Pakistani Court Postpones Execution of Paraplegic Inmate

By Christine Khamis

Impunity Watch Reporter, Asia

 

ISLAMABAD, Pakistan –

Pakistan’s Lahore High Court postponed the execution of paraplegic inmate Abdul Basit on Tuesday, about an hour before his hanging was scheduled to occur. The postponement came just a day after Pakistan’s Supreme Court rejected a plea to grant Mr. Basit an execution stay order. It is unclear how long the postponement will last.

Mr. Basit has been on death row since he was convicted of murder in 2009 and has maintained his innocence throughout his time in prison. Mr. Basit became paralyzed after he contracted tubercular meningitis in prison, according to Sara Belal, an attorney at legal aid group Justice Project Pakistan.

Mr. Basit’s paraplegic condition makes it impossible for him to stand. (Photo courtesy of CNN)

According to the postponement order, Mr. Basit cannot be hanged in compliance with Pakistani prison guidelines, which state that the prisoner must stand on the gallows. In order to follow prison guidelines, the rope used as a noose must be a length proportional to the height of the prisoner in order to ensure that the prisoner has an instant, more humane death. Because Mr. Basit is in a wheelchair, figuring out the proper length of the rope is difficult.

There is concern among human rights groups that the hanging could go badly—if the rope is not the correct length, there is a risk that Mr. Basit will be either decapitated or subjected to prolonged strangulation. Both decapitation and prolonged strangulation would breach Mr. Basit’s dignity. Because the breach of a prisoner’s dignity is protected by Pakistan’s constitution, a botched hanging would violate Mr. Basit’s fundamental rights.

Before the postponement, Amnesty International issued a statement on Monday calling for Pakistan to cancel the execution and to impose a moratorium on all other executions. In the statement, Sultana Noon, Amnesty’s Pakistan Researcher, stated that Pakistani authorities should grant reprieve to Mr. Basit instead of deliberating on the logistics of hanging a man in a wheelchair.

Both the Pakistani Supreme Court and Lahore High Court previously authorized Mr. Basit’s execution. Mr. Basit’s hanging was initially scheduled for last month, but was postponed. The hanging was then re-authorized despite the fact that Mr. Basit filed a mercy petition with the courts, which is still pending.

After imposing a seven yearlong moratorium on all executions, Pakistan reintroduced the death penalty in December 2014. According to the Pakistani government, it reintroduced the death penalty measure to combat terrorism after a Taliban attack on a Peshawar school in which 150 people, mostly children, were killed. However, most of the prisoners that have been executed since the moratorium ended did not have terrorism-related convictions.

There have been 239 hangings in 2015 since Pakistan lifted the moratorium on executions. Additionally, Pakistan has the largest number of death row prisoners worldwide, with more than 8,000 prisoners awaiting execution.

 

For more information, please see:

BBC – Abdul Basit: Pakistan Delays Hanging of Paraplegic Man – 22 September 2015

CNN – Pakistan Court Delays Paraplegic’s execution – 22 September 2015

Amnesty International – Pakistan: Halt Execution of Paralysed Man Due to Take Place Tomorrow – 21 September 2015

New York Times – Pakistan: Supreme Court Declines to Block Execution of Paraplegic Inmate – 21 September 2015

 

 

Croatia Closes Borders to Serbia, Balkans in Disarray as Refugees Stream In

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

ZAGREB, Croatia–

Thursday, Croatia closed 7 of its 8 borders to Serbia after more than 10,000 refugees attempted to cross over the weekend. The country has been overwhelmed by the arrival of refugees, failing to provide adequate transportation to migrants hoping to cross into Slovenia. Initially, Prime Minister Zoran Milanović said that the country was willing and able to help refugees reach northern Europe by providing safe passage. However, it quickly became clear to the Croatian government that they had underestimated the challenge they agreed to take on.

