March 18




THAILAND:

Johor-born 'Mr T' could face death penalty in Thai court



A Johor-born man, famously known by the Malaysian media as "Mr T" or the "Malaysian Iceman", could be staring at the death penalty over his alleged role in an attempt to smuggle 282kg of crystal methamphetamine into Malaysia 2 years ago.

Tan Hun Seong and 3 of his accomplices have been formally charged in Thai court under the country's Act on Measures for the Suppression of Offenders Relating to Narcotics 1991 and Narcotics Act 1979 which, besides the death penalty, also provide life imprisonment upon conviction.

According to court documents obtained by Bernama, the grey-haired "Mr T", who is in his mid-60, a 69-year old Taiwanese man known as "Jimmy" and 2 Thai women would be making an appearance at the Bangkok Criminal Court for their trial beginning May.

The arrest of Tan by a group of heavily armed police officers at the busy Hatyai Airport in April last year received wide media coverage in Thailand and Malaysia.

(source: thestar.com.my)








JAPAN:

Japan cult spinoffs persist 2 decades after deadly sarin attack



More than 2 decades after Japan's Aum Shinrikyo cult plunged Tokyo into terror by releasing a nerve agent on rush-hour subway trains, its spinoffs continue to attract new followers.

Cult head Shoko Asahara is on death row, along with 12 of his disciples, for crimes including the subway attack, which killed 13 people and injured thousands.

He was arrested in 1995 in the wake of the sarin attack, but the Aum cult survived the crackdown, renaming itself Aleph and drawing new recruits into its fold.

Aleph officially renounced ties to Asahara in 2000, but the doomsday guru retains significant influence, according to Japan's Public Security Intelligence Agency.

"It (Aleph) is a group that firmly instructs its followers to see Asahara as the supreme being," an agency investigator told AFP, speaking on condition of anonymity.

"If someone says 'guru Asahara wants to bring down Japan', there would be followers who would act. The group poses such a potential danger," he said.

Raids on Aleph facilities have found recordings of his teachings as well as a device used by the Aum cult known as a "Perfect Salvation Initiation", a type of headgear that emits weak electric currents which members believe connects them to Asahara's brainwaves.

Aleph and other splinter groups, which deny links to Asahara despite the claims of authorities, have 1,650 members in Japan and hundreds more in Russia, according to the Public Security Intelligence Agency.

It says the groups attract around 100 new followers annually via yoga classes, fortune-telling and other activities that do not mention the cult's name, often targeting young people who do not remember the 1995 subway attack.

"Young female followers go to 'training' places with their children... We are worried there is an increasing number of children who have been inculcated by the Aum since they were very young," the investigator said.

Horrendous ordeals

Asahara and his wife Tomoko had 4 daughters and 2 sons, and most of the family remains within the cult.

1 daughter who left in 2006, aged 16, has described horrifying ordeals during her childhood, including being forced to eat food with ceramic shards in it and being left in the cold in little clothing.

"It was an environment unthinkable in modern-day Japan. I was afraid I would be killed if I rebelled, so I felt tense, as if I were on a battleground, for 16 years," she said in a statement last year.

"I strongly hope no more children will grow up in the Aum's successor groups."

In early March, on Asahara's 63rd birthday, investigators were keeping their usual close eye on the headquarters of an Aum splinter group in a quiet Tokyo residential area.

"We are not marking the day in any way," said Akitoshi Hirosue, deputy head of the Hikarinowa (The Circle of Rainbow Light) group.

"We actually think Asahara should be executed," he told AFP at the group's headquarters.

Hikarinowa split from Aleph in 2007 under the leadership of flamboyant former Aum spokesman Fumihiro Joyu, and now has around 100-150 members.

"As long as the death penalty is not implemented against him, Asahara is the 'saviour exempt from execution' and helps Aleph win more followers," Joyu recently said in arguing for the death of his former guru.

Aleph training halls are closed to media and the group did not respond to enquiries by AFP.

A new 'guru'?

Taro Takimoto, a lawyer who has helped relatives of cultists for decades, supports capital punishment for Asahara but not the 12 other members on death row, who he says only acted as "limbs" of the guru.

He fears the 12 members will "become martyrs" if executed, only boosting cult recruitment.

Seven of those on death row were moved to different prison facilities in recent days, prompting speculation that they could soon be executed. It was not clear if Asahara was among them.

"We should have them talk until they die a natural death so that they help prevent a recurrence," Takimoto told AFP.

And he said they deserve some understanding, describing them as "good people" who were brainwashed by Asahara.

"Asahara was more than God to them, the person who knew the entire universe and all its reincarnations. Orders from Asahara were orders from the universe," he said.

