November 24
EGYPT:
Egypt Sentences 17 Islamic Militants to Death for Coptic Christian Church
Killings
17 Islamic militants were sentenced to death on Thursday for their role in
multiple church bombings in Egypt that killed scores of Coptic Christians.
It was reported that another 19 defendants were issued life sentences by a
military court, while 9 others were given 15 years in prison for terror-related
charges.
Several were found guilty of being involved in a suicide bombing at St. Mark's
Cathedral in Cairo in December 2016, where 25 people died. Others were found
guilty of being involved in the twin suicide bombings in churches in Alexandria
and Tanta on Palm Sunday in April 2017, where 45 were killed.
Coptic Christians, who make up only 10 % of the population, have of continuous
Islamist attacks in Egypt, some which have been claimed by the Islamic State
terror group.
Human rights group Amnesty International posited that the verdict on Thursday
was rushed, and argued that the defendants need a fair hearing before a
civilian court.
"There can be no justification for the utterly reprehensible attacks which
targeted worshipers in Coptic Christian churches across Egypt in 2017. There is
no doubt that the perpetrators of these horrific attacks should be held
accountable for their crimes. But handing out a mass death sentence after an
unfair military trial is not justice and will not deter further sectarian
attacks," said Najia Bounaim, who heads the North African section of the human
rights group.
"Egypt has a shocking track record of unlawfully trying civilians in its
notorious military courts and sentencing scores to death after grossly unfair
mass trials, often based on 'confessions' extracted through torture. Those
accused of involvement in these heinous crimes must be retried in a civilian
court in proceedings that comply with international human rights law and fair
trial standards," Bounaim added.
Coptic Christians have in the past cried out for justice and demanded that the
Egyptian government does more to protect them from attacks.
Church leaders have opposed previous death sentences, however.
When former president Mohamed Morsi was sentenced to death in May 2015 for his
role in the killings of Christians at the hands of Muslim radicals, the Coptic
Catholic Bishop of Assiut spoke out against it.
Anba Kyrillos William said at the time the Church does not compromise on
defending life, and cannot back the death penalty.
"The Church respects the independence of the judiciary, but believes that life
is an inviolable right, and remains opposed to the death penalty. The fact is
that this type of sentence is still contemplated in the Egyptian legal order,"
William at the time.
Anba Angaelos, the General Bishop in the United Kingdom of the Coptic Orthodox
Church, said in a statement earlier this year when marking the anniversary of
the attacks that for the families of the victims, the anger and pain remains
deep.
"As the situation facing Christians and minority groups in the Middle East
increasingly spirals to new and dangerous levels of exclusion and
dehumanization, the need is intensified for both the unified Body of Christ
within the Christian family, and the global community as a whole, to stand in
solidarity with those suffering, condemn acts of brutality, and provide
whatever assistance may be needed, while at the same time, explore every
possible means of healing, rebuilding and restoring of communities and lives,"
Angaelos on his website.
"We continue to hold those suffering great struggles, indignity and the loss of
precious human life in our prayers, that grace, healing and strength be
bestowed upon them all at this time. We also pray for those committing these
atrocities, that they will one day realize the sanctity and dignity granted
equally by God to every human life," he added.
(source: essexcaller.com)
SOMALIA----execution
Ex-Jubbaland cop executed for Murder
A former member of the Jubbaland armed forces was today executed in Kismayo for
the killing of a prominent elder.
Abdirizak Omar Abdullahi's date with the hangman came after he was found guilty
of killing prominent peacemaker Abdirizicak Omar Abdullahi in Kismayo on 27th
October 2018.
Golo was one of the prominent elders and peacemakers in Jubbaland State and his
killing drew widespread anger.
It is not the 1st time a Jubbaland military court is sentencing to death
members of the armed forces for killings.
(source: kismaayo.com)
JAPAN:
Reduce the burden on lay judges
The proceedings of lay judge trials - in which randomly selected citizens join
professional judges to deliberate on criminal cases - are taking increasingly
longer to conclude. The average period from the opening of a lay judge trial to
the ruling, 3.7 days when the system was first introduced in 2009, has
stretched out to 10.5 days as of September this year. A trial at the Himeji
branch of the Kobe District Court, in which a man was convicted earlier this
month of murder and sentenced to life, took a record 207 days to conclude. As
trials run longer, more people chosen as candidates for lay judges are
declining to take up the duty. Steps need to be taken to speed up the trial
process in order to reduce the burden on lay judges.
