Sept. 9
NIGERIA:
FG Worries Over Insecurity
President Goodluck Jonathan has decried the level of insecurity in the country
describing it as a major source of worry for his administration and Nigeria's
allies.
He expressed concern over easy access to firearms lamenting that "even people
with sinister motives are also now being trained on how to use arms."
The President spoke yesterday at the opening ceremony of the Second Plenary
Session of the All Nigeria Catholic Bishops' Conference held in Otukpo, Benue
State.
Represented by the Senate President, David Mark, the President condemned what
he termed the "recent utterances by highly placed Nigerians which if not
checked could aggravate the security challenges facing the country."
He reiterated the determination of his administration to frontally tackle the
developmental challenges facing the country urging Nigerians to rally round his
government in its quest to better the lot of all Nigerians.
In his speech, Governor Gabriel Suswam of Benue State called on Catholic
Bishops in the country to condemn same sex marriage as well as child marriage
in the country.
Earlier, the President of Catholic Bishops of Nigeria, Most Rev Ignatius
Kaigama condemned the use of death penalty in Nigeria's legal system.
"Death penalty would be unnecessary if the root causes such as poverty and
corruption were eliminated. We reject death penalty as a panacea to crime. What
needs death penalty in Nigeria is poverty and corruption...not human beings."
"Our leaders should devote resources to improve the quality of life of the poor
masses which would in effect check or eliminate social vices in the country."
(source: The Vanguard)
IRAN:
Sherko Maarefi is in uncertainty and danger of imminent execution
Sherko Maarefi the Kurdish political prisoner in Saqqez prison who has been
sentenced to death is still in uncertainty and in danger of imminent execution.
According to the report of Human Rights Activists News Agency (HRANA), Sherko
Maarefi the Kurdish political prisoner who has been sentenced to death by
Saqqez revolutionary court is in uncertainty.
Sherko Maarefi , 30, is from Baneh accused to collaboration with one of the
Kurdish parties and was arrested on October 31, 2008; Then he has been
sentenced to death by branch 1 of Saqqez revolutionary court on charge of
enmity against God.
The dossier of Sherko was sent to branch 4 of provincial appealed but the
verdict was confirmed again. In October of 2009 the supreme court confirmed the
death verdict and since that time Sherko is in danger of imminent execution.
His dossier has been sent to the provincial forgiveness commission but till now
there is no the commission has denied to give any answer to Sherko's family.
Sherko Maarefi started a hunger strike in March in protest to his uncertain
situation and informed both judge and prison authorities about his intention in
a letter.
One of his relatives told HRANA reporter "His physical condition is OK and we
visit him every week."
"There is no news about his death verdict cancellation and Sherko is in danger
of imminent execution. Also whenever we try to follow up the process through
Saqqez court they express their lack of information."
(source: Human Rights Activists News Agency)
INDIA:
Delhi HC commutes death penalty of 29-yr-old to life, says scope for his reform
The Delhi High Court commuted the death penalty of a man, who murdered 3
members of his family, to life imprisonment, saying there was a great
possibility of his rehabilitation and reform.
The death penalty was given by the trial court for murder of his foster parents
and pregnant wife who opposed his extra-marital relations.
A bench comprising Justices Reva Khetrapal and Sunita Gupta after considering
the age of 29-year old Nitin Verma, commuted the death sentence to life
imprisonment and held that there was a great possibility of his rehabilitation.
The court dismissed the State's plea which opposed reducing of his death
penalty to life imprisonment, saying the murder was of grave nature and there
was still scope to reform the youth.
The bench held that though the murder committed by the convict was of gruesome
nature and was done in a diabolic manner but it cannot lose sight of the fact
that this was not a murder to satisfy any greed.
The Court observed that the accused had no past antecedents. He has neither any
past record of criminal behaviour nor was he a hardcore criminal or an
anti-social element, the court said.
There was a great possibility for his rehabilitation and reformation, the bench
said.
