May, the Anti-Terrorism Court issued a final death warrant for Behram Khan’s execution on 23 May and you issued a stay postponing his execution until 30 June.

The Anti-Terrorism Courts established in 1999 “for the purpose of providing for the speedy trial of the cases” undermine the rights to a fair trial.  The Anti-Terrorism Act 1997 has been changed various times since, but ADPAN has noted some remaining concerns in its report describing unfair trials in death penalty cases across Asia, When Justice Fails, Thousands Executed in Asia after Unfair Trials, ASA 01/023/2011. A copy of this report is attached with this letter. These concerns include the very restricted public access to the courts, as well as ‘the requirement for trials to be completed within seven working days, putting judges under extreme pressure to convict.’

Amnesty International opposes the death penalty in all cases and without exceptions. ADPAN is an independent regional network comprising lawyers, NGOs and civil society groups from 24 countries including Pakistan.  It campaigns for an end to the death penalty across the Asia-Pacific region.

We welcome the fact that no executions have been carried out in Pakistan since late 2008, but death sentences continue to be imposed, with at least 313 handed down in 2011. Over half of all those sentenced to death in 2011 were found guilty of murder, while others were convicted of drug trafficking and rape to kidnapping for ransom. Three were sentenced to death for blasphemy, but no one has ever been executed for blasphemy. The Human Rights Commission of Pakistan estimates that over 8,300 people are currently on death row.

The resumption of executions after almost four years would place Pakistan in opposition to regional and global trends towards the abolition of the death penalty. As of May 2012, more than two-thirds of all countries have abolished the death penalty in law or practice. Most recently, in March this year, Mongolia became the 141st country to have joined this group of countries by becoming a state party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

Out of 41 countries in the Asia-Pacific region, 17 have abolished the death penalty for all crimes, 10 are abolitionist in practice and one – Fiji – uses the death penalty only for exceptional military crimes. Over the years UN and regional bodies have adopted resolutions, recommendations and instruments to support the abolition of the death penalty. Since 2007 the UN General Assembly has adopted with large majorities resolutions calling for the establishment of a moratorium on the use of the death penalty, with a view to abolishing the death penalty.

Amnesty International and ADPAN reiterate its appeal to you to stop the execution of Behram Khan, to establish a moratorium on executions and commute all death sentences.

Yours sincerely,

 

Pollyanna Truscott                                                                                                                                Kamran Arif

Deputy Asia-Pacific Director                                                                                                            Co-chair

International Secretariat, Amnesty International                                                                  Human Rights Commission Pakistan

 

ADPAN-AI open letter Behram Khan_FINAL pdf

Leave a Comment
by buddhasbreakfast on 28/05/2012  •  Permalink
Posted in News
Tagged , ,

Posted by buddhasbreakfast on 28/05/2012

http://adpan.net/2012/05/28/pakistan-open-letter-urgent-request-to-halt-the-execution-of-behram-khan/

URGENT ACTION: Executions set to resume in Pakistan

The execution of Behram Khan by hanging has been scheduled for 30 June. It would be the first execution in Pakistan in almost four years and could pave the way for authorities to carry out more death sentences. Only the President of Pakistan can permanently halt his execution.

Behram Khan was sentenced to death by an Anti-Terrorism Court on 23 June 2003 for the murder of lawyer Mohammad Ashraf. On 15 April 2003, Behram Khan came to the Sindh High Court, intending to kill Qurban Ali Chauhan, a lawyer representing a man accused of killing Behram Khan’s maternal uncle. Mistaking him for Qurban Ali Chauhan, Behram Khan killed Mohammad Ashraf. A sub-inspector of police, Pir Bux, who accompanied Behram Khan to the court, was sentenced to life imprisonment for assisting with the killing.

Appeals against Behram Khan’s death sentence at both the Sindh High Court and the Supreme Court of Pakistan were rejected, as was a subsequent mercy petition submitted to Pakistani President Asif Ali Zardari. On 10 May, following the dismissal of the mercy petition, an Anti-Terrorism Court issued a final warrant for Behram Khan’s execution on 23 May. On 17 May however, the President issued a stay order, postponing the execution until 30 June.

The execution would be the first to take place in Pakistan since late 2008 and the first under the current government.

Please write immediately in English, Urdu or your own language:

Calling on President Zardari to immediately halt Behram Khan’s execution;

Reminding President Zardari of Amnesty International’s position that the death penalty is the ultimate cruel, inhumane and degrading punishment, and a violation of the right to life;

Calling for the Pakistan government to establish an official moratorium on all executions in the country, including Behram Kahn’s, as a first step towards abolition of the death penalty, in line with the growing global trend, and UN General Assembly resolutions 62/149 (2007), 63/168 (2008) and 65/206 (2010);

Urging the Pakistan President to commute all existing death sentences.

