Nov. 18
NIGERIA:
Ekiti Assembly to Pass Law Prescribing Death Penalty for Kidnappers
Members of the Ekiti State House of Assembly have moved to pass a bill to make
kidnappers die by hanging in the state.
Expressing serious views over the twin menace of kidnapping and terrorism in
the country, the assembly also moves to stipulate penalty for those who pay
ransom to these evil doers.
To this end, 2 of the 3 laws that were deliberated upon at the assembly's
plenary yesterday dwelt on curbing of crimes that has to do with kidnapping
that has become a source of revenues for some criminals.
They were Office of the Public Defender Bill (2015) and Ekiti State Kidnap and
Terrorism (Prohibition) Bill (2015.
Both successfully passed 2nd reading and were passed to the appropriate
committees to scrutinise for final passage.
The plenary, presided over by the Speaker, Hon. Kola Oluwawole, witnessed a
robust debate by members on the matters.
Presenting the bills from the order paper, Deputy Leader of Business, Hon.
Adeniran Alagbada, lamented the trauma victims of kidnap and their family
members are often subjected to.
Also speaking on the Public Defender Bill, the Chairman, House Committee on
information, Hon. Olugboyega Aribisogan, noted that the bill would afford the
poor who lack financial capability to pursue their cases the opportunity to
access justice.
In the same vein, the Chairman, House Committee on Health, Dr. Babajide
Omotoso; Hon. Akinleye Ekundayo, Hon. Titilayo
Owolabi-Akerele, Hon. Wale Ayeni and Ayodele Fajemilehin, who also contributed
to the motions on the floor, described the bills as those that would have
direct positive bearing on the lives of the people of the state.
Another law, Ekiti State College of Technical and Commercial Agriculture Repeal
Bill (2015), had earlier passed through 1st reading.
Ex-Governor Kayode Fayemi had earlier signed the bill into law to enhance the
establishment of a School of Agriculture in his Isan Ekiti country home, which
the assembly thought would have to be abrogated due to poor financial status of
the state.
(source: thisdaylive.com)
INDIA:
HC upholds death penalty for 2010 rape, murder of 6-yr-old
The Bombay High Court has confirmed the death sentence given to a 24-year-old
youth for raping, sodomising and then brutally murdering a 6-year-old girl in
Bhayander in 2010. Observing that society today, especially after the Nirbhaya
case, seeks tough punishment to those who sexually assault women, a division
bench of acting chief justice Vijaya Kapse-Tahilramani and Justice Ajay Gadkari
held that Prakash Nishad, originally a resident of Uttar Pradesh, should hang
till death for his crime.
"The sentiment of the society is glaringly explicit, that such heinous crime on
helpless women are required to be dealt with an iron hand," said the judges,
adding, "The pain and agony the accused must have caused to the deceased minor
girl is beyond imagination and is the limit of viciousness. The motivation of
the accused, the vulnerability of the victim girl, the barbaric and inhuman
nature of the crime and the execution thereof persuade us to hold that this is
a 'rarest of rare' case where the sentence of death is eminently desirable not
only to deter others from committing such atrocious crimes and to prevent the
accused from committing such acts for all times to come but also to give
emphatic expression to society's abhorrence of such crime."
The case dates back to June 11, 2010, when the girl, who lived with her family
in Bhayander, went missing when she stepped out to play after dinner. The next
day her naked body was found in the gutter. The medical report revealed she had
been raped and strangled to death. The police investigation led to Nishad's
house, where the team found blood-stained tiles in the room. Nishad was
questioned and led the police to his blood-stained clothes as well as the
victim's undergarments that he had hid in the house. Tests established that the
blood group on the clothes matched that of the girl. A sessions court in
November 2014 convicted Nishad for committing rape, unnatural sex and murder
and sentenced him to death. Nishad, in his appeal before the HC, claimed he had
been falsely implicated. The HC disbelieved his claims and discussed in detail
if the death penalty should be confirmed in the case. The judges referred to
the changes in the rape laws as well as the new Protection of Children from
Sexual Offences Act and said that "keeping in mind the rising graph of sexual
offences and especially of sexual offences against children and public outcry
in relation to the same, the sentencing policy now needs to be shaped".
(source: The Times of India)
PAKISTAN:
SC issues arrest warrants for PML-N MNA
The Supreme Court issued on Wednesday arrest warrants for Pakistan Muslim
League-Nawaz (PML-N) MNA Chaudhry Abid Raza for involvement in the murder of 6
people in Gujrat.
The PML-N MNA who had won NA-107 Gujrat 4 election during the May 2013 general
elections was awarded death penalty by an anti-terrorism court (ATC) in 2003.
