July 20
INDIA:
Let child rapists be sent to gallows
The Criminal Law Amendment Ordinance, 2018, had addressed the collective cry
for justice.
The ordinance may provide for a speedy investigation within 2 months and a
speedy trial within 6 months. But the rigmarole of appeals in higher courts,
leading right up to Presidential Pardon for convicts on death row, is way too
time consuming to inspire enough public confidence in the rule of law.
'It struck too close to home'. That has been the chorus after the dastardly
rape of a child for over 7 months in an apartment complex in Chennai came to
light. The justifiable outrage has triggered vigilantism by lawyers in the
court and furious posts on the social media calling for 'instant justice'. At
the heart of such heinous crimes that are being perpetrated so brazenly and
with chilling regularity, despite all the knee jerk reaction everytime, is the
need for deterrence. The Criminal Law Amendment Ordinance, 2018, had addressed
the collective cry for justice. New sections have been introduced in the Indian
Penal Code like Section 376 AB which prescribes a minimum punishment of 20
years rigorous imprisonment and upto the death penalty for raping a child of
less than twelve years. Section 376 DB IPC carries capital punishment for gang
rape of a child who is less than 12 years.
There are laws and laws, old and new but where is the deterrence? Those who
oppose the death sentence on the ground of no proven deterrence, must suggest
an alternative measure to instil fear of the law. The possibility of
perpetrators killing their victims due to the death penalty is a real danger to
be reckoned with. Those who are mindful of the penal consequences, do not
commit rape, unless they are really hardened criminals. To such beasts, no
deterrence can work. But to first time offenders, the death penalty is likely
to weigh on their perverted minds.
The Supreme Court in Mukesh and Another Vs State for NCT of Delhi, better known
as the Nirbhaya case, held that "the measure of punishment in a given case must
depend upon the atrocity of the crime; the conduct of the criminal and the
defenceless and unprotected state of the victim. Justice demands that courts
should impose punishment fitting to the crime so that the courts reflect public
abhorrence of the crime." The Court suggested drawing up "a balance-sheet of
aggravating and mitigating circumstances attending to the commission of the
offence" and then striking a balance.
In a landmark judgment in Shankar Kisanrao Khade Vs State of Maharashtra, the
apex court laid down the grounds which weighed with the Court in confirming the
death penalty. These include the diabolic, brutal, depraved and gruesome nature
of the crime, public abhorrence that shocks the judicial conscience or of
society, premeditated perpetration, defenceless state of the victim and the
menace or threat to society that the accused pose. I have no hesitation in my
mind that the Chennai child rapists committed a 'rarest of rare' crime that
calls for the hangman's noose.
The ordinance may provide for a speedy investigation within 2 months and a
speedy trial within 6 months. But the rigmarole of appeals in higher courts,
leading right up to Presidential Pardon for convicts on death row, is way too
time consuming to inspire enough public confidence in the rule of law.
While public anguish is completely understandable, it is important to pin down
the real accused. Not all those who are named as accused may be guilty. The
possibility of innocent people being implicated, or some real culprits at
large, cannot be ruled out. Only a proper trial will establish guilt. India is
not a banana republic. We gave even a dreaded terrorist like Ajmal Kasab, who
was caught on camera gunning down innocent people, a fair trial.
And don't forget the right to privacy of the victim. Circulating information
about the name of the school or apartment complex is an offence under Section
228 A IPC with a 2 year jail term. Section 23(2) of the Protection of Children
from Sexual Offences (Pocso) Act also shields the identity of victims.