PLEASE SEND APPEALS BEFORE 30 JUNE 2012 TO:

President

Asif Ali Zardari, Pakistan Secretariat, Islamabad

Pakistan, Fax: +92 51 920 4974

Email: publicmail@president.gov.pk

Salutation: Dear President

EXECUTIONS SET TO RESUME IN PAKISTAN

Additional Information

The Pakistan Government has not carried out executions since late 2008, but death sentences continue to be imposed, with at least 313 handed down in 2011. Over half of all those sentenced to death last year were found guilty of murder, while others were convicted of offences ranging from drug trafficking and rape to kidnapping for ransom. Three persons were sentenced to death for blasphemy, but no one has ever been executed for this offence in Pakistan’s history. The Human Rights Commission of Pakistan estimates that over 8,300 people are currently on death row.

 The resumption of executions after a hiatus of almost four years would place Pakistan in opposition to regional and global trends towards abolition of the death penalty. As of May 2012, more than two-thirds of all countries have abolished the death penalty in law or practice. Most recently, on 13 March 2012, Mongolia became the 141st country to join this group by becoming a state party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

 Out of 41 countries in the Asia-Pacific region, 17 have abolished the death penalty for all crimes, 10 are abolitionist in practice and one – Fiji – uses the death penalty only for exceptional military crimes. Over the years several UN and regional bodies have discussed and adopted resolutions, recommendations and instruments to support the call for the worldwide abolition of the death penalty. In 2007, 2008 and 2010 the UN General Assembly adopted with large majorities resolutions 62/149, 63/168 and 65/206 respectively, calling for the establishment of a moratorium on the use of the death penalty “with a view to abolishing the death penalty.”

 Amnesty International opposes the death penalty in all cases without exception, considering it a violation of the right to life as recognized in the Universal Declaration of Human Rights and the ultimate cruel, inhuman and degrading punishment.

Leave a Comment
by buddhasbreakfast on 28/05/2012  •  Permalink
Posted in Urgent Action
Tagged , ,

Posted by buddhasbreakfast on 28/05/2012

http://adpan.net/2012/05/28/urgent-action-executions-set-to-resume-in-pakistan/

SINGAPORE – Joint letter appealing for Yong Vui Kong to be granted clemency

AI Index: ASA 36/2012.002

8 May 2012

Mr.  K. Shanmugam

Law Minister and Minister of Foreign Affairs

The Treasury,
100 High Street, #08-02
Singapore 179434

Dear Minister

OPEN LETTER: CLEMENCY FOR YONG VUI KONG URGENTLY REQUESTED

Amnesty International and the Anti-Death Penalty Asia Network (ADPAN) urge Singapore’s Cabinet to advise the President to grant clemency to Yong Vui Kong, a young Malaysian who faces imminent execution for drug trafficking. Clemency granted by the President, following advice from the Cabinet, is Yong’s last hope.

On 4 April, Singapore’s Supreme Court rejected Yong Vui Kong’s third and final appeal submitted by his lawyer, M. Ravi. The appeal argued that Yong Vui Kong was subjected to unequal treatment before the law when the Attorney-General’s Chamber decided not to prosecute the alleged mastermind of the drug operation, a Singaporean who was Yong Vui Kong’s former boss. He remains free from prosecution now that all 26 charges against him were withdrawn by the Attorney-General’s office. Yet his former employee, Yong Vui Kong, has spent almost four years on death row and now faces imminent execution.

Yong Vui Kong was 19 when first arrested in 2007 for possessing 47g of heroin.  In 2008 Singapore’s High Court sentenced him to death under the Misuse of Drugs Act – which provides a mandatory death sentence for anyone caught with over 15g of heroin.  The law strips the judiciary of discretion to pass a lesser sentence, or to individualize the sentence in conformity with the degree of culpability of the accused.

In 2005 the UN Special Rapporteur on extrajudicial, summary or arbitrary executions said that Singapore’s execution of another prisoner sentenced to death for trafficking heroin, Nguyen Tuong Van, would violate international legal standards relating to the imposition of the death penalty. “No international human rights tribunal anywhere in the world has ever found a mandatory death penalty regime compatible with international human rights norms,” the Special Rapporteur stated.

In resolution 2005/59, adopted on 20 April 2005, the UN Commission on Human Rights urged all states that still maintain the death penalty “to ensure… that the death penalty is not imposed… as a mandatory sentence”.

