[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

June 14



MALAYSIA:

5 charged with murder of navy cadet, another for abetting


No plea was recorded from them by the magistrate as offences that carry the 
death penalty have to be tried before a High Court judge.

5 National Defence University (UPNM) students were charged with the murder of 
navy cadet Zulfarhan Osman Zulkarnain today while another was charged with 
abetment.

Those charged with murder are Muhammad Akmal Zuhairi Azmal, Azamuddin Md Sofi, 
Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat and Mohamad Shobirin 
Sabri.

Abdoul Hakeem Mohd Ali was charged with abetting the 5.

The 6, all aged 21, are charged with jointly committing the offence in a room 
at Jebat hostel block in the university in Cheras on May 22.

No plea was taken when they were produced before magistrate Siti Radziah 
Kamarudin. The courtroom was packed with family members of the accused.

Offences that carry the death penalty are heard before a High Court judge.

Siti Radziah, however, fixed Aug 14 for the case to be mentioned before her.

In the same court, 19, including the 6 charged with murder and abetting, 
claimed trial to assaulting the deceased to obtain a confession over a period 
of 2 days.

Siti Radziah offered them bail at RM7,000 and fixed mention of their cases on 
July 17.

Government lawyer Nordin Ismail said 13 other suspects would be freed today but 
would turn prosecution witnesses.

Initially, police arrested 36 students in connection with the death of 
Zulfarhan on June 2. They were arrested at the UPNM campus at the Sungai Besi 
army camp.

32 of them are from UPNM while four are from Universiti Tenaga Nasional 
(Uniten). All are aged between 20 and 21.

The Uniten students were subsequently freed, after being held under remand for 
5 days.

Zulfarhan was found with burn marks and bruises in an apartment in Sepang by 
his friends around 8pm on June 1.

He was reported to have been still alive when his friends called an ambulance 
to rush him to hospital.

Zulfarhan is believed to have been a victim of bullying. He had been bound, 
beaten and burnt with an iron.

Defence Minister Hishammuddin Hussein had said that the perpetrators would not 
be spared.

"I have ordered the armed forces and UPNM to conduct an urgent investigation. 
No one will be spared legal action if found guilty," he had said on Twitter.

(source: freemalaysiatoday.com)






INDIA:

Why can't capital punishment stop rape in India?


On May 29th, in Manesar at Gurgaon, a 19-year-old woman was gang-raped and her 
9-month-old daughter was killed by throwing her to the ground. Yesterday, The 
National Human Rights Commission (NHRC) issued notices to the Director General 
of Police, Haryana and the Gurugram Police Commission stating, "the night 
patrolling on the road by the police was not being done". The NHRC requested 
the Police Commissioners of Delhi, Faridabad, Noida and Ghaziabad to come up 
with constructive suggestions and a joint action programme is expected by the 
law enforcement agencies of the National Capital Region (NCR). Though this came 
as a positive measure to ensure women's safety, yet we are a long way to go.

The situation is particularly difficult to address as many Indian politicians 
across partylines often place the onus on the victims themselves. For instance, 
Azam Khan of Samajwadi Party remarked after 2 girls were raped by 14 men at 
Rampur in Uttar Pradesh that "girls should avoid places where molesters roam 
free". The incident and bizarre assertion make us question if we women have a 
safe space to dwell in this country. Another leader Babulal Gaur on another 
gang rape case of 2 teenagers said, "this is a social crime which depends on 
men and women. Sometimes it's right, sometimes it's wrong." Such remarks by 
leaders clearly do not reflect us in a respectable position, hence we do not 
want your sympathy.

The Nirbhaya verdict (5th May 2017) stirred clamour around capital punishment 
against the perpetrators of rape. Many believed, the perpetrators deserved 
'justice served' and some opposed the idea of capital punishment. 
Unfortunately, after the most celebrated verdict by the Apex court, a series of 
rape cases has been reported so far. Death penalty is commonly seen as a 
deterrent but so far it has failed in the prevention of rape against women. In 
the month of May alone, 3 very heinous instances of rape have made the 
headlines in the country.

Frequently, police officials encourages the victim to settle the matter out of 
court, thereby, dissuading them from pursuing the case

The dark figure of crime: Unreported Rape

The Indian Penal Code largely understands gender specific crime as an assault 
on women with the intent to outrage the modesty, cruelty by husband or 
relatives as well as kidnapping, abduction and rape. As per the National Crime 
Record Bureau (NCRB), 327,394 cases of crimes against women were reported in 
2015. In 95 % of these cases the offender knew the rape victim. One of the most 
frightening facts reported by NCRB is 1 rape occurs every 20 minutes in India.

