May 15
INDIA:
Should the 'collective conscience' override the spirit of the Constitution? The
principle of justice demands that law cannot rely on or be influenced by any
delusionary sense or mood of the people
There are times when the actions of human beings are so grotesque and sordid
that we want to tear ourselves away from our own skin and body. Moments when we
wonder if we could by choice reject our natural membership of the human club.
The Delhi gang rape and murder of December 2012 was one such event. This case
ripped apart even the slightest hidden possibility of consideration towards the
accused. As the details were unraveled, we had nowhere to hide and the lid was
blown off what is the norm in our society. We treat women as objects of
pleasure provided by the creator for men to feed on and discard as we please.
Those little risque acts that occur everyday in office spaces and on public
buses and we pass off as normal is where all this begins.
A few days ago, the Supreme Court awarded the death sentence to every one of
the convicted attackers in the case. And I am sure, soon the debate around the
death penalty will be revived. But irrespective of whether we are for or
against the death sentence, as long it remains in our Constitution, judges will
use it. There is, however, a phrase used by the honourable judges in their
judgement that troubles me deeply - collective conscience.
This is not the 1st time this conceptual framework has been used in awarding
the death sentence. But the truth of the matter is that in similar cases, 1
judge has confirmed the death penalty while another has been more lenient,
commuting the sentence.M
Collective conscience makes its appearance through the individual conscience of
the judge. So, when judges use this phrase, it is really to express what is
essentially their own viewpoint, or they have taken it upon themselves to
determine "collective consciousness". Both these positions are entirely
self-generated.
The Delhi gang rape verdict implies that the "tsunami shock" to the collective
conscience of our society caused by that horror demanded that the death
sentence be pronounced. Can the courts allow any kind of public outcry, sense
of conscience, sentiment or feeling to even remotely influence their decisions,
especially when it is a case of the death sentence? This is even more relevant
in the times that we live in, when television and social media bombard us,
creating and determining opinion.
I am no legal expert and, therefore, speak as a legally challenged citizen. The
very idea that a collective "sense", however powerful and influential, can play
a role in anything legal needs to be pondered. It is in that direction that we
need to ruminate, especially in cases where the judgement is entirely dependent
on the interpretation by a solitary judge or solitary Bench. I am going to
extend this phrase beyond its present interpretative legal framework for death
sentencing and wonder whether this idea of collectiveness, cumulative opinion,
practice, tradition, culture, etc has already been employed by judges while
handing down disturbing judgements.
Prisoners of conscience
I began this piece with a few thoughts on rampant misogyny and patriarchy in
our midst. But if we allow our collective sense to be part of anything
judicial, we will find that many judges will become more than lenient with
misogyny and male-chauvinism. Have we not heard judges, lawyers, public figures
and politicians demand dress codes for women, accuse women of inviting rape and
molestation because of the clothes they wear? Even recently, we heard women
being questioned for being out late at night. And, of course, we as a society
say nonchalantly that "men are just like that".
The bitter fact is that this mode of thinking and acting is a natural part of
large section of the Indian society. A judge, as just an extension of society,
accepts and agrees with a perceived collective conscience, then interprets this
in whatever way they want. This is exactly why we have had judges pronounce
verdicts that leave us agape, yet if we go by collective sensibility as a
measure, we will have to accept their diktat. Beyond what is clearly stated in
the law books, there are so many grey areas with regard to culture, rituals and
traditional practices that can be entirely driven by majoritarian leanings. It
was our Supreme Court that overturned the progressive and beautiful judgement
by Justices Ajit Prakash Shah and S Muralidhar of the Delhi High Court that
held that Section 377 of the Indian Penal Code violated Articles 14, 15 and 21
of the Constitution. It is that very same collective morality that resulted in
the Supreme Court's wrong decision.
This can flow way beyond sexism. We live in times when the right to fearlessly
speak, write or sing is constantly under attack. We have a government that uses
greater good of the country, nationalism, national security and Indian-ness as
devious strategies to overwhelm dissent under its weight. We are led by a
political party that has a control over social media like no other outfit and
sways public opinion through a propaganda machinery that is unmatched. Where
are we headed if beyond the evidence and details of the cases, judges can get
inspired by this manipulated collective "sense" to lay down more limitations on
how we live our lives?
Take, for example, the compulsory "you better stand up for the national anthem
when it is played in cinema theatres" order by the Supreme Court. There are
many who find this entirely acceptable and the court itself might have sensed
this collective agreement and a politically orchestrated national mood of
jingoism. But the truth is, this order is authoritarian. A beautiful song that
I love to hear and love to sing has become an instrument of compulsion. Will
there be a day when the Supreme Court, after mulling over all the over-bearing
and complex evidence, allows a Ram temple to be built in Ayodhya because the
Hindus of this country (close to 80% of the population) wish for that to
happen?
