Feb. 17
INDIA:
SC stays execution of death sentence on Swami Shradhananda
The Supreme Court today stayed the execution of death sentence on Swami
Shradhananda, a self-styled godman convicted for murdering his wife Begum
Shakereh Namazi, who belonged to the erstwhile royal family of Mysore in
Karnataka.
A Bench comprising Justice Ashok Bhan and Justice Tarun Chatterjee issued
notice to the Karnataka Government on Shradhanand's petition challenging
his conviction in the case.
The Karnataka High Court in September last had confirmed the death
sentence awarded to him by the trial court.
Shakereh, grand-daughter of Sir Mirza Ismail, former Diwan of Mysore, had
married Shardhananda in 1986 after divorcing Akbar Khaleeli, a former
diplomat.
The prosecution had alleged that Shradhananda alias Murli Manohar Mishra
had drugged his wife and buried her in the compound of her sprawling
bungalow in Bangalore on April 28, 1991.
It was alleged that the accused wanted to grab Shakereh's property.
On a complaint of a missing person lodged by her daughter, police worked
out the case and exhumed her body after which the self-styled godman was
arrested.
(source: The Hindu News)
AUSTRALIA:
Australia needs to argue against the death penalty: Amnesty International
Australia may be seen as hypocritical as it argues for clemency for two
men sentenced to death in Bali for drug trafficking.
That's the concern of Tim Goodwin, the anti-death penalty campaigner for
Amnesty International. "The problem for the Australian government is the
fact that it's taken such a double standard on the death penalty over the
last couple of years, that it's going to be really hard for the government
to mount a convincing case against the death penalty when for example,
they've approved the death sentence against the Bali bombers."
Indonesia may well respond that Australia is being "hypocritical and
selective" about where the death penalty is applied and who should be
spared, feels Tim. Andrew Chan and Myuran Sukumaran, were this week
sentenced to death, while the others of the so-called 'Bali 9' have been
given life sentences for attempting to traffic heroin.
It's a very dangerous punishment
Australia ought to be arguing against the death penalty in the broader
framework of a human rights issue, says Tim; the right to life is a
fundamental human right. If Australia is credible and consistent, it would
have a stronger case from which to argue that these men should not be
executed.
Indonesia has been more willing to carry out the death penalty in recent
years, compared with the historical record, says Tim. Three people were
executed in 2004 and 2 people last year. As well, there is an increase in
the numbers of people who are receiving the death sentence. "I think that
there's a greater political willingness to pass these sentences and to see
them carried out."
Yet, he adds, "It's a very dangerous punishment, particularly when you
look at Indonesia's justice system." The global trend is away from using
the death penalty, he says.
The Australian public reacted strongly to the case of Shappelle Corby who
also faced death for carrying drugs into Bali. The response this time has
been more muted. The public may react to these people differently in an
emotional sense, says Tim but "we're still talking about the same penalty
for a fellow human being."
The fact that the Australian government has offered to argue for clemency
must offer hope to the prisoners, Tim feels, as the relationship between
the two countries is strong. If the government were to ask for clemency in
these individual cases, "it has to count in their favour."
can you spare our citizens from the consequences of that initial tip off.
Again , though Tim stresses that he feels that the Australian government
would have a stronger case to argue if we were raising human rights on an
ongoing basis rather than trying to intercede on an individual case.
The Indonesian Government did not know about the conspiracy until given
the information by our Federal Police, notes Tim. Now, he says that we're
in effect asking "can you spare our citizens from the consequences of that
initial tip off." The Federal Police were following government
instructions to pursue international cooperation regardless of the
consequences, believes Tim. Instead, he feels that the role of the Federal
police should be help protect human rights rather than to undermine them.
The government should be looking for guarantees and looking for mechanisms
to ensure that when information is handed over, it's not used in a capital
trial.
Talking about the matter of the death penalty with other countries is not
a matter of lecturing or appearing superior to that country's justice
system, says Tim. Rather, it's a matter of "having a debate with them."
Drug trafficking is on the agenda for many countries in the region, says
Tim. The death penalty ought to be on the table the same as other matters
to do with the drug trade. While we all want effective measures against
drugs, the death sentence is not an effective measure. "It doesn't deter
crime."
The fact that these men were arrested while Shappelle Corby was facing a
possible death penalty shows that it's not a deterrent, Tim argues.
What of the view sometimes expressed that death is preferable to a life in
an Indonesian gaol? Tim replies that he has never known people to choose
death when given the option of life. Life, even in goal offers hope, he
says.
(source: ABC News)