Amnesty International and ADPAN urge Singapore to follow the worldwide trend among common-law countries to ban the use of the mandatory death penalty. The US Supreme Court struck down mandatory penalty in 1976, ruling in Woodson v. North Carolina that “fundamental respect for humanity … requires consideration of the character and record of the individual offender and the circumstances of the particular offense.” In 1983, the Indian Supreme Court ruled that the penalty was unconstitutional in Mithu v. Punjab, stating that ““[t]he legislature cannot make relevant circumstances irrelevant, deprive the courts of their legitimate jurisdiction to exercise their discretion.” More recently, in Attorney-General vs Kagula, the Supreme Court of Uganda in 2009 struck down the mandatory death penalty because it prevented courts from considering all specific circumstances of the defendant and of the crime.

Yong Vui Kong’s case has sparked widespread concern around the world.  In his own country, Malaysia, Foreign Minister Anifah Aman and Malaysian legislators requested the Singaporean authorities to grant clemency in 2010.

The President of Singapore can only grant a presidential pardon upon the advice of the Cabinet. Clemency for a death sentence has only been granted six times since independence in 1965.  Amnesty International and the Anti-Death Penalty Asia Network call on you and other members of the Cabinet to ensure respect for international legal standards by recommending the commutation of Yong Vui Kong’s death sentence.

Amnesty International opposes the death penalty in all cases and without reservation.  ADPAN is an independent regional network comprising lawyers, NGOs and civil society groups from 24 countries including Singapore. It campaigns for an end to the death penalty across the Asia-Pacific region.

More than two-thirds of states have abolished the death penalty in law or in practice. Death sentences and executions are decreasing globally and in Asia. Out of 41 countries in the Asia-Pacific, 28 have abolished it in law or in practice.   Five out of the 10 ASEAN-member states have also abolished the death penalty in law or in practice. Singapore is one of the few remaining countries in the region that still carries out executions.

Amnesty International and the Anti-Death Penalty Asia Network are appealing to the Singapore authorities to stop the execution of Yong Vui Kong, to establish a moratorium on the death penalty and to suspend executions.

Sincerely yours,

Donna Guest,   Asia Deputy Director International Secretariat , Amnesty International

M. Ravi,  Counsel for Yong Vui Kong  and  Anti-Death Penalty Asia Network (ADPAN) member

Joint Letter to Singaporean Minister of Law

Leave a Comment
by contactadpan on 09/05/2012  •  Permalink
Posted in News
Tagged , , , ,

Posted by contactadpan on 09/05/2012

http://adpan.net/2012/05/09/open-letter-from-adpan-and-ai-to-singapore-minister-appealing-for-yong-vui-kong/

SINGAPORE – Singapore should join global trend and establish a moratorium on executions

AMNESTY INTERNATIONAL

PUBLIC STATEMENT

AI Index: ASA 36/004/2012
2 May 2012

Singapore should join global trend and establish a moratorium on executions

Singapore’s announcement that it carried out four executions in 2011, after no executions the previous year, flouts the global trend toward abolition of the death penalty and reversed a notable reduction in executions there, Amnesty International said today.

On 27 March 2012, Amnesty International published its annual global figures on the use of the death penalty, noting no confirmed reports of executions in Singapore for 2011. After publication, however, Amnesty International learned that Singapore authorities had reported four executions for 2011.

Amnesty International has repeatedly requested Singapore to make information on the death penalty public, and has written to the authorities requesting this, but has yet to receive a reply. In 2011, the government took the welcome step of publishing its 2010 statistics in its Prison Service’s annual report.
 
International standards and UN bodies urge member states to publish regular information about the use of death penalty. However, gathering information on executions, death sentences and other details about death row inmates was difficult in Singapore without regular and consistent publication of this information by the state.

The Singapore Prison Service said that two people were executed for murder and two for drug trafficking in 2011.  These statistics are corroborated by figures from the Ministry of Home Affairs as reported in the Singaporean newspaper The Straits Times, which also published the number of executions carried out each year between 1991 and 2011.

This 20-year series of statistics indicates a progressive reduction in the use of the death penalty in Singapore.  According to the press report, more than 70 people were executed per year in both 1994 and 1995, including more than 50 per year for the non-violent offence of drug trafficking. Since 2004, the figures of total executions for each year have been lower than 10; in 2010, no one was reportedly executed. After the good news of 2010, it is regrettable that the authorities resumed executions last year.

Today, a young Malaysian is facing imminent execution in Singapore for a drug conviction. Amnesty International urges the President to halt the execution of Yong Vui Kong, who was sentenced to death in January 2009 for trafficking 47 grams of heroin, a crime committed when he was only 19 years old. Under Singapore’s drug laws, a defendant is automatically presumed guilty of drug trafficking in cases where possession of heroin exceeds two grams. The death penalty is mandatory for cases involving more than 15 grams.