Our Constitution is based on the principle of justice for the most
marginalised, disfranchised, oppressed, unknown, unseen and ignored. This
spirit demands that law cannot rely on or be influenced by any delusionary
sense or mood of the people.
We need in judges a liberal energy and the ability to be creative human beings.
Creativity, incorrectly, is seen as lawlessness and hence many in the courts
function "by the book" or "by their culture", choosing between the 2 as per
their convenience. But creativity is the only way we can fight inertia,
conservatism and orthodoxy. If we do agree that the basic tenets of our
Constitution rejoice in humanity, then creativity is the only way forward. The
creative breathes within systems, yet it detaches itself from the personal and
the public, allowing for the ethical and humanitarian to pave the way. Our
judges need this vitality.
(source: scroll.in)
SAUDI ARABIA:
Trump to visit Saudi Arabia as juveniles face execution
President Trump is preparing to visit Riyadh, as concerns grow for 3 Saudi
juveniles who face imminent execution for attending protests.
The President will reportedly travel to Saudi Arabia on Friday 19 May 2017.
IThe international human rights group Reprieve has written to the President
urging him to secure the release of 3 juveniles in the Kingdom who are at risk
of execution, potentially by beheading - and, in 1 case, crucifixion.
Ali al-Nimr, Dawood al-Marhoon, and Abdullah al-Zaher were arrested following
pro-democracy protests in 2012. They were tortured into signing false
'confessions', which were used in a secretive counter-terrorism court to
convict them, and sentence them to death.(http://www.ekklesia.co.uk/node/23481)
The Saudi authorities have recently executed several juveniles and alleged
political protesters. 1 juvenile, Ali al-Ribh, was arrested in his school
before being executed in January 2016, alongside 46 others.
Maya Foa, a Director at Reprieve, said: "As President Trump visits Saudi
Arabia, the Kingdom is engaged in a shocking wave of repression that flies in
the face of US values. Juveniles like Ali al-Nimr, Dawood al-Marhoon and
Abdullah al-Zaher could be executed at any moment, simply for exercising
freedom of speech. They could face a horrific execution, which could include
beheading and 'crucifixion', just for attending protests. Other protesters have
been tortured into signing false confessions, tried in secret, and then
executed.
"President Trump must use his visit to send a clear message to Riyadh - he must
demand the release of Ali, Dawood and Abdullah, and call on the Kingdom to halt
executions of juveniles and protesters."
(source: ekklesia.co.uk)
AZERBAIJAN:
Azerbaijan's political party calls for return of death penalty in country
Discussing recent reports of treason by some Azerbaijani military servicemen
and civilians at a meeting on Monday, the Board of the Whole Azerbaijan Popular
Front Party (WAPFP) called for the return of the death penalty in the country.
"Considering Article 27 of the Constitution of the Republic of Azerbaijan
allowing the application of death penalty for crimes against state, Article 2
on the making of provision in law for the death penalty in respect of acts
committed in time of war or of imminent threat of war of Protocol 6 of the
Convention for the Protection of Human Rights and Fundamental Freedoms - which
Azerbaijan is a member of - and the fact that Azerbaijan is in a state of war,
the Whole Azerbaijan Popular Front Party puts forward the initiative of the
return of the death penalty," the party said in a statement on May 15, APA
reported.
Taking into account that the Armenian-Russian joint military group is
subordinate to the Supreme Commander of Armenia and Moscow hasn't so far denied
the allegations that these troops can take part in combat operations in
Nagorno-Karabakh, the WAPFP Board stated that the current situation shows the
reality of Russia's being in a state of war with Azerbaijan, stressing the need
to take a number of urgent measures.
"The party believes that Azerbaijani citizens shouldn't be sent to study at
Russian military schools, calling for a serious investigation into those who
received military education in Russia, as well as those who served in the ranks
of the Russian Armed Forces and are currently servicemen of the Azerbaijani
Armed Forces," said the statement.
The party Board called on the Azerbaijani Milli Majlis' (parliament) security
and defense committee to immediately hold hearings on persons accused of
treason.
"The parliament, representing the legislative power, must provide the Supreme
Commander-in-Chief with detailed information. In addition, the persons
responsible for this sphere should be seriously punished and public concern
must be ended," the statement said.
(source: apa.az)
PHILIPPINES:
Death penalty to worsen police abuses -Atienza
The kidnapping of a businessman and his girlfriend in Pasay City by 4 police
officers and the discovery of a tokhang-for-ransom dungeon run by drug
enforcement agents in Manila should serve as a wakeup call for Congress to
abandon the revival of the death penalty amid rambling law enforcement
corruption, House senior deputy minority leader and Buhay Rep. Lito Atienza
said on Sunday.
"Right now, we are already witness to the unbridled abuse of police powers by
rotten officers. The problem is bound to get worse once we have the death
penalty," Atienza warned.
He said crooked officers engaged in all sorts of criminal activities would have
a heyday if capital punishment is reinstated.