Asahara's execution may draw a line under the Aum's crimes for some Japanese, but Takimoto warns it could also trigger suicides among his followers and lead to the appointment of a successor guru.

A leading candidate is Asahara's 2nd son, according to Takimoto.

"If the second son, bearing Asahara's ashes, declares himself 'guru', he would gain serious religious authority," opening a new chapter on the cult, Takimoto said.

(source: timeslive.co.za)








INDIA:

Rajasthan introduces death penalty for rape of minors: Child rights experts say move uncalled for, will endanger survivors



The Rajasthan government in a legislation passed last week has introduced the death penalty for rape of girls below 12 years of age. Through this law, the government is attempting to portray itself as taking a tough stand on crimes against women and girls. Ironically, the same state government had, only recently, vociferously supported centuries-old patriarchal ideas of community honour, in which it was considered better for women to kill themselves rather than be captured by an enemy army.

The Criminal Laws (Rajasthan Amendment) Bill, 2018, is to an extent rooted in the same concept. By introducing capital punishment for rape of minors, it suggests that victims of the crime suffer a fate similar to death. However, the provision for death penalty completely sidesteps important changes needed to make the justice system sensitive to survivors of sexual assault and to avoid victim shaming.

Systemic changes needed

For instance, a Human Rights Watch report from December 2017 points out that the standard form used in hospitals in Rajasthan still has a column which seeks information on the status of the hymen, and that doctors continue to practice the 2-finger test in rape cases.

The 2-finger test attempts to ascertain whether a girl or woman has a sexual history, with the assumption that if she consented to sex at some point earlier, her claim that she was raped is suspect. The Supreme Court in 2013 had held that the 2-finger test on a rape survivor violates her right to privacy, and asked the government to provide better medical procedures to confirm sexual assault.

In any case, as is well documented, there is no connection between the status of the hymen or the width of the vagina with sexual history, neither can the tests prove whether sexual abuse took place.

A social worker who has guided several minor survivors of sexual abuse through legal procedures points out that the criminal justice system often ends up further traumatising them in many ways. "During medical examinations, survivors sometimes have to wait for hours outside the room where the examination is to take place. The room is clearly marked out as such, and thus passers-by identify the girl or woman as having suffered sexual abuse." She recounts another instance where the examination-in-chief of a child in court was repeatedly delayed as the judge was reluctant to hold an in-camera hearing, as is mandated by the law in such cases.

Thus, the child was made to remember and recount her ordeal several times over, which is against the provisions of the Protection of Children from Sexual Offences Act, 2012.

"A large number of people continue to associate an incident of sexual assault with stigma for the victim," the social worker remarks. "They may fear that she may be socially ostracised or that no one would marry her. Additional victimisation by authorities during the investigation of a rape only heightens these fears. Several cases of sexual assault go unreported for this reason."

Perpetrators are known to survivors in most cases

Rajasthan's decision to make a legislative provision for death penalty for rape of minors may also have an effect on reporting of cases to the police. A study conducted in 2007 by the Ministry of Women and Child Development is instructive in this regard. According to this study, in 31 % of cases where children faced sexual assault, the perpetrators were uncles or neighbours. In 29 % cases, the perpetrators were friends or classmates, 10 % were cousins and 9 % were employers.

Thus, in most of the cases, offenders are known to the child???s family. One has to keep in mind that a child below 12 years of age would ordinarily not be able to approach the police on her own and would need her family's help. In many cases where the offender is known, families may find it difficult to file a complaint with the police given the possibility that he may be sentenced to death.

A more recent study conducted by the Centre for Child and the Law, National Law University of India-Bengaluru in 5 states on the POCSO Act has also shown similar findings. According to it, the percentage of cases where the perpetrator was known to the child was above 70 % in all the 5 states surveyed. Swagata Raha, one of the researchers, says, "A high percentage of children in all states turned hostile when the accused was their father, step-father, brother, or otherwise known to them. Therefore, the conviction rate in such cases was also extremely low."

Raha adds, "Introduction of the death penalty for rape of children will invariably have the effect of silencing victims as they will be burdened with the guilt of sending someone they know well or are related to, to the gallows. Such punishment will also endanger victims as the perpetrator may not want the child to testify in court or disclose the abuse."

Advocate and child rights activist Maharukh Adenwalla says, "Rather than introduce the death penalty, measures in the POCSO Act intended for the protection of children who have faced sexual assault need to be implemented. Also, preventive measures should be taken so that such incidents do not occur in the first place."

In sum, several child rights experts agree that putting in place the death penalty for rape of minors is not likely to make any contribution towards making children safer. All it will do is to give expression to the instinct to pin the blame for a larger social problem on some individuals.

(source: firstpost.com)
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