The prosecution side said Verma had stabbed his handicapped father, mother and
6-month pregnant wife to death in April 2008. He was adopted by his foster
parents when he was a few days old.
The trial court had awarded death penalty to Verma saying that murder was of
gruesome nature.
Three murders were committed by stabbing in a pre-planned manner, one after the
other. He had first killed his father on ground floor of the house and then
rushed to the 1st floor and killed his wife and mother.
The trial court also said Verma, who was working with a courier company, was a
menace to the society.
(source: indlawnews.com)
*****************
Verdict in Nirbhaya gang rape case tomorrow
9 months after a 23-year-old paramedic student, Nirbhaya, was brutally
gang-raped by 6 people - including a juvenile - in a moving bus, a fast track
court is set to pronounce its verdict against 4 of them on Tuesday.
The case, which was put on a fast-track hearing, took seven months to conclude
the trial and saw 130 effective hearings.
While the accused Ram Singh committed suicide in jail during the pendency of
the trial and the proceedings against him have since been abated, the juvenile
accused was recently sent to a reformatory home for 3 years by a Juvenile
Justice Board after he was found to be "involved in the gang rape and murder"
of Nirbhaya.
The court will now decide the fate of the remaining 4 accused - Mukesh Singh,
Vinay Sharma, Akshay Thakur and Pawan Gupta.
As Nirbhaya succumbed to her injuries at a hospital in Singapore a fortnight
after the incident, a charge of murder was also added against the accused. If
convicted, the accused face a maximum punishment of death penalty.
In the 7 months of trial, prosecution presented 85 prosecution witnesses to
prove the charges of murder, attempt to murder, gang rape, unnatural offences,
dacoity, destruction of evidence, conspiracy, among others, against the 4
accused. To counter the allegations of the prosecution, the accused brought in
17 defence witnesses in their favour.
According to the police, the 6 accused had allegedly gang-raped the girl in the
moving bus after alluring her and her 28-year-old male friend. They both were
also assaulted with an iron rod. The victim's friend, a software engineer, got
a fracture during the scuffle.
During the trial, the prosecution had claimed that the accused were on the road
in pursuance of a plan and targeted the victims, including the girl, in their
"quest for sexual satisfaction and loot". Terming the case different from other
criminal cases, the prosecution had said that the grievous injuries inflicted
on the victim themselves explain the "brutality" and extreme torture.
Besides the dying declaration of the victim and the statement of the victim's
male friend - the sole eye witness in the case - the police has produced
evidence supported by the forensic reports to suggest that Nirbhaya was
gang-raped in the same bus on the night of December 16, of which the CCTV
footage was recovered. The police also claimed that the DNA linked the identity
of each accused and also the identity of each object which was a part of the
case.
The accused, however, claimed innocence and alleged that the police tutored the
victim's male friend and falsely implicated the accused.
*******************************
National outrage triggered overdue reforms in rape laws
Not only did the Nirbhaya gang-rape case trigger public outrage, it also
ignited a national debate over the reforms that were needed to tackle the
increasing number of rape cases in the capital. More so, to make the capital
safer for its women.
Ironically, the long-awaited reforms came into being only after the brutal gang
rape of the 23-year-old girl by 6 men in a moving bus on December 16 last year
shook the conscience of the society. Following the incident, the public
discourse on law reform led to the passage of the Criminal Law (Amendment) Act
2013 in April - a milestone for the anti-rape laws in the country.
For starters, the Indian Penal Code (IPC) was amended to provide death penalty
in rape cases that cause death of the victim or leave her in a vegetative
state. The Act also introduced several other new offences such as causing
grievous hurt through acid attacks, sexual harassment, use of criminal force on
a woman with intent to disrobe, voyeurism and stalking. Besides making the law
more stringent against the accused, the Act also makes it a criminal offence if
a public servant fails to obey directions under law or a public/private
hospital refuses to treat a rape survivor.
