death penalty


Saudi execution of political prisoners sparks protest – the Round-up

4 January 2016 by

The first round=up of 2016 is brought to you by Hannah Lynes.

In the news

The interior ministry of Saudi Arabia has confirmed this week that it has executed 47 people in a single day. Included among those put to death was prominent Shia  cleric Sheikh Nimr al-Nimr, who had been a vocal supporter of the 2011 anti-government protests in the country’s Eastern Province.

The execution of Sheikh Nimr has provoked demonstrations across Iran, Bahrain, Iraq and Shia-majority areas in Saudi Arabia. A spokesperson for the Iranian foreign ministry has said that the Saudi Government would pay “a heavy price” for its actions, while the US state department has expressed concern that the execution “risks exacerbating sectarian tensions at a time when they urgently need to be reduced.”

International human rights organisation Reprieve has noted with alarm that “the Saudi Government is continuing to target those who have called for domestic reform in the kingdom”, with at least four of those executed having been convicted of offences related to political protest. The organisation said it had “real concerns” that protestors Ali al-Nimr (Sheikh Nimr’s nephew), Dawoud al-Marhoon, and Abdullah al-Zaher, sentenced to death as children, would be “next in line”.

A statement released by the UK foreign office has emphasised that “the UK opposes the death penalty in all circumstances and in every country.” But despite the much-criticised record of Saudi Arabia on human rights, it recently emerged that Britain had entered into a vote-trading deal with the kingdom to ensure the election of both states to the UN human rights council.

The UK Government has also come under pressure to discontinue its supply of weapons to Saudi Arabia, in circumstances where its bombing campaign in Yemen has led to thousands of civilian deaths. In a legal opinion commissioned by Amnesty International, lawyers from Matrix Chambers concluded that authorisation of the transfer of weapons to the state would “constitute a breach by the UK of its obligations under domestic, European and international law.”

In other news:

The Guardian: A gay British man has avoided extradition to Dubai on charges of theft. A judge at Westminster magistrates court ruled that the UAE had failed to provide adequate assurances that the trial and treatment of Mr Halliday, given his circumstances, would meet the required human rights standards.

The Telegraph: Lord Lester of Herne Hill QC has expressed concern that the Government is undermining freedom of information laws, and is “obsessively secretive”about things that should be in the public domain. The latest  releases by the National Archives included only 14 files for the years 1987 and 1988, whereas last year more than 500 files were released.

The Law Society and the Bar Council have issued a joint call for legally privileged communications data to be protected by express provisions in the investigatory powers bill. Current proposals have been criticised as threatening a common law right traceable back to the 16th Century. The Law Society Gazette reports.

The Independent: Senior civil servant Sir Jeremy Heywood is understood to be opposed to the implementation of any major reforms to the Freedom of Information Act. A Government commission is considering proposals to introduce charges for information requests and stricter rules for the obtaining of information.

In the Courts:

This case concerned an allegation of inconsistent case-law amounting to a breach of Article 6 ECHR (the right to a fair trial). The applicants complained about the rejection of their civil claims against Serbia by domestic courts, and the simultaneous acceptance by the same courts of other claims which were based on similar facts and concerned identical legal issues.

The Court reiterated the principle that an assessment of whether conflicting decisions of different domestic courts were in breach of Article 6 consisted in establishing whether “profound and long-standing differences” existed in the relevant case-law. The Serbian judiciary had, generally speaking, harmonised their case-law on the matter, and the rejection of the applicants’ cases was exceptional. The possibility of conflicting court decisions was an inherent trait of any judicial system based on a network of trial and appeal courts with authority over a certain area. That in itself, however, could not be considered to be in breach of the Convention. The Court therefore found no violation of Article 6.

Events

If you would like your event to be mentioned on the Blog, please email Jim Duffy at jim.duffy@1cor.com

 

Is complicity with the death penalty illegal? – Dr Bharat Malkani

17 July 2013 by

Texas-death-chamber-007In a previous blog post on these pages, the case of Lindsay Sandiford was examined. Sandiford – a British citizen facing the death penalty in Indonesia – had asked the UK Government for funding to help her appeal, but was refused financial help. The Court of Appeal ruled in favour of the Government, stating that the decision to provide legal aid to a British citizen abroad is a discretionary matter for the executive.

Regardless of whether one agrees with the decisions of the Government and the Court, the case raises interesting questions about the obligations that are imposed on states that have abolished the death penalty. The primary duty on states is to simply refrain from imposing the death penalty, but it is possible to detect an emerging secondary obligation to refrain from facilitating the use of the death penalty elsewhere. This issue is particularly relevant to the UK, because although the UK takes a leading role internationally in campaigning for the abolition of the death penalty, there is evidence that the UK has on occasion aided the use of capital punishment elsewhere.

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Death penalty legal funding refusal: Appeal court confirms limits of Human Rights Act

29 May 2013 by

Lindsay SandifordR (on the application of Sandiford) v Secretary of State for Foreign & Commonwealth Affairs [2013] 168 (Admin) – read judgment

On 22 April 2013 the Court of Appeal upheld the decision of the Foreign and Commonwealth Office in refusing to pay for a lawyer to assist Lindsay Sandiford as she faces the death penalty for drug offences in Indonesia. Last Wednesday, they handed down the reasons for their decision.

On 19 May 2012 Lindsay Sandiford was arrested at Ngurah Rai International Airport in Bali following the discovery of almost five kilograms of cocaine in the lining of her suitcase. A number of southeast Asian countries take a notoriously hard line on drugs offences, and following her conviction on 19 December 2012, Ms Sandiford was sentenced to death. Many media outlets have reported that in Indonesia, death sentences are generally carried out by a firing squad.

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No cash from the UK to avoid Indonesian firing squad

8 February 2013 by

Lindsay SandifordSandiford, R(on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2013] 168 (Admin) – read judgment

In this highly publicised case, the Administrative Court has come up with some firm criteria for the scope of the Convention’s protective reach for UK citizens abroad. The judgment is also something of a body blow for those who are looking to the EU Charter of Fundamental Rights and Freedoms for a wider human rights umbrella.

Lindsay Sandiford, the 56 year old claimant, was arrested for drug smuggling in Indonesia and sentenced to death. She issued judicial review proceedings seeking an order requiring the FCO to provide and fund an “adequate lawyer” on the basis that she had not had proper representation in Indonesia. The broad basis of this claim was that the UK government should back up its opposition to the death penalty by putting its money where its mouth is.
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Death penalty victory in European court for Iraqi murder suspects

5 October 2010 by

Updated Al-Saadoon and Mufdhi v the United Kingdom – 61498/08 [2010] ECHR 282 – Read judgment / court press release

The European Court of Human Rights has declared that a decision in the cases of two Iraqi murder suspects in UK custody in Iraq is now final and will not be reconsidered. The court has effectively prohibited the death penalty under the European Convention on Human Rights, despite Article 2 (the right to life) appearing to expressly allow it.

The judgment is an important restatement of the prohibition against the death penalty which has been agreed to by all Council of Europe states. However, the reasoning of the court in prohibiting it under the European Convention, founded on the men’s “mental suffering caused by the fear of execution amounting to inhuman treatment”, rather than a prohibition against states carrying out the death penalty itself, may generate difficulties in future cases relating to inhuman and degrading treatment.

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