Under the lay judge system, roughly 120,000 to 130,000 people randomly selected
from voter lists are annually chosen as candidates for lay judge trials, which
handle serious crimes such as murder. It was introduced for the purpose of
reflecting ordinary citizens’ ways of thinking in court rulings. However, the
ratio of people who decline to take up the duty after being selected as
candidates has picked up from 53 % in 2009 to 67 % at the end of September. The
ratio has increased as the average time spent on lay judge trials became
longer. There are concerns that more people are shying away from the duty in
light of the growing burden.
For the murder case at the Himeji branch court, more than 70 hearings were held
- a pace of roughly 4 sessions a week - before the ruling was handed down Nov.
8. It was a complicated case in which the accused pleaded not guilty to most of
the charges against him, while the bodies of 2 of the 3 victims were never
found. As many as 80 witnesses were called in to testify. When the schedule for
the trial proceedings was revealed, 420 of the 501 lay judge candidates called
on to show up at court declined to take up the duty, citing pressing work
obligations. After the trial opened in April, 3 of the 6 lay judges who sat
alongside the 3 professional judges to handle the case requested to be relieved
of their duty, which was accepted by the court.
The previous record for longest-running lay judge trial was the case that
wrapped up in November 2016 at the Nagoya District Court. That one took 160
days to hand down a life sentence to a man accused of killing 2 women in Gifu
and Fukui prefectures in 2009 and 2011. The November 2017 ruling by the Kyoto
District Court on a serial cyanide murder came 135 days after the trial opened.
For that trial, 431 of the 586 potential lay judges called by the court
declined. These cases have raised questions as to whether it's appropriate to
keep citizens tied up in a lay judge trial for extended periods.
Before lay judge trials were instituted in 2009, a system of pre-trial
proceedings was put in place in which the court, prosecutors and the defense
counsel of the accused hold talks to narrow down the points to be contested in
the trial. It was intended to speed up the trial process and avoid placing too
great a burden on the citizens serving as lay judges. In recent years, the
pre-trial proceedings have been growing longer - reportedly from an average of
2.8 months in 2009 to 8.3 months in 2017. The Legal Research and Training
Institute of the Supreme Court has compiled a report urging courts across the
country to expedite proceedings by focusing on issues that pertain to the guilt
or innocence of the accused and their sentencing in the case of the former.
Citizens serving as lay judges sacrifice their work or daily routine as they
carry out their civic duty - and face the heavy burden of deliberating on
serious criminal cases and making tough judgments in handing down verdicts,
possibly including the death penalty. It makes sense to take steps to reduce
their burden by expediting trial proceedings where possible. More people
shunning lay judge duty due to the heavy burden might result in distorting the
composition of the lay judge pool, which would run counter to the purpose of
the system - to reflect the diverse views of ordinary citizens in judiciary
decisions. Steps need to be taken to cope with these problems to sustain the
system.
(source: Editorial, The Japan Times)
INDIA:
SC spares man facing gallows
The Supreme Court has spared the gallows to a man who was convicted in the
sexual assault-cum-murder case, involving an 8-year-old girl in Pratapgarh,
Rajasthan, in July 2013.
In September 2016, the Rajasthan High Court ordered the execution of the
accused, Parhlad, who was convicted in the case of sexual assault and murder of
the victim. However, a bench, of the Supreme Court consisting Justice NV
Ramana, Justice Mohan M Shantanagoudar and Justice MR Shah was of the view that
"there was no evidence of sexual offense and hence the punishment can be
awarded in the murder case only."
In addition, the bench also examined the medical report of the deceased, which
did not indicate any attempt of sexual violence. "In our considered opinion,
this is not a fit case to impose the death penalty on him, inasmuch as the
appellant (accused) does not have any criminal background, nor is he a habitual
offender," the bench observed.
Justifying the decision taken by the Court, the bench remarked that "Death
penalty is awarded in the case of gruesome crime, coldÂ-blooded murder or
committed in a diabolical manner." "There is every probability that the accused
can be reformed and rehabilitated," the three judges added.
As per police reports, the girl was taken away by the maternal uncle (accused)
on the pretext of giving her chocolates from a shop in 2013. Later, when the
victim's family realized that their daughter was not at home, they started
searching for her. Next morning, the family found her body and later an FIR was
lodged against the man.
(source: business-standard.com)
**********************
"Her last words were 'burn them alive', she should get justice": Lawyer who
filed PIL to execute Nirbhaya's rapists
The SC had upheld the Delhi HC's verdict of the death penalty to Nirbhaya's
rapists in May 2017.
Advocate Alakh Alok Srivastava has filed a PIL in the Supreme Court seeking the
execution of the death penalty awarded to the convicts in Nirbhaya rape and
murder case. As per reports, the lawyer has appealed the apex court to issue
directions to the central government to execute the death penalty awarded to
all convicts within 2 weeks from the listing of the case.