This crime has shattered to smithereens the notion of safety in a gated
community, with the proverbial fence having eaten the crop. Who will watch the
watchmen? Under the Private Security Agencies (Regulation) Act, 2005 and the
Tamil Nadu Private Security Agencies Rules, 2008, no guard must be over 65
years, be drunk on duty or have criminal antecedents. Unlike background checks
for maids which is optional but advisable, police clearance for security guards
is mandatory. If these guards commit a crime on the premises they are posted,
that constitutes a ground for cancellation of the security agency's licence
under Section 13 of the Act. But how many of them are registered with the State
Police? If there is no licence in the 1st place, where's the question of
cancellation? This is despite the law that makes functioning without a licence
an offence under Section 4 with imprisonment of upto a year and a fine under
Section 20(1) of the Private Security Agencies (Regulation) Act.
Going by the pattern and rate of crime, making installation of CCTVs in all new
residential and commercial buildings - in elevators, common areas and all blind
spots, mandatory by amending the Real Estate (Regulation & Development) Act,
2016, would be useful. The CCTV rule can be applied to all old buildings too,
just like rain water harvesting was made compulsory for everyone. Residents
Welfare Associations can take it up. CCTVs are as important as planting
saplings or composting garbage. Schools must have a weekly period for
psychological counselling. Self defence must become a compulsory subject with
basic legal awareness. I am waiting for the day when a school kid trained in
martial arts, whacks the daylights out of an abuser.
(source: Sanjay Pinto, Deccan Chronicle)
SOUTH AFRICA:
Let's talk about bringing back the death penalty, says IFP
The IFP says South Africans are becoming more fed up with the scourge of
violent sexual crimes, particularly against women and children.
As the abuse against children and women escalates in South Africa, the Inkatha
Freedom Party (IFP) wants the public to discuss whether the time has come to
bring back the death penalty or not.
The country has been marred by violent attacks on women in recent months, and
the most notable one is that of Karabo Mokoena who was killed and burned by her
boyfriend Sandile Mantsoe in Johannesburg.
He is currently serving 32 years behind bars after admitting to putting petrol
on Mokoena's body and setting it alight.
In a statement released on Friday, IFP chief whip in parliament Narend Singh
said the party has written to parliament's Joint Constitutional Review
Committee to request that the matter of whether or not the death penalty should
be reinstated be "urgently" placed on the committee's agenda for public input
and discussion.
"An open and frank discussion must be had in our country about this matter as
South Africans are becoming more and more fed up with the scourge of violent
and sexual crimes, particularly against women and children.
"Current deterrents to violent crime particularly murder, rape and aggravated
robbery are to some extent ineffective, and a debate about finding alternative
solutions at this juncture is a necessary one," Singh said.
He said his party was concerned as crime levels have "drastically increased
over recent years."
"The IFP has called upon the committee to initiate this debate and discussion
with the broader South African public. This request has also been filed with
the office of the Speaker of Parliament, Baleka Mbete MP and the Secretary to
Parliament. We believe that as a responsible political party we are duty-bound
to raise such matters of national importance and place them into the public
discourse for further discussion," he said.
The death penalty was abolished in South Africa in 1990.
According to the Institute of Race Relations, about 4 000 people were hanged in
the country between 1910 and 1989.
(source: Batandwa Malingo, citizen.co.za)
IRAN----execution
Prisoner Hanged in Mashhad Prison
A prisoner was executed at Mashhad Prison on murder charges.
According to a report by Khorasan Newspaper, on the morning of Monday, July 16,
a prisoner was executed at Mashhad Prison. The prisoner, identified as
GholamAli, 41, was convicted of murder during a fight at a wedding.
According to the source, the prisoner was on the run for 5 years and was
finally arrested and sentenced to death in 2014.
According to Iran Human Rights annual report on the death penalty, 240 of the
517 execution sentences in 2017 were implemented due to murder charges. There
is a lack of a classification of murder by degree in Iran which results in
issuing a death sentence for any kind of murder regardless of intensity and
intent.
(source: Iran Human Rights)
*************************
In Anti-Corruption Drive, A Billionaire Will Be 'Definitely' Hanged
The Islamic Republic's Prosecutor-General says the death sentence against
Iranian billionaire Babak Zanjani will "definitely" be carried out.
