Abolish Death Penalty India: pakistan death peanlty

Friday, October 14, 2011

US wanted Kasab's lawyer to build case for his freedom: WikiLeaks

Aman Sharma New Delhi, October 14, 2011 | UPDATED 10:15 IST

Lending a touch of irony, 26/ 11 terrorist Ajmal Kasab has approached the Supreme Court in appeal against his death sentence. But the plea he has made there, has been dismissed by his attorney S. G. Abbas Kazmi two years ago before the trial court pronounced its verdict.

Kasab has pleaded in the apex court that he was "brainwashed like a robot" into committing the dastardly act "in the name of god" and, "given my young age", had a chance to reform.

But a secret American diplomatic cable exposed by WikiLeaks shows that Kazmi had discounted exploring this avenue when the US had mentioned these very arguments to him in the trial court: if he would contact Kasab's parents in Pakistan to build up the case for mitigating circumstances which may help the convict escape the noose.

An official of the US embassy had met Kazmi on September 3, 2009, asking him if India would contact Kasab's parents in Pakistan to know the circumstances under which he was indoctrinated by the Lashkar e-Tayyeba (LeT) and whether he had been brainwashed. But Kazmi had dismissed the possibility of such a move, saying there were no funds to bring Kasab's parents to India and they would not get a visa.

"The death penalty is authorised in India only in rarest of the rare cases, Kazmi said, where there has been extreme brutality or inhuman treatment. The Indian law allows consideration of mitigating factors, such as whether Kasab had been brainwashed, but Kazmi is not planning on calling witnesses to testify on behalf of Kasab to explain the circumstances that led him to be indoctrinated by the LeT," the cable stated.

Kazmi ruled out calling anyone from Pakistan to testify on his behalf in the mitigation phase of the trial. Kazmi said: "I am an Indian citizen. I am not going to contact anyone in Pakistan." Even if he wanted to, there were no funds to bring such a witness to Mumbai, nor was it likely (that) the person would get a visa, he surmised. Further, he noted that no one from Kasab's family had contacted him, the cable added. Kasab's parents, Amir Shahban Kasab and Noor Illah, live in Faridkot village of Okara district. His family has rarely spoken up except when his father confirmed to Pakistani TV channels after 26/ 11 that Kasab was his son.

The US cable stated that even Kasab's defence lawyer was certain that the trial court would award him the death sentence.

"Kazmi said that given the overwhelming evidence against Kasab, he expected Kasab to be convicted and sentenced to death. Kasab's and Kazmi's fatalistic acceptance of the ultimate outcome of the trial appears to be shared by the public at large," the cable added.

Kazmi also complained to the US official that his attempts to provide Kasab with a "robust defence and fair trial" had been hampered from the beginning, the cable stated. "Kazmi is not permitted to confer with his client in private to prepare the defence.

Source: http://indiatoday.intoday.in/story/wikileaks-ajmal-kasab-us-26-11-mumbai-terrorist-attacks/1/154812.html

Accessed 14th October 2011

8 Indian prisoners on hunger strike in Lahore jail, seek early release

AMRITSAR: Perturbed over the unusual delay in their release, eight Indian prisoners have gone on fast in Kot Lakhpat jail, Lahore, Pakistan, demanding their immediate release.

Talking to TOI over phone from Lahore on Thursday, counsel for Indian death sentence awardees Sarabjit Singh (also lodged in Kot Lakhpat jail), Awais Sheikh said that Khakhi Hussain, Satinder Pal, Surjit Singh, Ram Rai, Waryam Khan, Om Parkash, Musallim Deenand and Nazir Hussani, all Indian nationals, have been sitting on a fast since October 5.

"Their jail sentences came to an end long ago but are yet to be released," he said. The jail authorities were yet to receive the identification papers of these prisoners from Indian high commission before they could start the repatriation process, he said, adding that he had visited the jail to meet the prisoners sitting on hunger strike.

He said he had sent the papers of agitating prisoners to Indian high commission for necessary action. "I have received identification papers of three prisoners while those of others were yet to be received" he said.

Awais suggested that Indian high commission should expedite the completion of identity verification process which includes verification by concerned police station in India where the prisoner had been living.

Meanwhile, Dalbir Kaur, sister of Sarabjit Singh, said that Kot Lakhpat jail authorities had banned meeting of any outsider or jail inmate with Sarabjit ever since her return from Pakistan on July 5. "Only once, Awais Sheikh had met him, who informed that Sarabjit had gone under depression," she said.

The Pakistan high court had also turned down the request of Awais Sheikh to teach yoga to his client in jail so that he could overcome depression and other physical ailments.

Source: http://timesofindia.indiatimes.com/india/8-Indian-prisoners-on-hunger-strike-in-Lahore-jail-seek-early-release/articleshow/10348597.cms
accessed on 14th October 2011
Yudhvir RanaYudhvir Rana, TNN | Oct 14, 2011, 06.21AM IST

The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies? Reena Mary George