Despite all the facts and figures reported by the NCRB, experts are unanimous 
that it is extremely to difficult to accurately calculate the number of rapes 
in any country, particularly in India. Victims often fail to report, more so, 
if family members are involved or in cases where the victim was found to be 
drunk or intoxicated. In the latter case, it is difficult to ascertain whether 
consent was given or not. Frequently, police officials encourages the victim to 
settle the matter out of court, thereby, dissuading them from pursuing the 
case.

Rape: Theories and Beliefs

If we evaluate why a woman is always the victim, it is pertinent to understand 
the various theories and studies done by scholars, psychologist and feminist 
over a period of time on rape culture. The early proponents of the Evolutionary 
Theory believed man rapes to enforce their sexual desires on a woman so that 
the offsprings bear their qualities. Whereas, the Feminist theory believed rape 
is "violent and not just a sexual act", ideally generate fear and intimidate a 
woman.

The early proponents of feminism suggested, "rape is about power and control 
and not sex". Anthropologist Peggy Reeves Sandy through her research on tribal 
societies presented "rape varies cross-culturally" and it includes, 
"interpersonal violence, male dominance and sexual separation". Her study 
showcases the attitude towards women in "rape free" and "rape prone" zones. The 
"rape free" zones are ideal communities that 'respect female authority and 
power' but, "rape-prone" are communities with male dominant societies. Her 
deviation from the common understanding provided a fresh perspective in 
understanding how certain positive attitude and behaviour in society tend to 
benefit women at large.

"Rape is a political matter" and can be stopped only with the end patriarchy

The New York Radical Feminists in their Manifesto categorically states that 
rape is not a "personal" problem. Rather, their argument is "rape is a 
political matter" and can be stopped only with the end patriarchy. The position 
taken by the Radical feminists complicates the common perception that capital 
punishment of the culprit will root out rape.

Capital punishment or not: The big debate

It is evident death penalty hasn't acted deterrent for our society. Moreover, 
the experts are not even sure whether the judiciary should see death penalty as 
a deterrent, reformation or retribution. Retribution is the common practice 
preferred however, it has failed to prove beneficial for neither our society 
nor criminals. This aspect is forcefully brought out by Professor John 
Braithwaite of The Australian National University who believes that "crime 
hurts and justice should heal". The restorative justice cuts crime, it is 
noticed that after meeting their victims and engaging in a dialogue, criminals 
are less likely to re-offend. The survivor too gets a pivotal role in the 
"justice process".

Joanne Nodding, a rape survivor, a few years ago wanted to confront the man who 
raped her. As part of restorative justice programme, she decided to meet him 
five years after the incident. The program allows victims to initiate a 
conversation with the person responsible. During the session, Nodding described 
the harrowing abuse she had to undergo. The perpetrator apologised and Nodding 
ended the meeting by forgiving him. She added she felt "on top of the world, 
she had to release the burden so that he could look towards his future. It may 
stop him from doing it again". It is difficult to analyse the punishment that 
would fit the bill for the rapist.

Also, there exists unpredictability in awarding death sentence in rape cases, 
as most of the perpetrators are from underprivileged background. Raju 
Ramachandran, one of the amicus curie in the historic Nirbhaya's case, was a 
strong opponent of a death penalty. Ramachandran argued that a whole set of 
reasons, particularly one related to individual backgrounds should be 
considered rather than advocating that "one penalty fits all". A blanket 
judgment "hits at the very root of Article 14 which prohibits similar treatment 
of differently situated individuals". Despite a culture of "shame and silence", 
we have to resort to progressive measures to deal with rape.

In spite of making necessary amendments in rape laws and better provisions 
adopted for women in India, nevertheless, we are not safe. The measures should 
be aimed at substantially reducing harm against women. Initiatives should be 
undertaken for collective actions, such as engaging bystanders, better 
policing, educate youth about healthy relationships and implement better 
prevention programs. Most of the initiatives undertaken in India have failed to 
achieve the desired result. It includes utilisation of Nirbhaya Fund-- 'One 
Stop Centre', 'Universalisation of Women Helpline', 'Mahila Police Volunteer' 
and schemes of other Ministries/Departments under Nirbhaya Fund are yet to 
highlight their success stories.

To sum up, the unequal power dynamics between man and woman should be reduced; 
it will reduce the "domination" and "discrimination" attitude against women. 
Sexual violence is a public health issue, hence, collective action, 
implementing laws and generating interest are required to transform 
communities.

(source: wionews.com)






SUDAN:

Sudan begins trial of top activist accused of spying


The trial of a prominent Sudanese human rights activist accused of spying for 
foreign embassies opened on Wednesday in Khartoum, as Amnesty International 
called for his immediate release.

Mudawi Ibrahim Adam, an engineering professor at the University of Khartoum, 
was arrested in December by security forces as part of a crackdown on 
opposition leaders and activists.

Prosecutors have accused him and some others of carrying out spying and 
intelligence activities for foreign embassies in return for money.