Zanjani was arrested in 2013 on charges of embezzling state oil revenues and
later convicted to be hanged.
The prosecutor, Mohammad Jafar Montazeri, also insisted that the judges
assigned to preside over financial trials, including Babak Zanjani's, are
primarily concerned with the return of the lost assets to the public treasury.
Zanjani has not yet been executed, Montazeri argued, since the judges are
seeking ways to force him to return public assets.
But the timing of this announcement coincides with a recent order by the
Supreme Leader Ali Khamenei to get tough with corruption, which has played a
big role in propelling people to stage large protests against the regime.
In 2016, the Islamic Republic's Supreme Court upheld the death sentence against
Zanjani who worked as a middleman, selling Iranian oil through companies,
mainly affiliated with the Islamic Revolution Guards Corps (IRGC), in the years
when international sanctions restricted Iran oil exports and banking relations,
during Ahmadineja's 2nd term, 2009-2013.
Prior to Zanjani's case, Iran's private sector had not played a significant
role in the country's lucrative oil business.
Under international sanctions, ultraconservative President Mahmoud Ahmadinejad,
with Ayatollah Ali Khamenei's blessing, allowed the private sector, as well as
security organizations such as the police to sell oil in international markets,
as proxy to the embattled Islamic Republic of Iran.
The result was a total fiasco. The level of corruption and mismanagement
involved in this enterprise was unprecedented in modern Iranian history. The
ensuing judicial cases that followed this major attempt to circumvent
sanctions, continue 5 years after Ahmadinejad left office.
The complicated operation involved money laundering in several countries in
Central Asia as well as elsewhere including Turkey, the United Arab Emirates,
Malaysia and even the United States, Radio Farda reported.
Several individuals had to stand trial in Iran, Turkey and the United States
for just one of the cases. In Iran, billionaire Babak Zanjani who allegedly ran
a worldwide network of money laundering became the star of the trials,
overnight.
Babak Zanjani is currently facing the death sentence as the government alleges
that he has not been able to pay the money he owed to the government as the
middle man in oil sales. Zanjani allegedly stole $2.7 billion from oil sales
during Mahmoud Ahmadinejad's presidency.
No one knows the real figure or how one person was able to embezzle so much
money if he did not have collaborators inside the ruling elite.
Babak Zanjani, 42, is presumed as one of the richest men in Iran with an
estimated fortune of $14 billion in 2013. Reportedly, the business tycoon owned
70 companies before his arrest.
The Prosecutor-General has described the death sentence against Zanjani as
"irrevocable", while the billionaire's lawyer, Rassool Koohpayeh, had earlier
suggested that his client would be able to benefit from Article 114 of the
Islamic Penal Code, if he returns the public's money.
President Hassan Rouhani's Oil Ministry has accused Zanjani of receiving "1
million barrels" of oil from Iran's National Oil Company (NIOC) for more than
$3 billion, but only payed back $190 million, pocketing the rest.
Zanjani's debt was earlier estimated roughly as $1.8 billion. Nevertheless,
Iran Oil Ministry officials have demanded a compensation for "damages", as
well. Oil Minister, Bijan Namdar Zangeneh said last Saturday, "Zanjani's total
debt, including its interests, amounts to $3.5 billion."
Babak Zanjani's assets inside Iran, or 1/5 of his debt, have been confiscated
and surrendered to the Oil Ministry.
(source: radiofarda.com)
KENYA:
Ruth Kamande gets death penalty for boyfriend's murder
A 24-year-old woman found guilty for killing her boyfriend has been sentenced
to death.
Giving her ruling on Thursday, Justice Jessie Lesiit said Ruth Wanjiku Kamande
deliberately stabbed Farid Mohammed 25 times.
Justice Lesiit said that "young people should know it is not cool to kill your
boyfriend or girlfriend, instead it is cool to walk away from such a
relationship when it breaks down".
Ruth murdered her boyfriend using a kitchen knife in September 2015.
