Feb. 5
BOTSWANA:
Rising murder cases scornful of death penalty
Cases of murder in Botswana are escalating despite the intervention of law
mechanisms in the form of the death penalty.
Botswana is the only country in Southern Africa Development Community (SADC)
that still upholds and practices the death penalty as other member states have
either abolished the exercise in law or in practice. Indications suggest that
the executions are in practice bearing no fruits as citizens continue to kill
each other for various reasons - including trivial ones. Statistics turned up
by WeekendPost indicate that murder has been escalating since 2015 through to
2016 and recently 2017.
According to the Botswana Police Service Annual Report for the year 2016, a
total number of 278 murder cases were recorded in 2015. In 2016 the number
escalated to a whooping 305 murder cases registered. Police records further
indicate that during 2017 a total number of 70 murder cases were recorded from
January to March, 81 from March to June and 51 from June to September summing
to 202. The recorded cases from September to December were however not
immediately availed to this publication upon request.
It is also still unclear how many cases have gone un-recorded between the years
or in cases of when the victims have gone missing without a trace. Botswana
Police Assistant Public Relations Officer (PRO) Jayson Chabota stated to this
publication in an interview on Wednesday that "during the festive season police
operations that ran from 18th December 2017 to 3rd January 2018, recorded a
total of 22 murder cases".
According to Chabota, this shows a glaring increase as compared to 20 cases
registered during the same period in 2016. When asked on the reasons for these
growing murder cases, the Police mouthpiece pointed out that "most murder cases
were as a result of killings related to love affairs and misunderstandings that
erupted at drinking places." A highly regarded lecturer of Social Work at the
University of Botswana (UB) Kgomotso Jongman hinted that death penalty is not a
deterrent all.
"We have reached a state of hopelessness where nothing matters. Death penalty
is supposed to be a deterrent but when people got nothing to lose it's not a
deterrent anymore," he said. Take an example of a 19 year old in Mogoditshane
who was on bail owing to murder, he went on and killed another person again, he
highlighted while adding that "he knows he is going to be killed anyway".
Jongman's sentiments were also shared by Keletso Tshekiso; a reputable
Counselor serving as the Publicity Secretary of the Botswana Counseling
Association who was firm that capital punishment is proving to be
counterproductive. She explained that "in punishment, the stimulus propelling
the undesired behavior decreases the likelihood of repetition of that behavior
in future. So you can't punish a dead person because they won't feel anything.
In short you are just eliminating that individual. It may not be considered as
punishment by another person until they too face death sentence. So to many,
'capital punishment is just an angry law' which eliminates the murderers
(perpetrators) and not murder (action)."
In addition, the professional Counselor noted that there are quite a number of
reasons while people kill, like social influences, issues of power relations,
cognitive and intellectual impairment and added that the reasons keep on
increasing. Some human rights renowned local attorneys such as Uyapo Ndadi of
Ndadi Law Firm, Tshiamo Rantao of Rantao Kewagamang Attorneys and Martin
Dingake of Dingake Law Partners continues to call for the abolishment of the
capital punishment.
When sharing his legal thoughts to WeekendPost on Thursday, Ndadi said: "I do
not know what plays in the mind of a murderer, but I doubt if a murderer thinks
of the consequences at the time. He continued: "the proponents of capital
punishment argue that it serves as a deterrent, does it? NO!!!" On the other
hand, he stated that he knows that it is wrong and barbaric to kill, and to him
it doesn't matter under what circumstances, unless of course it is in self
defence.
"It doesn't matter to me whether the killing is as a result of death penalty or
crime, it is wrong. The argument that a punishment must fit the crime committed
holds true but not to the extent of repeating the crime," he pointed out. "That
is why we do not rape people who rape, steal from those who steal, beat up
those who beat others (even their spouses and partners) for we know it is wrong
to do so. But why do we find it okay to kill?" he asked. The esteemed human
rights attorney highlighted that he is aware that the Court of Appeal has
declared death penalty in Botswana to be constitutional.
"I have a problem with that because any person has a right to life and dignity.
The right to life must be preserved by government as well. No one should be
licensed to kill by any law. The government must take the lead in showing how
precious life is, and not follow what murderers do. Otherwise it is like
punishing a child for doing what you yourself do to the child or others."
Another well regarded attorney Rantao, has in recent reports, called for the
abolishment of the death penalty on grounds that it is evil, irreversible,
discriminatory and just a form of retribution that solves absolutely nothing.
Meanwhile, while countries across the globe continue to dispose of the
practice, Botswana still continues to enforce on it having executed
approximately more than 53 people since independence in 1966, most of which
were said to be men. Put mildly, Botswana carries out roughly 1 execution per
year.
The death penalty is provided for in the supreme law being the constitution
section 4(1) which states that: "No person shall be deprived of his life
intentionally save in execution of the sentence of a court in respect of an
offence under the law in force in Botswana of which he has been convicted."