Yong’s most recent appeal was dismissed by the Courts of Appeal in April. Meanwhile, 26 criminal charges against his former boss, a Singaporean alleged to have masterminded the crime, have been withdrawn by the Attorney-General’s chambers.

Yong Vui Kong’s case has generated widespread concern, including in his native country Malaysia, where Foreign Minister Anifah Aman and Malaysian legislators have urged Singaporean officials to grant clemency.

More than two-thirds of all countries worldwide have abolished the death penalty in law or practice.  In the Asia-Pacific region, 28 countries out of 41 have abolished the death penalty for all crimes either in law or practice, including 13 Commonwealth countries from the region.

Leave a Comment
by buddhasbreakfast on 04/05/2012  •  Permalink
Posted in News
Tagged , , ,

Posted by buddhasbreakfast on 04/05/2012

http://adpan.net/2012/05/04/singapore-singapore-should-join-global-trend-and-establish-a-moratorium-on-executions/

SINGAPORE: Urgent Twitter Action for Yong Vui Kong

Yong Vui Kong was sentenced to death for possession of 47g of heroin in 2007. He lost his final appeal on 4 April 2012. Unless he is granted clemency by the President of Singapore, following advice from the Cabinet, he is likely to be executed in the coming weeks. It is imperative that we act quickly to try and save Yong’s life. Yong’s case has made a huge impact on the debate on the death penalty in both Singapore and Malaysia. We ask that everyone joins us in the big push at this vital time.

The Minister of Law (who is also the Minister of Foreign Affairs) Mr. K. Shanmugam said on 9 May 2010;

“Yong Vui Kong is young. But if we say ‘We let you go’, what is the signal we are sending?”

We need to send Mr. Shanmugam a signal of our own. We need to bombard the Twitter account (primarily with direct messages but also mentions) of the Singaporean Ministry of Foreign Affairs (@MFAsg) with the following message;

‘@MFAsg Mr K Shanmugam, give Yong Vui Kong a second chance to live! #deathpenalty #singapore #yongvuikong’

We ask that you tweet this message from 12am GMT on 9 May for a 24hr period. Please distribute as widely as possible.

For more information on Yong Vui Kong see case sheet at;

http://adpandotnet.files.wordpress.com/2011/11/adpan-appeal-case-singapore-corrected-final.pdf

Contact Rob Godden (rgodden@amnesty.org) with inquiries and for assistance. Please follow @ADPANetwork (the Anti-Death Penalty Asia Network on Twitter).

BACKGROUND:

YONG VUI KONG (Yong), a Malaysian man, was arrested in Singapore in 2007, aged 19, for possessing 47g of heroin. Yong had dropped out of school early and had turned to petty crime as a way of earning money. Under Singapore’s Misuse of Drugs Act, anyone caught with more than 15g of heroin is presumed to be guilty of drug trafficking, for which the death penalty is mandatory. As Yong was not able to counter this presumption, the High Court convicted him in 2008 and he was sentenced to death. The court had no discretion to consider mitigating circumstances or pass a lesser sentence. Lawyers filed an appeal against his conviction but Yong withdrew it in April 2009, saying that he had embraced Buddhism and wanted to acknowledge his crime.

Yong petitioned Singapore’s president for clemency on the basis of his youth but this was rejected in November 2009. Yong’s lawyer, M. Ravi, has appealed against Yong’s sentence by challenging the constitutionality of the mandatory death penalty for drug trafficking and seeking judicial review of the clemency process. But in May 2010, the Court of Appeal rejected the constitutional challenge on the mandatory death penalty for drug trafficking. This was the third time it had rejected such a challenge since 1980. The Court ruled that the right to life in the Singapore Constitution did not imply a ban on inhuman punishment, and by extension, on mandatory death sentences. It rejected a rule of customary international law that prohibits mandatory death sentences as an inhuman punishment or a violation of the right to life. M. Ravi’s application for judicial review of the clemency process argued that the power to grant pardon had been prejudiced by comments about the case made by the Law Minister, thereby undermining accepted principles of procedural fairness. This was dismissed by the High Court in August 2010. The Court of Appeal dismissed an appeal against the High Court’s decision in April 2011, clearing the way for Yong’s execution. The President can only exercise clemency following advice from the Cabinet and thus has little discretion in granting pardons. Clemency for a sentence of execution in Singapore has reportedly been granted only six times since independence in 1965.

 

1 Comment
by buddhasbreakfast on 03/05/2012  •  Permalink
Posted in Urgent Action
Tagged ,

Posted by buddhasbreakfast on 03/05/2012

http://adpan.net/2012/05/03/singapore-urgent-twitter-action-for-yong-vui-kong/

« Older Posts
Follow

Get every new post delivered to your Inbox.

Join 253 other followers