In mitigation last week, Ruth told the court she has reformed since staying in
remanded 2 years and 9 months ago, and that she is remorseful.
PAGEANT
Her lawyer Joyner Okonjo said Ruth is now a devout Muslim and has been
attending a course in theology for the past 1 year.
Ms Okonjo added that her client engaged in various activities at the Lang'ata
Women Prison, which led to her crowning as Miss Lang'ata beauty in 2016.
The lawyer argued that for one to get such a title factors such as discipline,
cooperation with the authorities and commitment to reform are considered.
She also said that Ruth had been admitted at Jomo Kenyatta University of
Agriculture and Technology (JKUAT) for a course in Information Technology, but
her education was discontinued.
LOVE LETTERS
During sentencing, Justice Lesiit dismissed claims that she acted in self
defence.
She said the stab wounds were not consistent with her allegations that her
former boyfriend had pinned her down as they fought, observing that the wounds
were inflicted at intervals and not by a person in a lying position.
The night before the incident, the court heard that she found his old love
letters and questioned Farid why he was still holding onto them.
He allegedly ignored her and went to sleep only for her to rekindle the
conversation the following morning.
When neighbours tried to respond to his distress call, they found the door was
locked.
UNREMORSEFUL
Begging for leniency, Ms Okonjo enumerated some of Ruth's achievements:
acquiring of 5 certificates, participating in modelling, dancing, poetry and
scriptwriting.
But State Counsel Evelyn Wanunga said Ruth is not penitent, and should
therefore be handed the death sentence so that it can be a deterrence.
(source: nation.co.ke)
*************
No crime justifies the death sentence
Following Kenya's High Court sentencing of Ruth Kamande to death for killing
her boyfriend, Amnesty International Kenya's Executive Director, Irungu
Houghton, said:
"We are concerned that Kenya continues to use this cruel, inhumane and outdated
mode of punishment. This sentence is a blow to Kenya's progressive record in
commuting death sentences to terms of imprisonment.
"There isn't any credible evidence that the death penalty deters crime any
better than other lawful punishments. This death sentence must be commuted
immediately and Ruth Kamande rehabilitated."
Background
Ruth Kamande was sentenced to death after being found guilty of killing her
boyfriend in 2015, by stabbing him 25 times.
This death sentence must be commuted immediately and Ruth Kamande
rehabilitated. ---- Irungu Houghton, Amnesty International Kenya's Executive
Director
Kenya has made good strides against the use of the death penalty. It has not
carried out an execution in 30 years, and 2 Presidents have commuted the death
sentences of entire death row populations in the last 10 years.
Amnesty International opposes the death penalty in all cases without exception
regardless of the nature of the crime, the characteristics of the offender, or
the method used by the state to kill the prisoner. The death penalty is a
violation of the right to life as proclaimed in the Universal Declaration of
Human Rights. It is the ultimate cruel, inhuman and degrading punishment.
(source: Amnesty International)
DONETSK:
Donetsk People's Republic sentenced gang member to death penalty
10 persons appeared before the court.
The prosecution insisted on the death penalty for 4 members of a criminal
group.
The Supreme Court of the Donetsk People's Republic issued a death sentence to 1
of the members of a criminal gang that committed robberies, abduction, and
murder. RIA Novosti reports this with reference to the press service of the
court.
10 persons appeared before the court. As established by the investigation, all
of them committed armed raids, traded with stolen goods and murder in
2014-2015. All the convicts acted under the guise of membership in the public
organization Cossack Union of the Don Army.
1 of the members of the gang was sentenced to death, 8 got a life sentence, and
others - to 13 years in colony.
(source: crimerussia.com)
SRI LANKA:
Global Tamil Forum deplores reintroduction of capital punishment for drug
trafficking in Sri Lanka
The Global Tamil Forum (GTF) deplores reports that the Sri Lankan cabinet
committee has decided to reintroduce death penalty for those convicted of drug
trafficking. GTF is deeply concerned that the desire to reintroduce death
penalty -after a period of more than 40 years of moratorium- fits into an
emerging pattern in the country where toying with extreme ideas are becoming
mainstream and acceptable.