While the penal provisions were rightfully amended, the judiciary also took a
step forward to ensure speedy trial for women who have been a victim to any
kind of sexual offence. Within a month of the incident, six fast-track courts
were set up in the capital to exclusively deal with the cases of sexual offence
against women. There have also been some reforms in the manner in which
investigation in the cases of sexual offences against women is to be conducted.
The case also questioned the way of policing in the capital and it led to
certain changes in the working of the Delhi Police. The issue of jurisdiction
came to the fore after reports stated that a lot of time was wasted by the
police arguing over jurisdiction in this case. It was after that the then
police commissioner had ordered that Zero First Information Reports (FIR) may
be registered on the basis of a woman's statement at any police station
irrespective of jurisdiction.
After the Nirbhaya gang rape, the IPC was amended to provide death penalty in
rape cases that cause death of the victim or leave her in a vegetative state.
(source for both: The Times of India)
*************************
'Won't depend on Bhatkal's statement'
Even though captured IM terrorist Yasin Bhatkal has claimed responsibility for
the German Bakery bombings, casting a doubt on the involvement of lone death
row convict Himayat Baig in the 2010 Pune blast, the latter seems confident
enough of getting a clean chit even without Bhatkal's statement.
We have already filed our application for a reinvestigation and retrial in the
case, said Baig's lawyer Mehmeood Pracha.
Pracha explained that although Bhatkal's statement vindicates their stand, they
are not depending on it for their case. "We have enough evidence to prove
Baig's innocence. Bhatkal's statement is just a bonus," he said.
When his appeal against the conviction comes up for hearing on September 23,
Baig will argue for a reinvestigation and retrial, especially since the Delhi
police special cell, in their charge sheet, mentioned that slain convict
Quateel Siddiqui was with Yasin and not Baig.
Besides, said Pracha, the NIA is still investigating the case and we have
enough evidence from the trial court to implicate the Maharashtra ATS for
allegedly framing Baig.
Baig had earlier expressed his grievance over not being properly defended in
the lower court and sought for suspension of the hearing into his appeal
against the death penalty until NIA completes its probe.
Pracha contended that while the ATS probed the case initially, the NIA later
took over the case along with several other blast cases, and in 4 cases the NIA
has negated the findings of the ATS.
On February 13, 2010 a bomb exploded inside the bakery killing 17 persons
including 5 foreigners and injuring 58 others.
(source: Hindustan Times)
BANGLADESH:
Writ filed for formulating formalin control act
A writ petition was filed with the High Court on Sunday seeking its directive
on the government to formulate a law incorporating a provision of death penalty
for using formalin and other poisonous chemical in food items.
Advocate Eunus Ali Akond, who submitted the petition, also urged the High Court
to direct the government to table a bill named "Formalin Control Act" in the
next session of the parliament for its formation. The next session of the
parliament is due to begin on September 12.
The petition also urged for controlling the use of chemicals to other
substances like clothes.
Akond filed the petition as a public interest litigation following several news
items published in different dailies including The Daily Star.
In the petition, Akond drew the attention of the HC to a report of The Daily
Star published on September 5 titled "Pass formalin control law in next
parliament session".
The petitioner also urged the court to order the government to take effective
measure against those who use poisonous and life threatening chemicals in
fruits, sweets, meat, fish, vegetables and other products which cause liver and
kidney diseases.
In the petition, he said dishonest traders and businessmen use formalin,
carbide, burnt mobil, sulfur dioxide and poisonous colour in the food items and
other products, but they are not punished for the lack of a specific law.
After submitting the petition, Akond told The Daily Star that the High Court
may hold the hearing on the petition Monday.
Different civil society and rights organisations have been demanding for
formulating a specific law with a provision of highest punishment like death
penalty against the persons responsible for using poisonous chemicals like
formalin in food and other items used by human beings.
The commerce ministry recently drafted the Formalin Control Act 2013 to check
the trade and use of the toxic substance widely used to preserve foodstuff.
According to the draft, offenders found guilty of repeatedly using formalin
could end up receiving heavier sentences of up to 15 years imprisonment.
(source: The Daily Star)
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