However, Raza was acquitted after the families of the deceased forgave him on
the basis of compromise.
Official results: PML-N secures 7 seats in NA
A 3-judge bench of the apex court headed by Chief Justice Anwar Zaheer Jamali,
while hearing the case related to Raza's disqualification, took notice over his
acquittal in terrorism charges. The bench stated that a compromise for a case
under Anti-Terrorism Act 1997 (ATA) is not allowed.
Arrest warrants were issued for Raza despite arguments put forward by his
advocate, Ali Zafar.
The hearing of the case has been adjourned for 2 weeks.
Chaudhry Abid Raza was convicted in the murder case of 6 people during an
assassination bid on former Gujrat Tehsil Nazim and ex-MPA Ghulam Sarwar Bhooch
back in 1998.
(source: The Express Tribune)
BANGLADESH:
Bangladeshi Supreme Court Rejects Appeals Of 2 Senior Leaders Convicted Of War
Crimes, Upholds Death Sentence
Bangladesh's Supreme Court Wednesday rejected appeals of 2 senior opposition
leaders convicted of war crimes during the country's 1971 war of independence
against Pakistan. The court also upheld the death sentences given to the 2
leaders.
Salahuddin Quader Chowdhury of the Bangladesh Nationalist Party (BNP) and Ali
Ahsan Mohammad Mujahid of Jamaat-e-Islami were convicted in 2013 by a war
crimes tribunal on charges related to rape, torture and genocide.
"There are no legal hurdles to execute the war criminals now," Attorney General
Mahbubey Alam said, according to Indo-Asian News Service agency.
Authorities stepped up security in capital Dhaka and other parts of the country
after the apex court's announcement, according to local media. Jamaat-e-Islami
called a shutdown Thursday to protest the court's decision, according to the
Associated Press. The Bangladesh Telecommunication Regulatory Authority said in
a statement that it blocked social media sites including Facebook, Viber and
WhatsApp indefinitely to cease any propaganda that might lead to violence in
the country, the AP reported.
Chowdhury and Mujahid can seek presidential mercy. "It is up to them whether
they want to seek mercy or not," defense counsel Khandaker Mahbub Hossain said,
according to Reuters.
In October 2013, the country's International Crimes Tribunal sentenced the
66-year-old BNP leader to death for 9 of 23 charges, including 4 counts of
genocide. Chowdhury was found guilty of killing 200 civilians, mostly Hindus,
in Chittagong. At the time, his party maintained that the trial was politically
motivated. It is estimated that nearly 3 million people were killed in the
9-month Bangladesh Liberation War that ended in December 1971. Over 15 people,
mostly Jamaat-e-Islami leaders, were convicted of war crimes by 2 separate
tribunals set up by Prime Minister Sheikh Hasina in 2010.
(source: ibtimes.com)
*******************************
Bangladesh suspends net services after verdict on war criminals
The death penalty for 2 opposition leaders was upheld by the Supreme Court for
war crimes committed during 1971 independence war against Pakistan.
Bangladesh on Wednesday shut down Facebook and messaging and voicecall services
Viber and WhatsApp fearing violence by supporters of 2 opposition leaders whose
death penalty was upheld by the Supreme Court for war crimes committed during
1971 independence war against Pakistan.
The 4-member bench led by Chief Justice Surendra Kumar Sinha rejected the final
review petitions of Jamaat-e-Islami Secretary General Ali Ahsan Mohammad
Mujahid and Bangladesh Nationalist Party (BNP) leader Salahuddin Quader
Chowdhury.
Immediately after the verdict, authorities shut down Facebook, Viber and
WhatsApp aimed at preventing Jamaat supporters mobilising to protest against
the ruling.
"We have taken steps to suspend the apps based internet services following the
request from law enforcement agencies for security reasons," a Bangladesh
Telecommunications Regulatory Commission spokesman said.
He said the apps based services will remain suspended for an indefinite period
until further orders from the government. Internet services were also suspended
for over an hour.
Both Mujahid and Chowdhury are in their late 60s and were senior ministers in
ex-prime minister Khaleda Zia's BNP-led coalition government with Jamaat being
its key partner.
Wednesday's verdict had cleared the way for their execution and they were now
left with the last option of seeking presidential clemency.
Bangladesh had overnight stepped up nationwide security amid fears of clashes
after the verdict.
(source: Khaleej Times)
***********
Bangladesh top court upholds death sentence to 2 1971 war crime convicts
Bangladesh's Supreme court on Wednesday upheld its previous verdict on the
death sentence of 2 war-crime convicts Ali Ahsan Mohammad Mujahid and Salauddin
Quader Chowdhury.