Death penalty is an inherently cruel and irreversible punishment, which is
neither morally defensible nor can be backed up by evidence to have had any
notable effect on deterring abhorrent crimes. It is ironic the country that did
not resort to death penalty even during decades of armed conflict now wants to
resume this barbaric practice.
GTF fully concurs drug abuse is a menace in the society and every possible step
needs to be taken to root out drug trafficking. Report of drug trafficking from
the confines of prisons is a failure of the prison system and cannot justify
capital punishment. Further, in a country where judicial independence and
capacity is hotly disputed, the risk of miscarriage of justice and wrongful
execution of an innocent person will be unacceptably high.
Sri Lanka by reintroducing death penalty will be joining a shrinking minority
of states that persist with this horrific practice. This arbitrary action
violates Sri Lanka's international commitments, including its repeated votes in
favour of a moratorium on the implementation of the death penalty at the UN
General Assembly.
At a time when Sri Lanka's genuineness in fully implementing its commitments
under the UNHRC Resolution 30(34)-1 is questioned, brazenly abandoning another
of its long-standing principle is deeply concerning.
Sri Lanka has yet to come to terms with its horrendous past where thousands of
what is viewed as officially sanctioned illegal executions were a common
occurrence. For a society that is desensitised to such atrocious crimes,
reintroducing legal executions may not appear as particularly troubling. And it
is precisely for this reason that leadership from both the government and
opposition should put their political differences aside and, with conviction,
desist from such inhuman practice.
GTF views the reintroduction of death penalty as a regressive step impeding the
transformation of Sri Lanka into a modern, decent and humane society and is
appalled by press reports that there is support among some religious leaders in
favour of this change. In fact, the civil society and religious leaders should
provide firm and principled guidance in opposing this short-sighted attempt and
the international community should strongly articulate the negative
consequences of such action.
GTF calls on the Sri Lankan government to back away from its ill-conceived
decision. Democracy and respect for human rights, at a minimum, demand it.
**********************
Death Penalty and Police Power to the Military----Civil Society Concerned with
Implementing the Death Penalty & Providing Police Powers to the Military
The undersigned civil society activists and groups in Sri Lanka express our
deep concern about the decision of the Cabinet of Ministers to take steps
towards implementing the death penalty. The death penalty has not been
implemented in Sri Lanka since 1976, though it continues to remain as a
punishment for certain categories of offences. According to media reports the
Cabinet of Ministers approved a proposal by President Maithripala Sirisena to
take steps towards implementing the death penalty regarding persons who have
been sentenced to death for drug offences and "who continue to operate the drug
racket from their prison cells".
We reiterate the objections made by several stakeholders in stating that;
There is no empirical evidence to support the assertion that the death penalty
has a deterrent value and that it reduces crime;
Once imposed the death penalty cannot be reversed as such individuals could to
be punished with death for crimes they did not commit;
Enforcing the death penalty is contrary to Sri Lanka's international
obligations; and
It is not the way a civilised society deals with crime, especially complicated
crime in the nature of trafficking narcotics.
In this regard we welcome the observations of the Human Rights Commission of
Sri Lanka (HRCSL) contained in letter dated 13th July 2018 addressed to
President Sirisena which echoes the its previous letter to President Sirisena
in January 2016 requesting him to take steps to abolish the death penalty. We
urge the President, Prime Minister and the other members of the Cabinet of
Ministers to seriously consider these recommendations by the HRCSL, which is
statutorily mandated to advise the government in matters relating to the
promotion and protection of human rights.
