Jan. 9
INDIA:
India Gang Rape: 3 Suspects 'To Plead Not Guilty'
3 men accused of brutally gang raping and killing a 23-year-old student in New
Delhi are to plead not guilty to the charges, their lawyer has revealed.
Lawyer M L Sharma told the AFP news agency he will challenge evidence the
police claim they have linking the suspects with bloodstains on the victim's
clothes. "Nothing is proven yet," he said outside the court.
5 men have appeared in court, with a 6th suspect expected to be tried
separately in a juvenile court as he is 17. Under Indian law juveniles cannot
be prosecuted for murder.
The suspects have been named as bus driver Ram Singh, his brother Mukesh, Pawan
Gupta, Vinay Sharma and Akshay Thakur.
The suspects have been accused of carrying out an attack on December 16
The men are likely to face the death penalty if found guilty, despite the
sentence rarely being passed in India.
The sheer brutality of the rape has galvanised the nation into action, with
angry protesters accusing the government of not doing enough to tackle violence
against women.
During the rape, the victim was attacked by 6 men on a bus. A metal rod was
inserted in her body as the bus drove around for 40 minutes. The sustained
attack resulted in the removal of almost all of her intestines.
The attack has prompted protests
A police report seen by the Hindustan Times alleges the youngest suspect
"extracted her intestine with his bare hands and suggested she be thrown off
the moving vehicle devoid of her clothes."
The victim and a male friend, who was also attacked, were thrown from the bus
while it was still moving. Police in Delhi said the bus then tried to mow them
down.
The medical student died in a Singapore hospital after suffering multiple organ
failure and a heart attack.
The government is now being accused of trying to "run away from the problem",
with critics saying the student should never have been sent to Singapore for
treatment.
Vigils have been held around the world for the victim
With women's rights firmly at the top of the social agenda, the government is
struggling to defend the poor rape conviction rate, especially in Delhi, which
has been dubbed 'the rape capital' after figures revealed a woman is raped in
Delhi every 14 hours.
Despite this, official figures show that there was only one conviction for rape
in the whole of 2012.
(source: Huffington Post)
***************
Will Asaram Bapu tell women in his family to surrender to rapists, asks Delhi
gangrape victim's father
Headlines Today correspondent Preeti Choudhry spoke to the father of the
23-year-old Delhi gangrape victim. In this exclusive interview, he spoke on
many issues, including Asaram Bapu's brazen remark against the girl who was
brutally gangraped in moving bus on December 16. Here are some of the excerpts
of the interview.
"I'm standing today because people stood behind me. I thank them. I would have
fallen if they were not there. I'm a broken man today. I only have the will of
the people with me."
On Asaram Bapu: "How can he say what he did? He should be ashamed 'chullu bhar
pani mein doob jana chahiye'. He would know if he had a daughter. Would he tell
her to resign herself or beg to hooligans! Being a godman he is spewing venom.
People should stone him."
On the juvenile accused in the case: "All 6, including the minor, should be
hanged! Only death is the right punishment for the crime he has committed. I
plead with the authorities that he should get death penalty."
On law named after his daughter: "True honour for my daughter would be if the
law gets changed and named after my daughter."
On his daughter: "If I have to do it again, I would bring up my daughter with
the same values - independent and fearless like she was. She was ambitious,
fearless and proud. She wanted to go home. She wanted that all 6 be hanged, she
told me that in the hospital."
On the night (December 16) of the incident: "We got a call from the Safdarjung
Hospital that my daughter had met with an accident. It took us a lot of time to
find her. The lady attendant told us what happened and that time there was no
police."
"The cops and the politicians have done a lot. They have done their best. We
have no complain."
On shifting her to Singapore: "We wanted the best treatment for our child and
when advised we agreed. We also thought that if we take her outside India. She
will live."
"Sonia Gandhi and the PM came to receive us when we got her body back. We did
not know people would have wanted to come for her cremation. We wanted to
cremate are as soon as possible. No pressure on us."