According to the Botswana Penal Code (which enforces capital punishment)
section 202: "any person who of malice aforethought causes the death of another
person by an unlawful copyright Government of Botswana act or omission is
guilty of murder."
It posits in section 203 that "subject to the provisions of subsection (2), any
person convicted of murder shall be sentenced to death. (2) Where a court in
convicting a person of murder is of the opinion that there are extenuating
circumstances, the court may impose any sentence other than death. (3) In
deciding whether or not there are any extenuating circumstances the court shall
take into consideration the standards of behaviour of an ordinary person of the
class of the community to which the convicted person belongs."
The technique for the execution of death sentence in Botswana is also
pronounced under section 26(1) of the Penal code which posits that "when any
person is sentenced to death, the sentence shall direct that he shall be hanged
by the neck until he is dead." Meanwhile, on behalf of government, the Minister
of Nationality, Immigration and Gender Affairs, Edwin Batshu is adamant that
the death penalty will continue to be practised.
He said this when speaking at the 29th session of the 3rd cycle review report
of the Universal Periodic Review (UPR) 2 weeks back at Geneva, Switzerland. He
stated at the high level meeting that "Botswana's view on "the question of
death penalty" remains unchanged, and the death penalty remains a competent
sentence under the laws of Botswana."
He continued to highlight that, in that regard, "government holds the view that
the death penalty is not a human rights violation, or a form of torture, but
rather a matter of criminal justice. Like every country, we retain the
sovereign right to independently decide our own criminal justice system,
including the retention of the death penalty," he maintained.
He also explained that while the country does not begrudge those who have
abolished it or imposed a moratorium on executions, it equally expects that
they too should respect their right to determine whether it abolishes or
retains it, as a criminal justice sanction, in accordance with Article 6 of the
International Covenant on Civil and Political Rights (ICCPR). However Batshu
said the Botswana government was however aware that there could be some genuine
concern about the application of the death penalty in some parts of the world.
He further told the global gathering that "let me assure you that in Botswana,
we have robust laws and institutions including an independent judiciary in
order to ensure that there is no arbitrary imposition of the death sentence.
Nonetheless, Government intends to hold public debates on the death penalty
over the coming period, and Botswana would welcome technical and financial
assistance to carry out such an exercise."
(source: risingpost.co.bw)
GEORGIA:
Georgia Tightens Punishment for Criminal Group Membership
The Georgian Government has decided to step up efforts in the fight against the
criminal world, and will tighten punishment members of criminal groups;
especially for being a so-called "thief-in-law."
The proper legislative amendments, initiated by the Interior Ministry, were
approved by the Government and sent to the Parliament for further
consideration.
According to the changes, any person who appears to be a member of a criminal
group or a "thief- in- law", for the purpose of settling any dispute or making
any decisions, or supports the criminal world, will be punished according to
criminal law.
Also, any person who organizes the meeting of criminals or so called
"thieves-in-laws", or takes part in such meetings, will be punished.
Furthermore, if under the current criminal code, being a "thief-in-law" is
punished by 7-10 years imprisonment, according to the amendments, this
punishment will be increased to 10-15 years in prison.
As for membership of an organized criminal group, the punishment will be a term
of 7 to 10 years instead of the previous 5-8 years.
Georgia's Deputy Interior Minister, Natia Mezvrishvili, says that as soon as
members of the criminal world, so-called thieves-in-law cross the state border
of Georgia, law enforcement bodies will detain them immediately.
"Moreover, the people who provide any kind of assistance to the members of
organized crime groups will be also punished according to the law," she
stressed.
Giorgi Gakharia, Interior Minister of Georgia, says if the members of the
organized crime groups cooperate with the investigation, their punishment will
be lifted.
"The planned changes are necessary if we all want to build a successful country
and eliminate organized crime once and for all," he stated.
The Minister believes law and order will not be established in the country
until there is effective cooperation between civil society and law enforcement
agencies.
"We are building this bridge of trust now. For this purpose, we needed to be
honest to ourselves and to society," Gakharia told Imedi TV.
Georgia's Prime Minister, Giorgi Kvirikashvili, welcomed the changes, saying
Giorgi Gakharia enjoys tremendous support from the Cabinet.
"I would like to emphasize and assure our population that the mentality of
organized crime will never again take root in Georgia. Never ever! In this
regard, we will be truly consistent and merciless because it is about the peace
and quiet of our fellow compatriots and the building of our country's future,"
the PM stressed.
Vory v zakone, or "thieves-in-law," are originally a Soviet phenomenon. They
first appeared in the 1930s - people who did not accept the Soviet regime and
went into the criminal underground. "Thief" is not a profession, but a title
backed by the thieves' "law," or code of conduct.
According to the thieves' own morality: to not rat on others, to repay debts,
to not be associated with sports teams, etc. But the title gave them the right
to act as arbitrators in the criminal world.
These "thieves" disappeared back in the early 1960s, when the death penalty was
introduced for the involvement in gangs, said Mikhail Pashkin, chairman of the
coordinating council of the Moscow and Moscow Region police trade union.
