Global Geopolitics – Global News Blog – IPS
Thursday, August 28, 2008
All rights reserved, IPS – Inter Press Service, 2008.
Lansana Fofana
FREETOWN, Aug 28 (IPS) – Sierra Leonean rights activists have served notice on the government that they will campaign against any attempt to retain the death penalty in the new constitution and insist the recommendations of the Truth and Reconciliation Commission are fully adopted.
Murder and robbery with violence should continue to be capital crimes in the revised constitution, the currently-sitting constitutional review commission has advised the government.
But the death penalty for treason and mutiny should be abolished, as long as no loss of life is involved.
The recommendations are believed to reflect the government’s position on the death penalty. They are expected to be incorporated into the country’s revised constitution which will be presented to parliament for ratification shortly.
”It is not enough to restrict the death penalty to cases of murder or aggravated robbery,” Brima Sheriff, Amnesty International’s director in Sierra Leone, told IPS.
”The death penalty must be abolished in its entirety because it has never been proven to be a deterrent. Its maintenance on the statute books violates the spirit of the Truth and Reconciliation Commission (TRC).”
John Caulker of the rights monitoring group Forum of Conscience agreed. Nothing less than full death penalty abolition was acceptable to activists, he told IPS.
”The government says it is committed to the implementation of the TRC’s recommendations yet it is backtracking on one key issue — the abolition of the death penalty. This sends conflicting signals.
”The time is now to mount our campaign ? mobilising abolitionist campaigners and civil society to continue this campaign. The constitutional review commission must be made to understand.”
At the end of the 11-year civil war, the TRC was set up in 2002 to investigate the reasons for the conflict and recommend ways of preventing a re-occurrence. Its goal was to lay the foundations for reconciliation and healing.
The TRC argued that since 1971, the death penalty had often been used by governments to eliminate political opponents.
The last executions in Sierra Leone were in 1998. Twenty-six senior military officers, convicted for their alleged roles in a coup that ousted civilian president Ahmad Tejan Kabba a year before, were executed by firing squad.
Attorney General and minister of justice, Abdul Serry Kamal, has denied that that the maintenance of the death penalty would be a rejection of the TRC’s recommendations.
”When you consider that we have come out of a war that consumed many lives, I think it is appropriate some of the punitive laws are kept on our statute books, though with some adjustments.
”The death penalty cannot altogether be abolished because crimes like murder are still being committed,” he said.
Activists have accused the government of failing to implement other TRC recommendations on the welfare of prison inmates, including those on death row.
”There are no facilities for recreation and skills-training for death row inmates. This is inhuman and degrading. Once in the cell on death row, you are isolated, deprived of basic services and psychologically tortured,” Caulker said.
But the government, which came to power a year ago, would do everything in its power to reverse the situation, he said.
Rights activists say the prison food is poor. Inmates are not issued with clothing or shoes. Cells are cold in the rainy season resulting in frequent outbreaks of diseases such as pneumonia and malaria.
But the acting director of the prisons department, Moses Showers, said all prisoners were being treated according to the rules.
”They all get normal rations of meals, toiletries and supplementary diets. In fact, the prisoners on death row get better diets than ordinary convicts. The prison laws do not discriminate against death row inmates.”
The minister of the interior, Dauda Sulaiman Kamara, has agreed that prison conditions are ”deplorable”.
”There are no workshops, no libraries or recreational facilities for inmates and this in no way helps the prisoners to be reformed,” he told IPS.
Sierra Leone’s maximum security prison at Pademba Road in Freetown holds all the country’s 14 death row inmates. Eleven of these were sentenced to death in 2003 for treason. They are still awaiting a decision on their appeals.
”We consider it mental torture and a clear denial of their rights to a speedy dispensation of justice,” said Sheriff. ”Justice delayed is justice denied. These people must have their appeals heard or be released without any further delays.”
Kamara has promised the government will do its best ”to ensure that death row inmates are not treated like lesser mortals”.
But he said he would not support the TRC’s call for death penalty abolition.

POLITICS-PAKISTAN: ‘Putting Musharraf on Trial is Pointless’
Global Geopolitics – Global News Blog – IPS
Thursday, August 28, 2008
All rights reserved, IPS – Inter Press Service, 2008.
Zofeen Ebrahim
KARACHI, Aug 28 (IPS) – Pervez Musharraf resigned as Pakistan’s president on Aug. 18 to escape certain impeachment. But now there are calls from various quarters to have the former military dictator prosecuted for actions committed during his nine eventful years in office.
Humaira Ghazi, 39, is among those who think that Musharraf got away lightly with his resignation. ”I want Musharraf to be tried and sent to the gallows,” said the young widow of Maulana Abdul Rashid Ghazi, deputy chief cleric of Lal Masjid (Red Mosque) in Islamabad.
Ghazi was killed when Musharraf ordered Pakistan’s army to storm the mosque in July 2007 to flush out armed fundamentalists who had turned the complex into an armed fortress. At least 73 people died in the action.
”I want to see, with my own eyes, Musharraf’s wife and mother cry for him, when the noose tightens around his neck,” Humaira said. ”My Iddat (waiting period of four months and ten days that Islam has imposed upon a woman who has been divorced or widowed, after which a new marriage is permissible) was a trying time when I and my three children did not have even have a roof over our heads. For as long as I live, my heart will continue to bleed and my anger will not abate.”
