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‘No Need’ to Hang Iranian Criminal for a Second Time

By Thomas Murphy
Impunity Watch Reporter, Middle East

TEHRAN, Iran – Iran’s Justice Minister Mostafa Pourmohammadi ruled that there is “no need” for a man who survived a hanging to be hanged a second time. Lawyers and human rights activists lobbied the head of the judiciary to prevent a repeat hanging after the man was found alive in a morgue.

Human rights groups believe that Iran is behind only China in the number of people it executes each year. (Photo Courtesy of AFP)

Justice Minister Mostafa Pourmohammadi reasoned that executing the man would have negative repercussions against Iran’s image, the ISNA news agency reported. Iran’s government had no direct control over the decision as the power fell directly with the judiciary.

One senior judge, Nourollah Aziz-Mohammadi, argued that the law required that the convict must die.

“When a convict is sentenced to death, he must die after the sentence is carried out,” Aziz-Mohammadi said. “Now that he is alive, we can say the sentence was not carried out and must be repeated.”

The 37-year-old convicted drug smuggler, named as Alireza M, was hanged at a jail in the north-eastern city of Bojnord last week. He had been left to hang for 12 minutes and was declared dead by a doctor. It was not until the next day that he was discovered alive in the morgue when his family came to retrieve his body. Alireza was taken to a Bojnord hospital, where he is reportedly in a coma and under armed guard.

Last week, Amnesty International and other human rights activists urged Iran to spare Alireza based upon international laws against cruel and unusual punishment. Amnesty International estimates that Iran has executed at least 508 people this year alone and has called for a moratorium on all executions in Iran.

“The horrific prospect of this man facing a second hanging, after having gone through the whole ordeal already once, merely underlines the cruelty and inhumanity of the death penalty,” said Philip Luther, director of Amnesty International’s Middle East and North Africa program.

For further information, please see:

ABC – Iran Minister Says No Need to Re-Hang Convict – 22 October 2013

BBC – Iran minister says ‘no need’ to hang criminal again –  22 October 2013

Washington Post – Iran says ‘no need’ to finish off convict who survived his hanging –  22 October 2013

Reuters – Hope for Iranian who survived botched hanging as sharia expert doubts ruling – 19 October 2013

Chinese Police Open Fire on Peaceful Protesters in Tibet

By Brian Lanciault
Impunity Watch Reporter, Asia

BEIJING, China– Chinese police opened fire on a crowd of Tibetan residents gathered in protest of the detention of a fellow villager who refused to comply with orders to display the national flag. Reports indicate that at least 60 people were injured.

An activist holds up a “Free Tibet” banner in protest. (Photo Courtesy of Getty Images)

Although the use of force by police to disperse unwanted crowds of protesters is common in China, shooting into crowds and causing mass injury has garnered global attention. According to the London-based Free Tibet organization, police aggressively fired at the crowd with tear gas and bullets. Local government officials have yet to comment on the incident.

Security forces had been deployed in mass beginning October 1 in response to reports that local authorities were struggling contain unrest surrounding a government order that all houses must display the national flag in commemoration of National Day. Government teams reported to the Biru region of Tibet in order to compel villagers to follow the order.

China has claimed Tibet as its own territory for centuries, but Tibetans claim that the region was an independent nation until Chinese communist soldiers began to occupy the territory in the 1950s.

The protests began after government officials detained local resident Dorje Draktsel, who was arrested last week for protesting the flag order.

The self-proclaimed Tibetan government-in-exile, based in India, said it has received reports of the firing in Biru, but had little information surrounding the incident. Spokesman Tashi Phuntsok said that the exiled Tibetans had heard protesters were injured, but did not know how many.

Many Tibetans, who resent the Chinese government’s crackdown on Tibetan and Buddhist culture, believe that Beijing’s economic policies in the Himalayan region have largely benefited Chinese migrants, at the expense of Tibetan natives. China, in return, says it has made vast investments to boost the region’s economy and improve Tibetans’ quality of life.

Tensions in the region have increased since protests were organized in the Tibetan capital, Lhasa, in March of 2008. Then, approximately 20 people were killed, followed by another 100 people, mostly Buddhist monks, who committed suicide in protest against Chinese colonization.