These days, a "thief-in-law" is just the leader of a criminal gang, with the
exception of a few traditions that have been preserved: the ceremony of
"crowning" (the awarding of this title), and the thieves' cashbox - the
so-called obshchak (common fund), which is held by the "thieves."
Only people, who have been convicted many times can become the so-called
thieves-in-law. Once accepted they must live according to the thieves' code.
The penalty for violation of this code is often mutilation or death.
After the collapse of the Soviet Union, the so-called thieves-in-law (the vory)
assumed a leading role within the Russian criminal hierarchy.
Today, the thieves are spreading their influence far beyond the borders of the
former USSR and they have their organized crime groups in Europe and even in
the USA.
(source: georgiatoday.ge)
CHILE:
Far-Right Lawmakers Ask to Restore Death Penalty
In an open letter to the president, 5 legislators of the Independent Democratic
Union (UDI) argued that that the measure was necessary considering the "bad
intentions" and "zero respect for life" of the murderer.
Senator Ivan Moreira, from the same party - a far-right group with origins in
Chile's former military dictatorship under Augusto Pinochet - said he had
always supported the death penalty and would approve the bill.
However, the bill would probably not pass because it would first require a
reform of the Constitution first and the abandoning of several human rights
international treaties, admitted Moreira.
Felipe Harboe, a lawmaker for the center-left Party for Democracy, condemned
his far-right counterparts as "populist and ignorant" who only made the
announcement in order to gain popularity while knowing it would never be
approved.
The death penalty was abolished in the country in 2001 during the government of
Ricardo Lagos Escobar. However, Chilean legislators only recently (2010)
considered implementing a law condemning femicides, or the murder of women.
Most lawmakers - beyond those who have just criticized this man's "no respect
for life" - have reluctantly approved a bill finally allowing a woman to
terminate her pregnancy if her life is in danger or if the pregnancy was the
result of a rape, after 2 years of debate.
Pinera, who made his fortune introducing credit cards to Chile in the 1980s,
recently appointed Isabel Pla to the new Ministry of Women and Gender Equality,
a notorious anti-abortion activist, and also militant of the Independent
Democratic Union party.
(source: telesurtv.net)
IRAN:
Stockholm academic's death sentence in Iran 'definitive': lawyer
Attempts to convince Iranian courts to review the death sentence given to an
academic convicted of spying for Israel have failed, according to the man's
lawyer, who says the sentence is now "definitive".
Iranian emergency specialist Ahmadreza Djalali, who is a resident in Sweden,
was arrested during a trip to the Islamic republic in April 2016. He was found
guilty in October 2017 of passing information about Iranian nuclear scientists
to Israel???s Mossad intelligence agency.
The sentence was met with protests by Amnesty International, the UN and
Sweden's Foreign Ministry. An initial appeal was rejected in December, and his
lawyer now says a further request to have the sentence overturned has been
denied.
"This time the sentence is definitive. It has been confirmed that the death
penalty can be carried out, and it can happen at any time," Djalali's lawyer
Zouhaier Chihaoui told Le Soir, condemning the legal process in Iran as unjust.
The Swedish branch of Amnesty International said it has not received
information about the death sentence being confirmed.
"But we heard from Djalali's wife on Friday that a decision would probably be
announced tomorrow (Monday), and the lawyer wasn't optimistic. This is in line
with that," Maja Aberg from Amnesty told news agency TT.
Amnesty had hoped the judgment against Djalali would be overruled, she said.
The Swedish Foreign Ministry said it too had not received any information about
the court's decision.
Last week a further person was sentenced to 6 years in prison for spying in
Iran, having allegedly sold information about the country's nuclear energy
program to the US and EU, according to the Iranian legal authority.
Prosecutor Abbas Jafari Dolotabadi claims the person met US and EU agents on
nine occasions and gave them information "about sanctions and nuclear matters"
in exchange for money.
(source: thelocal.se)
BANGLADESH:
Rupa Rape, Murder----Defence seeks acquittal of all 5 accused
The defense side on the concluding day of their argument yesterday sought
acquittal of all the 5 accused in the case filed for rape and murder of law
student Rupa Khatun on a moving bus in Madhupur upazila under the district on
the night of August 25 last year.
The argument was completed at the Court of Abul Mansur Miah, acting judge of
Tangail Women and Children Repression Prevention Tribunal.
The court fixed today for arguments of the both sides on law points.
Lawyers of the 5 accused, Shamim Chowdhury Dayal and Delwar Hossain told the
court that none of the witnesses, including the complainant and the
investigation officer of the case, and the doctor who conducted autopsy of the
body could prove the allegations brought against the accused.
The confessional statements that the accused gave to the court under Section
164 were made under pressure and intimidation by the police, the two lawyers
said.
Earlier, the state side on the concluding day of their argument on January 31
sought capital punishment for all the 5 accused in the case saying that they
were able to prove the allegations.
(source: thedailystar.net)
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