Another person with vengeance on his mind is Abdul Qadeer Khan, famous as the man who created the ‘Islamic bomb’. ”He should be arrested and tried in the highest court,” Khan told television interviewers.
Khan, once considered a national hero, fell from grace and was forced to make a televised confession, on Feb. 5, 2004, to selling nuclear technology to Libya, Iran and North Korea. He was put under house arrest, but never tried.
With Musharraf stepping down Khan hopes that the charges pending against him will be withdrawn. Many believe, however, that Khan was kept under arrest by Musharraf to avoid having to hand him over to U.S. authorities who have been pressing for a chance to interrogate him.
Munir A. Malik, who has been leading the legal defence for the reinstatement of Iftikhar Mohammad Chaudhry as chief justice of Pakistan after he was sacked from the job by Musharraf, said he felt ‘’elated” by Musharraf’s resignation. His incarceration was, he felt, not in vain, though he would like to see through the restoration to their jobs of some 60 members of the higher judiciary that Musharraf dismissed for refusing to endorse an emergency he declared last November.
In the first parliamentary session after Musharraf resigned, a majority of the legislators opposed safe passage for him out of the country and demanded that he be place on trial for abrogating the Constitution twice.
In the first abrogation, in October 1999, Musharraf, then army chief, seized power in a bloodless coup and sent the then prime minister, Nawaz Sharif, into exile.
In June 2001, he replaced Rafiq Tarar as president. In October 2002, he held presidential elections and legitimised his presidency. Five years later, in October 2007, he won a second term, while retaining his army uniform.
However, fearing that the Supreme Court would declare his presidential candidature null and void, he suspended the Constitution and sacked all the judges of the higher courts. His justification: the judiciary was working at cross purposes to his government’s attempts to stamp out militancy.
Musharraf later acknowledged that the imposition of emergency rule was unconstitutional. While the charge sheet was drawn up by the ruling coalition, it has not been made public since Musharraf resigned before impeachment proceedings began.
But, Mian Mohammad Aslam, vice-president of the Lahore High Court Bar, has drafted a separate charge sheet and urged the government to try Musharraf for high treason under Article 6.
The major charges for which Aslam wants Musharraf to be tried include; toppling of the civilian government in 1999, getting himself appointed as president in 2002 through a ”bogus referendum”, handing over ”military bases to the United States without approval of the parliament” and ”handing over innocent Pakistani citizens to the U.S”.
But putting Musharraf on trial is easier said than done. Announcing his resignation in a televised speech on Aug 18, Mushrraf said confidently. ”No charge sheet can stand against me. Not even a single charge can be proven against me as I have full trust in Allah Almighty and I did everything with the belief of Pakistan First.”
According to Malik, ”A trial under Article 6 read with the High Treason (Punishment) Act 1973 requires that the complainant must be the federal government. Will the brass of this country permit the government to be the complainant?”
”Of course, any wrong-doer should be tried in court,” said Najma Sadeque, a rights activist, one of the persons leading the People’s Resistance Movement campaign, adding, ”but not selectively.”
”If he (Musharraf) is to be tried, so should Asif Ali Zardari (PPP co-chairperson, nominated for presidency), Rehman Malik (interior minister and a close crony of Zardari’s), Altaf Hussain (chief of Muttahida Qaumi Movement) and a long string of their lackeys, mostly criminal,” said Sadeque. ”Unless that happens, justice will remain a tool of the privileged and a commodity of patronage, and this elected and democratic government will just be a continuation of the same old farce.”
But should the Pandora’s Box of trying Musharraf be opened? ”If the Pandora’s Box is never opened, there will never be any addressing of the issues that have haunted us for over half-a-century,” said Sadeque. ”This is a risk we have to take. If we do nothing we shall have extra-constitutional interventions again,” said Malik.
Some experts have said that for any trial to be fair, and Musharraf put in the dock, the old higher judiciary, that Musharraf dismissed on Nov. 3, 2007, needs to be restored. Malik disagrees. ”No, that is not necessary. The trial under Article 6 can take place in the trial court and not be placed before the Superior Courts.”
There are prominent citizens like Badar Alam who believe there is no need for a trial ”either by the current judiciary or by the old one”.
”The media, civil society and some politicians are emphasising too much on his (Musharraf’s) trial without realising the repercussions,” said Alam, a commentator and senior journalist with the monthly ‘Herald.’ ”Everyone, who is anyone, has skeletons rattling in his closet. Be it Nawaz Sharif or Asif Zardari. So what will we achieve by trying one individual?”
Alam would like to see a ”grand reconciliation” involving the army, the politicians, the judiciary, the clerics and the media. ”Anyone who has had a hand in bringing us to such a pass should come down from their confrontational stances, and help create a consensual path for the future.”
Malik finds such a course sound. ”Maybe the parliament can pass a legislation that a person who appears before a truth and reconciliation commission, set for this purpose shall, subject to truthful disclosure and repentance, be liable only for a reduced punishment than that prescribed by the High Treason (Punishment) Act, 1973.”