For more information, please see:

Global Post– 60 Wounded by police during Tibet protest — 8 October 2013

Radio Free Asia– Chinese Police Fire on Unarmed Tibetan Protesters in Driru — 8 October 2013

Al Jazeera– Chinese police fire at Tibetan protesters — 8 October 2013

ABC News– Reports: Chinese Police Fire at Tibetan Protesters — 8 October 2013

Voice of America– Activists: Chinese Police Fire on Protesters in Tibet, Wounding Dozens — 8 October 2013

Boko Haram Gunmen Kill College Students in Early Morning Attack

By Erica Smith
Impunity Watch Reporter, Africa

LAGOS, Nigeria — At least 40 students were killed today when Boko Haram gunmen opened fired on their dormitory. All of the dead are believed to have been students in the College of Agriculture in Gujba, some 30 kilometres from Damaturu, the capital of Yobe state. Northeastern Nigeria has been under a state of emergency for several months following multiple attacks by the extremist group.

Boko Haram Fighters (Photo Courtesy of ABC News)

Initial reports indicate that most of the students were asleep when the dormitory was attacked and many died in their sleep. A local politician has told the BBC that two van loads of bodies were taken away from the scene. College provost Molima Idi Mato, speaking to Associated Press, said the number of dead could be as high as 50 and that about 1,000 students had fled the campus. The gunmen also set fire to classrooms.

Surviving students are looking for family and many people have shown up at the hospital looking for loved ones.

Academic activities only resumed last week in schools in Yobe state following 10 weeks of closure after an attack by members of Boko Haram on two secondary schools, which led to the death of 29 students and three teachers . Boko Haram, which roughly translates to “western education is forbidden”, has a penchant for attacking schools and students because they believe that schools are a symbol of Western culture and ought to be destroyed.

The military believes that  the recent school attacks are a sign of desperation by the Islamists because the group only has the capacity to hit soft targets, like schools.  The defence ministry has said that an offensive launched against Boko Haram in May has greatly weakened the group and scattered their fighters across the northeast. The fact that the group is still launching attacks, even if they are in remote places, casts some doubt on the military’s claims of success.

For further information, please see:

ABC News — At least 40 dead after Boko Haram militants open fire in college dorm in Nigeria — 29 September 2013

All Africa — Nigeria: Breaking – Boko Haram Gunmen Kill Many Yobe Agric College Students in Early Morning Attack — 29 September 2013

BBC News — Nigeria attack: Students shot dead as they slept — 29 September 2013

Daily Post — Several Students killed as Boko Haram attacks College of Agriculture in Yobe — 29 September 2013

India’s Cabinet Passes Executive Order Protecting Convicted Politicians

By Brian Lanciault

Impunity Watch Reporter, Asia

NEW DELHI, India– India’s cabinet moved to shield politicians found guilty of crimes by passing an executive order on Tuesday that could allow convicted lawmakers to continue to hold office and stand in elections, ahead of national polls due by next May.

People gather outside the Indian Parliament building during its session. (Photo courtesy of Reuters)

About thirty percent of Indian lawmakers across federal and state assemblies have pending criminal charges against them, and following a Supreme Court order in July, many faced being expelled from their seats. In response, the ruling congressional party had already moved a parliamentary bill to partially reverse the decision of the court, which held that any lawmaker found guilty of a crime could no longer hold or run for elected office.

The current ordinance is believed to resemble the content of the parliamentary bill, which would allow lawmakers facing criminal charges to continue taking part in parliamentary proceedings such as debates, but would not permit them to vote or receive a government salary.

The bill has not yet passed through India’s historically slow-moving parliament. Some commentators believe the government sprung to action in light of the possible corruption conviction of a key electoral ally of the majority,  in a case set to conclude next week.

“When it comes to saving their convicted brethren, they act with lightning speed,” said Amulya Ganguli, a political analyst.

Following India’s 2009 general election, some thirty percent of the lawmakers sworn into the federal and state assemblies had criminal charges against them, according to an analysis by the Association for Democratic Reforms, an advocacy group.

In the Lok Sabha, the lower house of the national assembly, 162 of the 543 MPs indicated that there were pending criminal cases against them in sworn affidavits filed prior to elections. In the state assemblies, 1,258 of the 4,032 lawmakers declared criminal charges. The amount of subsequent convictions remains unknown.