Refugees walk towards the Croatia-Serbia border, as the borders have been closed between the two countries. More than 2,000 refugees were left stranded in Croatia as a result of the border closings. (Photo courtesy of The Guardian.)

The shift of the flow of refugees through the Balkans has changed the dynamic of the refugee crisis in Europe, as it threatens to reopen old wounds and international mistrust. The migrants are traveling through the countries that once made up the country of Yugoslavia, which still harbors racial tensions in the region. These smaller countries, such as Croatia and Serbia, have small economies and weak welfare states, meaning they are more susceptible to reopening tensions. Those additional factors are making it more difficult for the Balkan region to respond to a crisis that wealthier countries have struggled to tackle.

The Balkan nations were initially very welcoming to the refugees, as they had received aid when the Yugoslav wars were occurring. However, these countries have struggled with building and maintaining a strong economy, leaving a majority of their populations in poverty. The governments of Croatia and other Balkans nations, upon realizing how many refugees wished to travel through, became reluctant to have an open border policy. “Countries across the region are poor, their institutions are not yet developed, and most states can barely deal with the daily problems of government, never mind a migration crisis,” said Sead Numanovic, from Avaz, a reputable Bosnian newspaper.

The situation in the Balkans is already so tense, Germany has had to declare Bosnia, Croatia, Serbia and Albania “safe nations” so refugees from those countries can be automatically denied. In addition to the hundreds of thousands of refugees coming from Syria, Iran, Afghanistan, and Iraq, many others are arriving in Germany from Serbia, Albania and Kosovo.

For more information, please see–

BBC–Migrant crisis: Croatia closes border crossings with Serbia— 18 September 2015

Budapest Business Journal–Hungary extends state of emergency as Croatia shuts borders— 18 September 2015

The Guardian–More than 2,000 refugees stranded at Croatian border town— 18 September 2015

New York Times–17,000 Migrants Stranded in Croatia by Border Crackdown— 18 September 2015

TIME–Croatia Closes Its Border Crossings With Serbia as Thousands of Refugees Enter the Country— 18 September 2015

Left-wing Syrzia Party Wins Greek Election

by Shelby Vcelka

Impunity Watch Desk Reporter, Europe

ATHENS, Greece–

Greek voters returned former Prime Minister Alexi Tsipras, leader of the left-wing Syriza party, to the head of the Greek government after a strong win by the party on Sunday morning. The leader of the conservative New Democratic Party conceded defeat, congratulating Tsipras on the win. Early exiting polls showed that while the Syriza party did not win outright, a coalition government with the Independent Greeks party would create a slim majority.

Newly re-elected Prime Minister Alexi Tsipras greets supporters at a party after his win is announced. (Photo courtesy of BBC.)

However, any elation felt over the win has been eclipsed by the harsh reality of the Greek economic crisis. Opinion polls before Sunday’s election showed that millions of Greek voters were unsure who to vote for, due to the country’s economic collapse. Although Tsipras won on an anti-austerity ticket during the elections in January, he was forced to accept economic reforms in exchange for a 96 billion euro bailout from international creditors. Despite 61% of Greek citizens voting no to bailouts in July, Tsipras agreed to the bailouts to keep Greece in the Eurozone. The austerity measures that came with the new terms were seen as harsher than previous measures, and included new taxes, privatizations, and spending cuts.

Whatever coalition forms the new government, it is sure to become a headache for Tsipras, as many of the Syrzia party are angry about the bailouts. “This is a fragile party, although one third of the members broke off there are still radical elements left who can create problems for Tsipras,” said Marco Vicenzino, a Greece expert at the Global Strategy Project, an international risk consultancy. More than two dozen of the Syrzia party has broken off in defiance of the austerity measures, claiming that Tsipras has abandoned his principles.