"They will use the mere threat of death sentences to get whatever they want
from their targets - from their victims," the former Manila mayor said.
"Violent crime is thriving not because of the absence of the death penalty, but
because law enforcement has been overwhelmed by corruption," Atienza said.
He noted that many police officers are involved in all sorts of crime such as
drug trafficking, extortion and protection rackets, kidnapping-for-ransom,
robbery, murder-for-hire, illegal gambling and prostitution.
The lawmaker called for "comprehensive reforms in the entire criminal justice
system, from law enforcement to corrections."
"The death penalty won't address rampant crime. On the contrary, it is
guaranteed to spur more crime, particularly those perpetrated by hooligans in
uniform," Atienza said.
The House of Representatives on March 7 approved on final reading the bill that
would impose death sentences on drug-related offenses.
Atienza was among those who opposed the bill.
(source: The Manila Times)
*************************
'Running priest' Robert Reyes: PH at a crossroads under Duterte----Fr Robert
Reyes leads 15 pilgrims in Lakbay Buhay (Walk for Life) and calls on Filipinos
to take a stand against the death penalty
The country is at a crossroads under President Rodrigo Duterte as it faces
controversial issues, said Fr Robert Reyes on Sunday, May 14, as he led the
Lakbay Buhay (Walk for Life) event.
These issues include the proposed revival of the death penalty, which Duterte
is pushing for.
"We are at a crossroads under the strongman Duterte. We're fighting [against]
the death penalty because if this is reinstated... there will be free killing
of Filipinos," said Reyes, popularly known as the "running priest."
The Philippines had abolished the death penalty through Republic Act 9346 in
2006 under the administration of former president Gloria Macapagal-Arroyo. But
Duterte wants it reinstated, a move that the Commission on Human Rights has
said would be a "blatant breach of international law."
"People compromise all the time depending on who are the bosses. A lot of very
conscientious Catholics are now swallowing their pride and principles," Reyes
said, referring to lawmakers who voted in favor of the death penalty at the
House of Representatives.
The "running priest" led 15 pilgrims from 15 regions who arrived in Legazpi
City on Sunday after 9 days of traveling from Cagayan de Oro for Lakbay Buhay.
Their aim is to convince more Filipinos to speak out against the death penalty.
'Penchant for power'
Fr Rex Paul Arjona, social action director of the Diocese of Legazpi, also
warned of threats to democracy.
"If there is not enough popular opinion and the people will just stay silent
and do nothing, then [Duterte's] penchant for power will grow even more," he
said.
"It's up to the people to stand up for what is right and also to remind our
legislators to [take a stand] against death penalty. If we consider this normal
already, [it] will lead to dictatorship," he also said.
The pilgrims are expected to arrive in Manila on May 19. They will deliver
their "Junk Death Penalty! #LakbayBuhay" petition to the Senate on May 24.
Last April, Senate Minority Leader Franklin Drilon had said the death penalty
bill is already "dead" in the Senate, with at least 13 senators expected to
vote against it.
*********************
German bishops lobby to end Philippine killings----German bishops back the
Catholic Bishops' Conference of the Philippines (CBCP) in fighting
extrajudicial killings and opposing the death penalty
Heeding a call by their Filipino counterparts, German bishops lobbied with the
German government to help end extrajudicial killings as well as other threats
to human rights in the Philippines.
Archbishop Ludwig Schick, chairman of the Commission for International Church
Affairs of the German Bishops' Conference, made this appeal in a letter to
German Foreign Minister Sigmar Gabriel on Friday, May 12.
In his letter to Gabriel, Schick said the German Bishops' Conference "shows
solidarity" with the Catholic Bishops' Conference of the Philippines (CBCP) in
fighting extrajudicial killings and opposing the death penalty.
"As chairman of our conference's Commission for International Church Affairs,
which is responsible for matters such as this, I kindly ask you, the Federal
Minister for Foreign Affairs, to step up the critical dialogue with the
government of the Philippines in the current, politically decisive phase and to
do everything in your power to ensure that the human rights situation in the
Philippines does not deteriorate," Schick told Gabriel.
Schick explained that CBCP president Lingayen-Dagupan Archbishop Socrates
Villegas asked the German Bishops' Conference to support the CBCP's appeals to
the Philippine government.
"These appeals voice opposition to the reintroduction of the death penalty and
the lowering of the age of criminal responsibility and express active support
for both the observance of human rights in the fight against drugs and an end
to 'extrajudicial killings,'" the German bishop said in his letter, a copy of
which is uploaded on the website of the Council of the Laity of the
Philippines.
The enumerated issues remain contentious points between the CBCP and the
administration of President Rodrigo Duterte, who has vowed to wage a bloody
anti-drug campaign.
In this war on drugs, legitimate police operations have killed at least 2,717
suspected drug personalities while at least 3,603 deaths remain under
investigation.
(source for both: rappler.com)
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