The apex court has reportedly admitted the PIL. Confirming the report, advocate
Srivastava has stated that Nirbhaya's last words before she succumbed to her
injuries were, "Burn them alive". He has added even after 6 long years of
committing the barbaric act that resulted in the death of the innocent victim,
the perpetrators are still alive. He has pledged that Nirbhaya should get
justice before 16 December 2018. The incident had occurred on 16 December 2012.
It is notable here that the Supreme Court had, in July this year, rejected the
review petition for the death penalty of 3 of the 4 living convicts of the
Nirbhaya rape and murder case. The court has stated that they will hang. 6
people, namely Ram Singh, Pawan Gupta, Akshay Singh, Vinay Sharma, Mukesh, and
an alleged juvenile were convicted of the heinous rape and murder of Delhi
student Nirbhaya (not her real name) inside a moving bus in the national
capital.
Ram Singh had committed suicide inside the jail. The alleged juvenile was
released after a 3-year prison sentence. 1 of the 4 remaining convicts, Akshay
Singh had not filed a review petition.
Nirbhaya was brutally raped in the most barbaric manner and was left to die on
the road. She was later sent for treatment to Singapore but had succumbed to
her injuries. The case had generated widespread public outrage both nationally
and internationally and has made a huge impact in the psyche of the nation.
The case made a profound impact on the Indian legal system and led to the
Criminal Law (Amendment) Act, 2013, known as the Nirbhaya Act which ensured
harsher punishment for sexual violence against women. The Supreme Court had in
May 2017, upheld the death penalty awarded to the convicts by the Delhi HC.
(source: opindia.com)
*******************
Why gallows? Explain it to convicts: SC----'Cite reasons for rejection of
appeal'
Appeals against death penalty can be dismissed by the Supreme Court in limine
(at the very preliminary stage) only after assigning reasons for the decision,
the apex court has held.
"Special leave petitions filed in cases where death sentence is awarded by the
courts below, should not be dismissed without giving reasons, at least qua
death sentence," a 3-judge Bench of Justices A.K. Sikri, Ashok Bhushan and
Indira Banerjee observed in a recent judgment.
The Bench said the apex court should provide the convict reasons for affirming
his death sentence even if the apex court dismisses his appeal in limine, after
concluding that his conviction by the lower courts have been based on evidence
which is "impeccable, trustworthy, credible and proves the guilt of the accused
beyond a shadow of doubt."
"It should be by a reasoned order on the aspect of sentence, at least," the
Supreme Court observed.
The Bench's decision came in a review petition filed by Babasheb Maruti Kamble
who was condemned to the gallows for murder.
The trial court in Maharashtra awarded him death penalty in September 2013,
following which he had appealed in the Bombay High Court. The High Court
confirmed the death sentence in July 2014. Kamble finally moved the Supreme
Court. On January 6, 2015, the apex court dismissed his appeal in a 2-line
order which said "Delay condoned. Dismissed."
The Review Bench agreed with the point raised by Kamble's counsel and senior
advocate Shekhar Naphade that "where conviction is followed by death sentence,
and the special leave petition is filed against it, it should not be dismissed
in limine and in case the Supreme Court still finds it fit to do so, some
reasons need to be recorded."
Of life and death
The Bench said the case before the apex court is one of life and death. The
need for a reasoned order is all the greater. "When death sentence is rare,
this court has emphasised time and again that there has to be an independent
examination by this court also, 'unbound by the findings of the trial court and
the High Court.' Such an approach is the 'time-honoured practice of this
court'," the Bench observed.
(source: The Hindu)
**************************
see:
https://timesofindia.indiatimes.com/city/nagpur/akola-court-sends-3-to-gallows-for-gruesome-murders/articleshow/66777543.cms
(source: The Times of India)
MALAYSIA:
Trio charged with murder of man at oil palm plantation
3 men were charged at the Magistrate's Court here today with the murder of a
man at an oil palm plantation last week.
Wong Mun Fai, Tan Chun How, both aged 27, and Ng Yoke Soon, 44, were charged
with killing Heng Wei Yong, 21, at the entrance of the plantation in Jalan
Kampung Banjar here, between 12.05am and 12.30am on Nov 15.
They were charged under Section 302 of the Penal Code for murder which carries
the mandatory death penalty, upon conviction.
The charge was read to the trio before Magistrate Syahdatul Kamilah Zakaria.
However, no plea was recorded.
Nur Azimah Che Ismail appeared for the prosecution, while Wong and Tan were
represented by counsels Datuk Naran Singh and V. Santhiran respectively. Ng was
not represented.
The court set Jan 11 for mention pending chemistry and post-mortem reports.
(source: malaymail.com)
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