The new Greek government will have only a couple of weeks to pass the legislation necessary to confirm to international creditors that Greek is serious about continuing with the bailouts. This government will also have to deal with the growing influx of migrants. Greece has been used as a main route into the European Union, with tens of thousands arriving by sea. Although many of these migrants leave quickly, the flow is becoming increasingly overwhelming to the already unsteady Greek government.

For more information, please see–

Al- Jazeera–Left-wing Syriza party wins Greek snap polls— 20 September 2015

BBC–Greece election: Conservative New Democracy admits defeat— 20 September 2015

Reuters–Greek voters return Tsipras to power with strong win— 20 September 2015

The Telegraph-Alexis Tsipras emerges as clear winner in shock election result— 20 September 2015

FIFA Executive Approved by Trinidad & Tobago for Extradition to U.S.

By Samuel Miller
Impunity Watch Reporter, North America and Oceania

PORT OF SPAIN, Trinidad and Tobago — Trinidad and Tobago’s Attorney General has signed ‘Authority to Proceed’ documents, clearing the way for extradition proceedings against former FIFA vice-president Jack Warner, who is wanted in the United States on corruption charges. Warner’s attorneys are challenging the decision, stating that Trinidad & Tobago’s Attorney General, Faris Al-Rawi, missed the September 16 date for signing off on the documents, which would result in Mr. Warner’s discharge.

Former FIFA VP and CONCACAF President Jack Warner Faces Extradition. (Photo Courtesy of Trinidad Express)

The case was adjourned until Friday, after lawyers asked for time to review the documents.

James Lewis, representing Trinidad & Tobago, however, said that there was no reason to discharge Warner, since the documents were now signed. Mr. Lewis also stated that with the signing of the Authority to Proceed, the process would be free to continue as necessary.

Mr. Warner is among nine officials of world football’s governing body, along with five sports marketing executives, indicted by US prosecutors. US authorities have asked for him to be extradited in order to face the charges.

Mr. Warner faces 12 charges of racketeering, wire fraud, money laundering, and bribery; while the list of offenses Mr. Warner is wanted for in the United States is certainly expansive, the situation regarding Mr. Warner also involves millions of dollars, spanning over the course of decades.

From the early 1990s, he allegedly began to leverage his influence and exploit his official positions for personal gain. Furthermore, he allegedly accepted a $10 million bribe from South African officials in return for voting to award the country the 2010 World Cup.

In one particular alleged instance, Mr. Warner bribed officials with envelopes each containing $40,000 in cash; when one demurred, he allegedly said: “There are some people here who think they are more pious than you. If you’re pious, open a church, friends. Our business is our business.”

Mr. Warner, the former president of CONCACAF, the governing soccer confederation for North and Central America and the Caribbean, has denied all wrongdoing.

 

For more information, please see:

BBC News — FIFA corruption: Jack Warner extradition proceedings approved – 21 September 2015

Jamaica Observer – Jack Warner challenges AG’s decision to proceed with extradition – 21 September 2015

The Guardian — FIFA crisis: Jack Warner’s extradition to United States moves a step closer – 21 September 2015

Trinidad Express — Jack challenges AG’s decision to proceed with extradition – 21 September 2015

War Crimes Prosecution Watch: Volume 10- Issue 14 September 21, 2015

Editor in Chief
Alexis Krivoshik

Managing Editors
Kate Mozynski
Aaron Kearney

Senior Technical Editor
R. Tadd Pinkston

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. To subscribe, please email warcrimeswatch@pilpg.org and type “subscribe” in the subject line.

Opinions expressed in the articles herein represent the views of their authors and are not necessarily those of the War Crimes Prosecution Watch staff, the Case Western Reserve University School of Law or Public International Law & Policy Group.

Contents

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Kenya

Libya

Cote d’Ivoire (Ivory Coast)

AFRICA

Nigeria

Mali

Chad

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Iraq

Syria

Islamic State of Iraq and the Levant

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

Terrorism

Piracy

Gender-Based Violence

REPORTS

UN Reports

NGO Reports