We are also concerned by a proposal reportedly approved by the Cabinet of
Ministers at its meeting on 10th July 2018 to draft legislation that would
allow the security forces to exercise some police powers for a period of 2
years to purportedly help the Police in "eradicating the drug menace in the
country". The military exercising police powers is unacceptable in a context
where there is no on-going armed conflict. Military involvement in civilian
activities has been a problem in post war Sri Lanka and the GoSL since 2010 has
continuously promised to reduce the role of the military in civilian life.
Whilst progress in this regard has been slow, this proposal if passed into law
would be a mistake and a step in the wrong direction. The military's training
does not equip it to carry out policing functions effectively, as was seen when
the military was summoned to deal with a protest in Rathupaswala in 2013,
forcing the military to engage in policing functions can have disastrous
consequences. Whilst the proposed bill is for a specific period of time, Sri
Lanka's experience with other similar legislation has shown that these types of
laws eventually become a permanent fixture in the legal system.
There is no doubt about the need to curb narcotics in Sri Lanka, however the
response of the GoSL needs to be carefully considered so as not to exacerbate
existing problems. If the GoSL is serious about dealing with narcotics and drug
trafficking it needs to among other things, focus on training the Police to
deal with narcotics related crime and invest in modern equipment and technology
to help investigations. The GoSL also needs to address the strong perception in
society that politicians are involved in trafficking narcotics and/or are
direct beneficiaries of money derived from such activities. Implementing the
death penalty and using the security forces would do little to solve the
problem and in the long run would only compound the rule of law problems in Sri
Lanka.
Signatories:
Individuals
D. Rajani
R.A Ramees
Aaranya Rajasingam
Ainslie Joseph
Anithra Varia
Annouchka Wijesinghe
Anoma Wijewardene
Anushaya Collure
Aritha Wickramasinghe
Asma Rahman Gowthaman
Bishop Kumara Illangasinghe
Bhavani Fonseka
Brito Fernando
Chandra Jayaratne
Chandraguptha Thenuwara
Chulani Kodikara
Cyril Pathiranage
Danesh Casie Chetty
Deekshya Illangasinghe
Daya Somasundaram
P. Saravanamuttu
Selvy Thiruchandran
Faaiz Ameer
J. M. Joseph Jeyaseelan
Sarath Iddamalgoda
Gamini Viyangoda
Godfrey Yogarajah
Iromi Perera
Ishara Danasekara
Jayanta de S Wijeratne
Jayanthi Samaraweera Gunewardena
Jeanne Samuel
Juwairiya Mohideen
Aingkara S. Ratnavale
Lahiru Kithalagama
Lionel Guruge
Luwie Ganeshathasan
Mahaluxmy Kurushanthan
Mario Gomez
Mujeebur Rahman
Nagulan Nesiah
Nigel Nugawela Muthulingam
Prabodha Rathnayaka
Jayadeva Uyangoda
Raisa Wickrematunge
Ramya Chamalie Jirasinghe
Rohana Jayaratne
Rohini Weerasinghe Weerasinghe
Ruki Fernando
P Pushpakanthan
Sakina Moinudeen
Sampath Samarakoon
Sandun Thudugala
Sarah Arumugam
Selvaraj Rajasegar
Senel Wanniarachchi
Shalini Wickramasuriya
Shalomi Daniel
Sharanya Sekaram
Shreen Saroor
Noeline Christine Fernando
Subha Wijesiriwardena
Sumika Perera
Sunethra Bandaranaike
Tanuja Thurairajah
Samuel J. Ponniah
Organisations
Alliance Development Trust
Centre for Human Rights Development
Centre for Policy Alternatives
Families of the Disappeared
Hashtag Generation
INFORM Human Rights Documentation Centre
Institute of Social Development
International Centre for Ethnic Studies
Law and Society Trust
Manawa Shakthi Padanama, Galle
Mannar Women's Development Federation
Muslim Women Development Trust
National Peace Council
Rights Now Collective for DemocracyM
Rural Development Foundation
The Grassrooted Trust
Women's Action Network
Women's Resource Centre
(source for both: Sri Lanka Guardian)
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