AMNESTY INTERNATIONAL HAS ASKED
INDIA TO ABOLISH
DEATH SENTENCE AND PUT IMMEDIATE MORATORIUM ON EXECUTION:
MAQBOOL ASHRAF ANDRABI MEMBER AMNESTY
INTERNATIONAL
New Delhi,
Dec 13/National turk -The international human rights watchdog, Amnesty
International has written to Indian President Pranab Mukheree and sought
abolishing of death sentence and immediate moratorium on executions.
In the
letter, Chief Executive Amnesty International G Ananthapadmanabhan referred to
the recent execution of Ajmal Kasab, Pakistani gunman, who was caught alive
during 2008 Mumbai attacks.
Kasab was
executed by Indian authorities in a jail in Pune in Indian city of Mumbaion
November 21 year
“Kasab had
committed grave and serious offences, and Amnesty had consistently expressed
its sympathies and condolence to the victims of his actions and their families.
However, by executing him, the Indian state has violated the internationally
recognized right to life and has signaled a step away from the regional and
global trends towards abolition of the death penalty,” Ananthapadmanabhan said.
As of today,
140 countries in the world have abolished death penalty in law or practice.
Most recently, Mongolia became the 140th 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, on 13
March 2012. In the Asia-Pacific region, 17 countries 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.
“Amnesty is
concerned about the manner in which Indian authorities carried out Ajmal
Kasab’s execution on November 21,” Ananthapadmanabhan said.
He said
according to reports, Ajmal Kasab himself was only informed of this rejection
on 12 November. “It is unclear whether he was aware of the possibility of
seeking a review of your decision. Information about the rejection of the
petition for mercy and the date of execution was not made available to the
public until after the execution had been carried out. Authorities in India
have made public claims that this lack of public announcement and secrecy
surrounding the execution were to avoid intervention by human rights activists.”
He said this
practice is in contrast to how previous executions have been carried out in
India over the past 15 years. “Information regarding the executions of
Dhananjoy Chatterjee (2004), and Shankar (1995), for example, was accessible to
the public in advance of the execution.”
“Transparency
on the use of the death penalty is among the fundamental safeguards of due
process that prevent the arbitrary deprivation of life. Making information
public with regard to legislation providing for the death penalty as well as
its implementation allows for an assessment of whether fair trial and other
international standards are being respected. In resolution 2005/59, adopted on
20 April 2005, the UN Commission on Human Rights called upon all states that
still maintain the death penalty “to make available to the public information
with regard to the imposition of the death penalty and to any scheduled
execution,” Ananthapadmanabhan.
He said
Amnesty International finds it disappointing that the Indian State has chosen
to carry out Ajmal Kasab’s execution in this manner, especially as secrecy was
not the practice in execution in the country.
Amnesty
concerned about nine petitions
Ananthapadmanabhan
said Amnesty International is concerned about nine petitions for mercy
involving 14 individuals that have been sent to the Ministry of Home Affairs
for consideration for a second time, which we understand is usual practice when
there is a new minister in office.
On 10
December 2012, Indian Minister of Home Affairs told reporters that he will
review the petitions before him after the end of the winter session of
Parliament. One of these petitions concerns Mohammad Afzal Guru who was
sentenced to death for his alleged involvement in the 2001 Parliament attack.
Mohammad Afzal Guru was tried by a special court under the Prevention of
Terrorism Act.
“Amnesty
International has found that these trials did not conform withIndia’s
obligations under international human rights law. Amnesty opposes death penalty
in all cases without exception, regardless of the nature or circumstances of
the crime; guilt, innocence or other characteristics of the individual; or the
method used by the state to carry out the execution. It opposes it as a
violation of the right to life as recognized in the Universal Declaration of
Human Rights and the ultimate cruel, inhuman and degrading punishment,”
Ananthapadmanabhan said.
Abolition of
death penalty recognized in international law and standards
He said the
desirability of the abolition of the death penalty has long been recognized in
international law and standards. The International Covenant on Civil and
Political Rights (ICCPR), to which India is a State Party and which allows for
the use of the death penalty under certain circumstances, clearly states in
Article 6.6 that no provision in Article 6 should be invoked “to delay or to
prevent the abolition of capital punishment.”
Use of death
penalty in India riddled with systematic flaws
“The use of
the death penalty in India is riddled with systemic flaws. Of particular
concern are: the broad definition of “terrorist acts” for which the death
penalty can be imposed; insufficient safeguards on arrest; obstacles to
confidential communication with counsel; insufficient independence of special
courts from executive power; insufficient safeguards for the presumption of
innocence; provisions for discretionary closed trials; sweeping provisions to
keep secret the identity of witnesses; and limits on the right to review by a
higher tribunal,” he said.
He urged
Indian government to commute all death sentences to terms of imprisonment and
halt plans to carry out further executions, and establish an official
moratorium on executions as the first step to abolishing the death penalty.
“Wherever
mercy petitions have been rejected, respect the practice of promptly informing
the individual, his/ her lawyers, his/ her family, of the decision, reasons for
the decision, and proposed date of execution, as well as the public, of any
scheduled execution,” added Amnesty chief executive.
Habib
Yousafzai yousafzai49@gmail.com
*****
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