Before July’s Supreme Court order, Indian lawmakers had been able to capitalize on a loophole whereby those who filed appeals within three months of a guilty verdict could stay in office.

The ordinance must be signed by Indian president Pranab Mukherjee in order to become law. The law must be ratified by parliament within six weeks of the next parliament session. Analysts suspect it will pass with ease.

“There is widespread support for this among the political class,” said Neerja Chowdhury, a political commentator and former political editor of The Indian Express newspaper.

The case due to conclude next week involves Lalu Prasad, a former chief minister for the eastern state of Bihar, and a frequent ally of the ruling congressional party. Prasad is accused of participating in a scam where money was allegedly taken from state treasuries to provide fodder for herds of livestock that later turned out to be non-existent.

“Lalu Prasad’s possible conviction could have prompted the cabinet to pass this ordinance,” Chowdhury said. “There are some who feel that…if they get Lalu Prasad on board they can win Bihar.”

Bihar is one of India’s most important electoral states.

Another influential figure, Rasheed Masood, a majority party member of India’s upper house and a former health minister, was found guilty last week in a corruption case. He was to be the first lawmaker to be affected by the Supreme Court order, according to local reports.

Numerous politicians have been charged with serious crimes such as rape and/or murder. Elected office is lucrative in a country where black markets often thrive under political protection. Political parties are often open to criminal syndicates who bring with them campaign financing.

For more information, please see:

Reuters — India’s cabinet moves to protect politicians convicted of crimes — 24 September 2013

Times of India — Cabinet clears ordinance to shield convicted lawmakers — 24 September 2013

Hindustan Times — Gov’t may bring ordinance to save tainted lawmakers — 23 September 2013

Zee News — Cabinet paves way for convicted MLAs, MPs to contest elections — 24 September 2013

Bloomberg — India Cabinet Counters Step to Ban Convicted Lawmakers, PTI Says — 24 September 2013

Russia Accuses the West of Exploiting Syrian U.N. Deal

By Darrin Simmons
Impunity Watch Reporter, Middle East

 DAMASCUS, Syria-Accusations of exploitation have been directed towards the U.S. and other major Western players involved in dealing with Syria’s chemical weapons.  Russia has claimed that the West is using the chemical weapons deal in the United Nations to threaten force against President Bashar al-Assad.

Lavrov and Kerry discussing Syria on Sunday.

The U.S., France, and Britain are pushing for a council resolution of the United Nation’s Charter, which if passed would authorize military intervention or sanctions if Damascus were to back out of its commitments.

The first commitment issued to Assad by the U.S.-Russia accord was met with compliance when he provided information about Syria’s chemical arsenal to the United Nations.  However, major powers on the U.N. Security Council have been in disagreement with how to further proceed.

Russia and China have blocked three draft resolutions on Syria since the start of the 2011 uprising against Assad.  Both countries oppose Western threats against an ally which Moscow has continually armed and supported during the civil war.

“They [the West] see in the U.S.-Russian deal not a chance to save the planet from significant quantities of chemical weapons in Syria, but as a chance to do what Russia and China will not allow, namely to push through a resolution involving the threat of force against the regime and shielding the opposition,” stated Russian Foreign Minister Sergei Lavrov.

Lavrov further claimed, “An international presence is needed on the perimeters of the areas where the experts will work.  We are willing to send our troops and military police to participate.”

Lavrov concluded saying, “I do not think that there is a need for a major contingent.  I think military observers will be sufficient.”

In responses, a U.S. State Department official reported that other council member states of the Organization for the Prohibition of Chemical Weapons had not yet seen the information regarding the chemical weapons status in Syria.  “We will make an evaluation of the document after it has been distributed to member states,” said the official.

Should the council resolution be passed, the world would see the destruction of nearly 1,000 tons of mustard gas, VX, and sarin which are believed to be in the possession of Syria.  The U.S.-Russia accord has also shown promise of a revised international political solution to the Syrian conflict as a whole.

For more information, please see the following: 

Aljazeera-Russia says West exploiting Syria deal-September 22, 2013

Reuters-Russia says West exploiting Syria deal to threaten force-September 22, 2013

Voice of America-Lavrov: US Trying to Blackmail Russia on UN Syria Resolution-September 22, 2013

Voice of Russia-Russian foreign chief Sergei Lavrov says US ‘overtly blackmailing’ Moscow on Syria-September 21, 2013