2017-06-07 15:56:16 UTC
Be decisive on capital crimes
IN 1993 the Judicial Committee of the Privy Council ruled in the famous case of
Pratt and Morgan that it is inhuman and degrading to keep a condemned prisoner
on death row for more than 5 years after his conviction and therefore contrary
to the Constitution.
This ruling has effectively outlawed the death penalty in Barbados and the
Caribbean, and has been championed by Amnesty International.
The United States of America ratified the American Convention on Human Rights
just as Barbados did, but still we find that on May 17, 2017, J.W. "Boy"
Ledford was executed by firing squad 25 years after his conviction for murder
Then on May 26, 2017, Tommy Arthur was executed by lethal injection, 35 years
after his conviction for murder in 1982.
Mr Arthur had previously been scheduled to be executed on 7 occasions. The 8th
proved unlucky for him.
Does not the American chapter of Amnesty International keep abreast of
executions in the US, or are they too busy trying to force their views on
countries like Barbados whilst ignoring their own backyard?
In the meantime, we are witnessing an unprecedented upsurge in violence and
murders in Barbados. Whilst most of the victims seem to be bordering on the
fringes of society and might well have been involved in dubious activities, it
does not negate the fact that there is too much violent crime in this country,
and that all members of society are entitled to protection under the law.
The law also says that there is a death penalty for murder. If changes must be
made to our legislation to establish a differentiation between capital crimes,
then let us stop wasting time and have the legislation implemented and get on
with the business of upholding the law and punishing those who deserve the
death penalty with dispatch.
(source: Commentary; Rollins Howard, The Nation)
3 HK youths could face life term or death after Thai drug bust
3 young Hongkongers were arrested in Thailand for trying to smuggle 12.3
kilograms of cocaine worth about HK$11 million (US$1.41 million).
Because the amount of drugs they were carrying exceeds 100 grams, the suspects
- a 19-year-old woman surnamed Fong, a 22-year-old woman surnamed Tung and a
24-year-old man surnamed Yau - could face a jail term of 20 years to life, or
even the death penalty, based on Thailand's stringent laws against drugs, Sing
Tao Daily reported.
Thailand and Hong Kong have no extradition treaty.
Thai authorities were looking for a woman who had allegedly paid them HK$8,000
each to transport the drugs from Brazil.
Based on a tip from Hong Kong authorities a day earlier, Thai customs and
anti-narcotics agents intercepted the trio at Bangkok's Suvarnabhumi Airport on
They were arrested after parcels of cocaine were found in secret compartments
of their suitcases.
Hong Kong's Immigration Department said it has asked Office of the Commissioner
of the Ministry of Foreign Affairs in Hong Kong SAR and the Chinese Embassy in
Thailand to give assistance to the suspects upon the request of their families.
Sources said Tung, a bar waitress in Hong Kong, was hired by a woman, known as
Ming Jie, to transport the illegal drugs from Brazil to Bangkok.
Tung then recruited Fong and Yau online to join her in the operation.
Ming Jie, who is said to be working for a drug syndicate, allegedly paid the 3
HK$8,000 each for the job, Ming Pao Daily reported.
The woman was supposed to wait for them at a hotel in downtown Bangkok to
receive the cargo, but she was nowhere to be found when police officers arrived
at the place and could have returned to Hong Kong, sources said.
Thai and Kong Kong authorities are working together to hunt her down.
Separately, a Hong Kong man, 18, was arrested and prosecuted in Osaka, Japan by
local police last month after he was caught receiving a package from Hong Kong
that contained 5 kilograms of methamphetamine, also known as "ice", worth about
HK$23 million, Sing Tao Daily said.
The 2006 Nithari serial murders case----Nithari killings: Allahabad HC to hear
Surinder Koli's commutation plea
The Allahabad HC will hear a petition by Surinder Koli, who raped and killed 7
children in Nithari village a decade ago, seeking commutation of death
In 1 of the first 6 cases, the HC had reduced his punishment to life.
In 2014, the SC had stopped his hanging at a midnight hearing, saying
inordinate delay in execution was valid grounds for commutation.
Dec 2006: 2 Nithari residents suspect Surinder Koli
2 residents of Noida's Nithari village claimed Surinder Koli, the domestic help
at Moninder Singh Pandher's house, was involved in the disappearance of many
children since 2004.
With the help of former RWA President SC Mishra, the residents conducted
searches and found a decomposed hand in the tank drain.
A case was filed; residents claimed the police were corrupt who didn't take
Arrests: Carcasses of children found in the drain
The case was strengthened when dead bodies of children were found in the drain
outside Pandher's house.
Pandher and his domestic help Koli were arrested in December 2006; police
recovered bones, biological material, and clothes from the drain.
In January 2007, Koli, who was lodged in Ghaziabad's Dasna jail confessed he
cut victims' bodies with an axe and threw the pieces in poly bags.
CBI: CBI re-registered 19 cases
The CBI had taken up the investigation, re-registered 19 cases and charged Koli
for rape and murder.
However, a final report was filed only in 3 cases; Koli's employer Pandher was
charge-sheeted in 1 case.
During the trial, a Ghaziabad court summoned Pandher as a co-accused in 6
Koli was accused of raping girls before killing them and also allegedly eating
Rape, Murder: Rape and murder of 2 women
Koli was accused of raping and murdering 20-year-old Payal, and 25-year-old
Nanda Devi who stopped working at Pandher's house in Aug 2006 due to pregnancy.
Koli had reportedly asked Devi to rejoin work in October 2006, only a day
before she disappeared.
Payal's disappearance was one of the first cases for which Pandher and Koli
were picked up by police.
Life Imprisonment: Allahabad HC commutes Koli's sentence to life term
In February 2009, a Ghaziabad court found Koli and Pandher guilty of killing a
victim Rimpa Haldar; both were sentenced to death.
Subsequently, Koli was awarded death sentence in 4 other cases.
In September 2009, the Allahabad High Court acquitted Pandher of all charges
and upheld Koli's sentence.
However, in Jan'15, the Allahabad HC commuted Koli's death sentence to life
term in a case.
Fact: UP Govt's plea
In Jul'16, the Uttar Pradesh Government filed a plea in the Supreme Court
challenging the ruling of Allahabad HC to commute Surinder Koli's death penalty
to life term. The SC agreed to hear the appeal and sought Koli's response on
06 Oct 2016: Nithari Killings Case: Surinder Koli found guilty in 6th case
A Ghaziabad special Central Bureau Investigation (CBI) court held Surinder Koli
guilty of Nanda Devi's murder in the 6th case of the 2006 Nithari killings
Devi, 25, was a domestic help hailing from Nepal, who worked at Moninder Singh
Pandher's house before disappearing on 31 October 2006.
CBI public prosecutor JP Sharma said the quantum of punishment would be
pronounced on 7 Oct'16.
Fact: The 6 cases Koli was awarded the death sentence for the murders of Rimpa
Haldar (Feb 2009), Aarti (May 2010), Rachna Lal (Sep 2010), Deepali (Dec 2010),
and Payal (Dec 2010). The hearing in the 6th case involving the killing of
Nanda Devi began in 2013.
07 Jun 2017: Nithari killings: Allahabad HC to hear Surinder Koli's commutation
A service courtesy of Washburn University School of Law www.washburnlaw.edu
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