Political pressure: "People's anger justified but maybe politicians should have
refrained from jumping in."
"I thank the entire country, who joined us in our grief. I urge them to keep
the flame burning."
"All fathers should do their best to instil confidence in their daughters. They
should make them independent. They should not cower behind this incident."
"We are feeling very alone, don't know how we will go on with our lives - just
surrounded in darkness."
(source: Indian Today)
******************
Death penalty should only be for the most serious offences
I refer to the report "Shanmugam condemns rape" (Dec 31) and the letter "The
hidden cost of removing death penalty" (Jan 2).
There are 2 issues here: Should the death penalty be abolished? If no, should
it be given to gang rapists who cause death?
In numerous countries, the death penalty is viewed as a cruel punishment.
However, Singapore's strict stance on applying it for serious offences - such
as murder and drug trafficking - has, arguably, maintained high levels of
safety here.
Nonetheless, as a developed country, we are moving in the right direction, with
our courts now having discretion on whether to impose the death penalty in some
cases where it had been mandatory.
Any punishment should be commensurate with the offence, and the death penalty
cannot be justified, as the letter writer did, by reason that imposing life
sentences would waste taxpayers' money. If it is not abolished, then it should
be imposed only in the most serious of offences.
And it would be hard to disagree with Mr Shanmugam's opinion that the death
penalty would be appropriate for a horrific gang rape resulting in death, a
crime more heinous than most.
(source: Asik Ali Sadayan, Today online)
**************
National Commission for Minorities not in favour of death penalty for rape
convicts
As a debate raged over imposing death penalty for rape convicts, National
Commission for Minorities (NCM) opposed such a "blanket provision", saying this
would prompt offenders to kill their victims.
"The laws concerning rape provisions should be made for enhancement of
punishment with imprisonment of life and also liability to fine. A blanket
provision for death would prompt offenders to kill their victims, compounding
instances of rape and murder," the NCM said submitting its recommendations to
Justice Verma Committee.
NCM Chairperson Wajahat Habibullah forwarded the recommendations to the
Committee on January 5, seeking amendment in definition of rape into "sexual
assault". The panel was formed by government to review and strengthen anti-rape
and sexual offences laws.
"A life in prison is rigorous enough. It means paying penance for the sin for
the whole life," the NCM said.
Terming the Delhi gangrape incident as "horrific", NCM said, "Indian state
needs to guard against knee-jerk reactions. People are asking for castrations,
chemical castration, public hanging etc."
"Fast track courts should be designated to deal with such cases. It is also
suggested that such cases should be decided by trial court within a period of
100 days. 6 months should be the maximum period," it said.
Observing that "only quick decisions of the cases in such offences will have a
deterrent effect", it said there should be a "lady public prosecutor to conduct
the cases."
It also recommended police sensitisation and training cops in handling all
cases of crime against women.
"In place of a male police officer, lady police officer should be assigned to
register the complaint/FIR. To make this so, larger number of women might be
recruited, and the law suitably amended to ensure this, with due consideration
of the force including sections of vulnerable groups," it added.
(source: Indian Times)
************************************************
NHRC voices opposition against death penalty
Amid all the public anger and revulsion due to the brutal Delhi gang-rape and
other such incidents in the country, Nation Human Rights Commission K.G
Balakrishnan ruffled popular opinion when he stated that death penalty was
against the Universal Declaration of Human rights.
"Death penalty in any case is against universal declaration of human rights,"
Balakrishnan was quoted saying by a news agency at a discussion organised by
NHRC on strengthening laws to tackle violence against women.
The strategic timing of the comments, coming at a time when the whole nation is
shocked by the barbaric Delhi gang-rape, has raised some eyebrows.
Realising the gravity of his comments, the former CJI, however, refused to
comment on the nature of punishment to be meted out to the six accused in the
Delhi gang-rape incident.