The court rejected the pleas of Mujahid, secretary general of Bangladesh
Jamaat-e-Islami party, and Chowdhury, leader of Bangladesh Nationalist Party
(BNP), to review death sentences for crimes against humanity during the
country's war of independence in 1971, bdnews24.com reported.
A bench of Chief Justice S.K. Sinha heard Mujahid's plea on Tuesday and
Chowdhury's on Wednesday.
"There are no legal hurdles to execute the war criminals now," Attorney General
Mahbubey Alam said after the verdict.
A special tribunal sentenced Mujahid to death on 17 July, 2013, for the murder
of intellectuals and his involvement in the killing and torture of Hindus in
1971.
The former social welfare minister had appealed to the apex court, seeking the
revocation of his death penalty but the bench upheld the tribunal verdict on
June 16.
Chowdhury was sentenced to death by a War Crimes Tribunal on October 1, 2013,
for the mass killing and torture of Hindus and Awami League supporters.
The bench had upheld Chowdhury's death penalty on July 29 after hearing his
appeal against the tribunal decision.
Mujahid and Chowdhury are now left with the last option of seeking presidential
clemency.
(source: firstpost.com)
**************
Prafulla: We want immediate execution
Prafulla Ranjan Sinha, son of Nutan Chandra Sinha, has expressed his
satisfaction as the Supreme Court has upheld its previous verdict on BNP leader
Salauddin Quader Chowdhury, rejecting his plea for reviewing death penalty for
crimes against humanity during the Liberation War in 1971.
In an instant reaction over the verdict, Prafulla Ranjan Sinha told the Dhaka
Tribune on Wednesday over phone that they were happy at the verdict.
"We are happy as the verdict was a long awaited one. However, we want immediate
implementation of the verdict," said Prafulla who testified before the 1st war
crimes tribunal against Salauddin Quader Chowdhury on June 20, 2012.
"We have been waiting agonisingly for 4 long decades for the trial. At long
last the justice has been delivered," added Prafulla.
It may be mentioned that Nutan Chandra Sinha, a social worker, entrepreneur and
philanthropist was born on December1, 1900. Nutan was a popular figure who he
had played a great role in fostering education and social works in his locality
by establishing a number of educational institutions, a post office and an
herbal medicine factory-Sree Kundeshwari Aushadhalaya Ltd.
Acknowledging the philanthropic activities, Bangladesh government had published
a stamp on Nutan Chandra Sinha on December 14, 1993. During the Liberation War
in 1971, many people including teachers of Chittagong University and their
families took refuge at the educational institutes founded by him.
The septuagenarian philanthropist was killed by Pakistani Army and their
collaborators. On April 13, 1971, a group of army men led by Salauddin Quader
Chowdhury stormed into the house of Nutan. The soldiers then sprayed bullets on
him.
However, it was Salauddin who again shot him 2 to 3 times to ensure his death.
Satya Ranjan Sinha, son of Nutan Chandra Sinha filed a case against Salauddin,
his father Fazlul Quader Chowdhury and some others with Raozan police station
in January 1972. However, the case did not proceed. Sharing his pain before the
Tribunal, Prafulla then said: "I am such a hapless son that I could not even
light the funeral pyre of my father."
(source: dhakatribune.com)
******************
Oishee and our penal culture
"The murderer has killed. It is wrong to kill. Let us kill the murderer" -
Arthur Koestler, Drinkers of Infinity (1969).
Oishee Rahman has been found guilty of 'parricide'. The court is satisfied to
hand out a death sentence to Oishee. Media reports suggest that the trial judge
found the O'level student's offence as 'premeditated' and 'cool-headed'. The
trial also came to the conclusion that Oishee had committed the crime with her
'full senses' and she was not in a 'drunken state of mind'. The defense
lawyer's plea of Oishee's being a minor and under the influence of toxic
elements also did not attain ground. We assume that the verdict will be
appealed against and the findings of and the punishment inflicted by the trial
court will be tested in the higher judiciary. However, the case being unusual
and unique in nature involves extra-legal factors and as such attracts huge
public attention from the beginning. We raise a few issues, considering the
case's extra-judicial nature, in this short write-up.
The penal statutes by their very nature are rigid. Such rigidity is widely
recognised in different jurisdictions. The judges hardly enjoy any freedom in
interpreting such statutes. As such, when the commission of an offence is
established, they have no other alternative but to strictly apply the
provisions of the penal law. In spite of this, judges enjoy a good deal of
discretionary power while sentencing given the nature, magnitude and impact of
the crime committed. For example, the judge may provide a death sentence or
life imprisonment, if somebody is found guilty of homicide. From that
perspective, Oishee was considered by the trial court to be a fit case for
death penalty as it seriously shocked and shook the conscience of the society.