He is also accused of publishing lies about government forces using chemical 
weapons, and distorting the image of the state.

Under Sudanese criminal law, the charges against Ibrahim Adam -- winner of 
several human rights awards -- are punishable by death.

In September, rights group Amnesty International said Sudanese forces had 
carried out dozens of suspected chemical weapons attacks in a mountainous area 
of war-torn Darfur that killed up to 250 people, including many children.

Officials including President Omar al-Bashir have steadfastly denied Amnesty's 
report.

On Wednesday, a court in Khartoum held a short opening session in his trial at 
which the activist appeared before a judge, an AFP correspondent reported.

The session was attended by several Western diplomats and Sudanese activists. 
The next session in the trial has been scheduled for July 20.

Ibrahim Adam, who has worked extensively on human rights causes in Sudan and in 
particular in Darfur, has been arrested several times before for his work.

The government shut down a development organisation he headed in 2009.

Ahead of the start of his trial, Amnesty International called for the immediate 
release of Ibrahim Adam and his colleague Hafiz Idris Eldoma, who also has been 
detained.

Amnesty said Ibrahim Adam has been "continuously harassed" by the Sudanese 
authorities for his human rights work.

"Unfortunately, this latest round sees the harassment take a more sinister turn 
as both he and his colleague Hafiz potentially face the death penalty," Amnesty 
said in a statement.

"Their arrest and continued incarceration is a miscarriage of justice, plain 
and simple."

Ibrahim Adam and several opposition leaders and activists were detained in 
December by security forces in an attempt to crush widespread protests against 
a government decision to raise fuel prices.

(source: Agence France-Presse)

**************************

End the miscarriage of justice against Dr Mudawi and his colleague


The Sudanese authorities must immediately release prominent human rights 
defender Dr Mudawi Ibrahim Adam and his colleague Hafiz Idris Eldoma, and halt 
its misguided assault on dissenting voices in the country, said Amnesty 
International as their trial begins in the capital Khartoum today.

Dr Mudawi and Hafiz are facing 6 trumped-up charges, including 'undermining the 
constitutional system and waging war against the state', both of which carry 
either the death penalty or life imprisonment.

"Dr Mudawi has continuously been harassed by the Sudanese government for his 
human rights work in Darfur and across Sudan for more than a decade. 
Unfortunately, this latest round sees the harassment take a more sinister turn 
as both he and his colleague Hafiz potentially face the death penalty," said 
Muthoni Wanyeki, Amnesty International's Director for East Africa, the Horn and 
the Great Lakes.

"Human rights work is not a crime, so Dr Mudawi and Hafiz must be immediately 
and unconditionally released. Their arrest and continued incarceration is a 
miscarriage of justice, plain and simple."

Dr Mudawi, an engineering professor at the University of Khartoum, was arrested 
by intelligence agents on 7 December 2016. He founded and is the former 
director of the Sudan Social Development Organization (SUDO), and has won 
several human rights awards.

Hafiz Edris Eldoma, an internally displaced person from Darfur, was arrested on 
24 November 2016 at Dr Mudawi's house.

Amnesty International is campaigning for Dr Mudawi's release as part of its 
Brave campaign.

(source: Amnesty Internatnional)






SOUTH AFRICA:

Youth call for return of death penalty at Aids conference


Delegates at the start of the 8th South African Aids Conference on Tuesday 
heard that government had 6 months to respond to several demands made by the 
country's youth at the Higher Education Aids conference (HEAids).

HEAids, also held at the Inkosi Albert Luthuli Convention Centre in Durban on 
the weekend, was a precursor to the national conference, and saw some youth 
representatives calling for the return of the death penalty for crimes such as 
rape and murder.

At an emotionally-charged session on Tuesday, youth participants took part in a 
plenary session that included singing and prose to illustrate the plight of 
adolescents living with HIV/Aids and to highlight gender-based violence.

Buti Manamela, Deputy Minister in the Presidency, speaking at the Aids 
conference at the Durban ICC at the weekend.

Reading an "Open letter to HIV", Saidy Brown took to the stage to share that 
she lost both her parents to the virus and although she had tried to live her 
life "to the book", she still contracted HIV.

"I hate you for taking my happiness away. Because of you, there goes my 
relationship with God ... my life has spiralled out of control...my confidence 
is tainted," said Brown in her presentation.

Delegates were told that "the youth are rising" and would be holding government 
and society to account in addressing HIV/Aids and gender-based violence.

Last year, it was announced that almost 2 000 young women were infected with 
HIV on a weekly basis in South Africa, with those between the ages of 15 to 24 
having the highest infection rates.

According to UNAIDS, South Africa has the largest population of adolescents 
aged 10-19 years living with HIV of any country in the world, with many young 
patients not effectively linked to care after receiving a positive HIV 
diagnosis.

(source: iol.co.za)