Balakrishna opined that instead of awarding capital punishment, laws to protect
women should be implemented with full vigour to prevent any gender-related
crimes.
Surprisingly, the former apex jurist himself blamed the 'slow pace of trial in
Indian courts' as a major factor which delays justice.
The UN Declaration of Human Rights, adopted in 1948, though, doesn't
equivocally abolishes capital punishment, but does include provisions which
criticise state execution. Efforts to abolish death penalty have been resisted
by Muslim countries among others for violating 'tenets of Sharia'.
In the recent past, Amnesty International has been 1 of the major advocates of
putting an end to capital punishment, and has consistently appealed to
countries including India to do away with the 'medieval practice'.
India, notably, has seen only 3 state executions in the past seventeen years,
with Ajmal Kasab being the last person to be hanged for the 26/11 Mumbai terror
attacks.
(source: Daily Bhaskar)
PHILIPPINES:
Gun ban, death penalty opposed
The opposition against the proposed imposition of total gun ban and the revival
of death penalty to address the increasing incidence of heinous crimes has
snowballed in the House of Representatives.
House Deputy Majority Leader and Marikina City Rep. Miro Quimbo rejected the
twin proposals, saying that they would only "complicate" the problem.
"I don't support either. These proposals are but an overreaction that will
complicate yet not solve the problem. The death penalty has been proven as
ineffective in curbing crimes. What we need is enforcement.
Once and for all, we need the police to show political will," he said.
The proposals were made following the last Friday's shooting rampage in Kawit,
Cavite that left 8 people dead and the indiscriminate ?ring during the
celebration of the New Year's Eve that killed 2 children.
Quezon City Rep. Winnie Castelo asked the Aquino government to imitate the
Japan's efficient and effective implementation of strict gun control laws.
"The re-imposition of death penalty is not the solution. Death penalty,
according to empirical studies, is not correlated to crime prevention. The
total gun ban is not the solution. What we need is Japan-like gun control laws,
strict but efficient and effective," he said.
AGHAM party-list Rep. Angelo Palmones, who ?led House Bill 4084 reviving the
death penalty, said "total gun ban won't work in a society with weak law
enforcement."
He lamented that his bill, along with HB 3993 ?led by the late Bohol Rep. Erico
Aumentado would not be passed this 15th Congress after the House committee on
justice, headed by Iloilo Rep. Niel Tupas Jr. failed to conduct hearing on
these bills.
Zambales Rep. Jun Omar Ebdane agreed with Palmones, saying that "even if we do
re-impose the death penalty and gun ban, it will not matter for as long that
there are inadequacies among officials enforcing these."
House Assistant Majority Leader and Citizens Battle Against Corruption
party-list Rep. Sherwin Tugna, who earlier opposed death penalty, said he would
support total gun ban, but with conditions.
"I would support the move for a total gun ban, provided the government can
saturate and con?scate each and every gun in every household that are in the
hands of all individuals, except those belong to the law enforcement agencies,"
he said.
But, Bayan Muna party-list Rep. Neri Colmenares nodded to total gun ban policy.
(source: Tempo)
TAIWAN:
Prosecution demands death penalty for throat-cutting killer
The Tainan District Prosecutors Office indicted a murder suspect Wednesday and
recommended capital punishment for the man, accused of cutting the throat of a
10-year-old boy in a crime that sparked public outrage.
According to the indictment, the 29-year-old suspect, identified as Tseng
Wen-chin, lived alone in Tainan, southern Taiwan, and had been unemployed for a
long time.
Tseng confessed that he began planning the killing after hearing someone say
that killing 1 or 2 people in Taiwan would not be punished with the death
penalty, the indictment said.
Tseng, who had the intention of going to prison for life so that he wouldn't
have to find a job, looked for his victims at a games arcade in the city. On
Dec. 1, he picked the boy at random and lured him to the store's bathroom,
where he slit the child's throat, the prosecution said.