However, the social networks and media narratives suggest that many people see
the issue with a flexible and reformist approach.
Oishee's case is not merely legal. It's a psycho-socio-legal matter. The case
has brought to light our preparedness to establish a relationship between law
and psychology. The discipline suggests a serious study about law's response to
appreciate the psychological factors of the offender. Moreover, the discipline
also invites attention to the factors that influence the characters of the
court (ie. judges, lawyers) in reaching a conclusion. The discipline also
permeates the study of the psychology of law in defining a crime and
prescribing a particular punishment. We may need to revisit our penal law to
see the possible influence of this approach in our penal culture.
Bangladeshi society is bombarded with the news of such crimes on a regular
basis. As a result, the public mind favours rigorous punishments including
death sentence for the wrongdoers. This social construction also comes from the
frustration with the widely practiced culture of impunity that allows criminals
to go scot-free. But even then, we cannot remain indifferent to the modern
developments of law taking place globally and its cross-disciplinary
implications.
The Oishee case also unfolds the necessity of revisiting the aim of our
punitive culture. The reformation theory, that the law students are taught, has
to have a meaning to our legal understanding. The judiciary should come forward
in fashioning new penal jurisprudence against the old state of the colonial
penal system. The Oishee case should not be confused with the crimes committed
by repetitive wrongdoers. As such, there is scope to apply a reformative
approach to the case. For, it is not clear what 'retributive' purpose the death
sentence in this case is going to serve. The paradox and pathology of the death
sentence is that nobody has better interest in Oishee's parents' lives than
herself.
The defense's effort to save Oishee's death penalty largely revolved around
proving her to be a 'minor' (below the age of 18). It may be that had they been
able to prove that she was a minor, they at least would have been able to
invoke the protection of a law that bars death sentence to children. It reminds
us about the absence of strong legal arguments in attracting the court's
attention to the suitability of death penalty in such psycho-socio-legal cases.
It also lacks effort to bring the state machinery under accountability to
provide reformist prison system. The legal fraternity should contribute in
creating such an opportunity. At least it needs to establish a base for social
dialogue. It, however, needs to be noted that the process of age determination
in Bangladesh is seriously flawed and largely administrative in nature. We hope
that all relevant considerations along with this aspect of the case will be
debated in the apex court.
The Oishee case is a question, not an answer. It's a wake-up call for the
society constantly changing. Apart from that the case also got its meaning from
our penal system, law and legal culture. It has posed a challenge for the
judiciary to fashion a reasoned, balanced and reformist penal jurisprudence.
Here, we recall Gabriel Mistral's oft-quoted saying: "We are guilty of many
errors and many faults, but our worst crime is abandoning the children,
neglecting the foundation of life. Many of the things we need can wait, the
child cannot, right now is his time- his bones are being formed, his blood is
being made and his senses are being developed. To him, we cannot answer
'tomorrow'. His name is 'Today'."
(source: S M Masum Billah and Saeed Ahsan Khalid -- The writers are studying
PhD at the VUW, New Zealand and teach law at the University of Chittagong,
Bangladesh respectively; The Star)
**************
5 to die for killing minor boy in Jamalpur
A court here yesterday sentenced 5 people to death for killing a minor boy
after abduction in Sadar upazila in 2001.
The death penalty awardees are Tofayel Islam Hira, 35 his father Lokman Ali,
57, of Dariahamidpur village; Anwar Hossain, 37, his father Aynul Haq, 60, and
Sohel Rana alias Shipon, 36, of Nandina Kharkharia village in the upazila.
According to the prosecution, there was a family feud between Lokman and his
brother Lutfur Rahman. As a sequel to that, Lokman's son Hira with the help of
Sohel and Anwar picked up Muttasim Billah, 7, son of Lutfur Rahman, an
expatriate in USA, from in front of his house at Amlapara in the district town
on May 31, 2001.
Later, they took Muttasim to Aynul's house at Nandina Kharkharia village and
strangled him.
Following a general diary (GD) filed by Muttasim's family with Sadar Police
Station, police arrested Shipon. On the basis of his confessional statement,
law enforcers recovered Muttasim's body from a room of Aynul's house 80 days
after the murder.
Muttasim's maternal uncle filed a case, accusing with Jamalpur Police Station,
accusing Hira, Lokman, Anwar, Aynul, Sohel, and Faruk. After investigation,
police pressed charges against the 6.
After examining the records and witnesses, Additional District and Sessions
Judge Mohammed Waheduzzaman Shikdar handed down the verdict, acquitting Faruk
as allegation brought against him could not be proved.
(source: The Daily Star)
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