The suspect was arrested later that same day.
The district prosecutors office said Taiwan operates a judicial system that
upholds capital punishment. Prosecutors described Tseng as a cruel and
cold-blooded killer who murdered his young victim without any hesitation.
The suspect committed "a most serious crime" as stated in the International
Covenant on Civil and Political Rights, to which Taiwan is a signatory, so "it
is necessary to demand the death penalty to permanently separate the man from
society," the prosecution said.
The international pact stipulates that in countries that have not abolished the
death penalty, sentence of death may be imposed only for the most serious
crimes.
(source: Focus Taiwan)
AFGHANISTAN:
Afghan Prisoner Accused Of Killing Wife During Conjugal Visit
An Afghan prisoner serving 20 years for murdering his in-laws is now suspected
of strangling his young bride during a conjugal visit.
Din Mohammad, who is serving his sentence at a prison in the northern Samangan
Province, is accused by police of killing his wife when she visited him on
January 1. Mohammad was convicted in 2009 of killing his mother-in-law,
brother-in-law, and sister-in-law during a bloody rampage.
Mohammad has yet to be charged for the latest crime.
Samangan police chief Akram Bikzad said Mohammad???s 18-year-old wife, whose
name has not been revealed, visited him in jail in the provincial capital,
Aybak. She was found dead in a private room used by inmates to visit close
family members.
According to Bikzad, preliminary reports indicate that Mohammad strangled and
then hanged his wife, with whom he had a young son. Bikzad indicated that the
killing occurred just days after Mohammad had been told his spouse was involved
in an adulterous relationship.
"His wife used to visit him every 5 days or so," he said. "Recently,
[Mohammad???s] mother told him that his wife was having an illicit affair. So,
during her visit to the prison -- family are allowed to visit for about 1 hour
at a time -- Mohammad took the opportunity to strangle her."
Mohammad's mother, whose name has not been released, was detained late on
January 1 as she attempted to leave the city, according to the police chief,
and is being held for questioning.
Facing Execution
Bikzad described Mohammad's 20-year sentence for killing 3 of his wife's family
members as "lenient" and predicted he would receive a death sentence if found
guilty of strangling his wife.
Najia Aimak, a women's rights activist and member of parliament from the
northern Baghlan Province, has condemned the killing and called for Mohammad to
face execution.
"When this person murdered three people three years ago authorities didn't
deliver a just conviction," she said. "[This punishment] allowed him to kill
again. We hope judicial officials take on this case and bring the perpetrator
to justice."
Capital punishment is legal in Afghanistan and applied for a variety of crimes,
including murder, terrorism, adultery, drug trafficking, and treason.
A death sentence for murder, however, is uncommon. Most offenders receive jail
sentences. But with no standard punishment for murder, sentences can vary with
each case.
Honor Killings
The case comes amid an increase in so-called honor killings, the murder of
women for allegedly dishonoring the family in some way, such as committing
adultery.
The Afghanistan Independent Human Rights Commission recorded 4,010 cases of
violence against women in the seven months between March and October this year
-- nearly twice as many as in the previous 12 months.
The commission lists beatings and mutilation as the most common forms of
violence, while noting the spike in honor killings.
In December, the United Nations noted some progress in protecting women and
girls from violence, but warned that Afghanistan "still has a long way to go."
In its report issued on December 11, the UN's mission in Afghanistan said
positive steps had been taken toward applying 2009 legislation that
criminalizes violence against women. But it said the laws are still only
periodically enforced, with only a small percentage of reported incidents duly
processed and resulting in convictions.
According to Aimak, Afghan women who have suffered from violence rarely receive
justice.
Even if their cases go to trial, she said, most result in the acquittal of the
perpetrators, the dropping of charges to less serious crimes, convictions with
shorter sentences, or the female victims themselves being accused of "moral
crimes" for making private matters public.
(source: Radio Free Europe/Radio Liberty)
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