Rape suspect gets N500,000 bail

Nigeria, November 2016

A 29-year-old man, Al-min Tijani , standing trial for allegedly gang-raping a 14-year-old girl with his friends was on Wednesday granted bail by an Ikeja Chief Magistrates’ court in Lagos.

The Chief Magistrate, Mr Tajudeen Elias, granted bail in the sum if N500, 000, with two sureties in like sum.

The magistrate ordered that the sureties must show evidence of tax payment to Lagos State Government.

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The accused, who resides at Otubu Street in Agege, Lagos state, is facing a two-count charge of conspiracy and rape.

Earlier, the prosecutor, Sgt. Rafael Donny, had told the court that Tijani and some others still at large committed the offences on October 28 at his residence.

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Sex racket busted, Kiss of Love activists among arrested

India, November 2015

A police special team busted a racket in trafficking of women, including minors, and another involved in online child pornography on Tuesday.

The ‘Kiss of Love’ activists Rahul Pashupalan and his wife Reshmi, a model by profession, were among those arrested in connection with the online sex trafficking case.

While six persons involved in trafficking were held from a hotel in Nedumbassery, Ernakulam, after the police carried out an undercover operation, six others, including NRIs, involved in spreading child pornographic materials through Facebook page ‘kochu sundarikal’ were held from various parts of the state in simultaneous raids.

Two minor sisters hailing from Yelahanka in Bangalore and the six-year- old son of Rahul-Reshmi couple were rescued from the online flesh trade gang. Two women gave a slip to the police and even caused injury to a police officer as they sped away in a car.

‘Operation Big Daadyy,’ a drive launched by the police against child pornography and paedophiles, resulted in the arrests. A team led by Crime Branch IG S. Sreejith busted the racket by tracking the phone numbers published on free online classified portal Locanto. Recently, the police had cracked an online sex trade racket that operated by offering escort services through the Locanto site.

“We had collected strong digital evidence regarding the involvement of each accused before nabbing them. Their antecedents would have to be verified to see whether they were involved in trafficking earlier also,” said Mr. Sreejith. Rahul was said to be associated with the racket for about one year. “We are not concerned about his activities in connection with the Kiss of Love stir,” he said. Various sections of Protection of Children from Sexual Offences Act, IPC and IT Act were framed against the accused.

Other than Rahul, 29, and Reshmi, 27, who are engineers hailing from Kollam, others arrested in connection with the online trafficking are Abdul Khader alias Akbar, 31, an anti-social element hailing from Kasargod, Leneesha Mathew, 39, of Lingarajapuram in Banagalore, Ajeesh, 21, of Ernakulam and Aashique, 34, of Palakkad. The two women who gave a slip to the police were identified as Mubeena and Vandana.

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They were suspected to be accompanied by a minor girl too, apart from an adult. Those held in connection with the Facebook page were Malappuram native Ummar, 28, working in the UAE who created the page, Vijeesh, 20, of Palakkad, Sujith, 28, of Thrissur, Sony Kurian, 26, of Ernakulam and Chandrakumar, 36, a KSRTC bus conductor of Kattakada in Thiruvananathapuram, and Pradeep, 32.

A WELL-LAID TRAP
Police officials posing as NRIs got in touch with the kingpin of the online sex trade racket, Abdul Khader seeking women for sex. The picture of the females, including Reshmi, two minor sisters and the two women who managed to escape, were shown to the customers online and a deal was struck for Rs. 4 lakh – about Rs 3 lakh for the two minors alone.

About Rs 20,000 was also credited in the bank accounts of the racketeers as advance. As per the deal, the police customers booked rooms in the hotel and waited for the preys. Leneesha Mathew, who claimed to be working in a private firm in Bangalore, brought the two minor sisters from Bangalore by flight. Rahul was held while he accompanied his wife Reshmi to the hotel along with their kid. Two women had reached the hotel premises in a car. But they smelt a rat and sped away in the car, causing injury to a police officer who tried to stop them.

Sex racketeer, 2 women flee after knocking down SI
A key accused in the online sex racket, which was busted on Tuesday, made a daring escape along with two women by knocking down a Crime Branch SI with a car during a police raid at a hotel near Nedumbassery airport at 6. 50 p.m. on Tuesday.

Mr K.J. Chacko, SI, who suffered minor injuries, was given first aid at the LF Hospital, Angamaly. He was hit in front of nine Crime Branch officers and other police personnel who were waiting outside the Marriot Hotel to nab the sex racketeers who had reached there following a trap laid by the police. The Ernakulam registration red-coloured Alto car belongs to one Jibin from Kasargod, but the police have not yet confirmed whether the car was driven by him.

“We had laid a trap to arrest all the accused involved in the sex racket and suddenly the car came in high speed towards the SI when he tried to stop it. Luckily, he managed to escape with minor injuries. A few police officers at the spot rushed to take care of Mr Chacko and others tried to catch the other accused. In the meantime, the car sped away,” said a police officer.

The operation was carried out by the Crime Branch police, Thiruvananthapuram, with the support of local police. The arrested were taken to Thiruvananthapuram. A case has been registered against the person who drove the Alto car under section 308 of IPC for murder attempt and 353 of IPC for assault or criminal force to deter a public servant from discharge of his duty.

Mr G.H. Yathish Chandra, Ernakulam Rural SP, when asked why the accused escaped from the police net, said, “I was informed about this late and in minutes he vanished. He might have changed the number plate of the vehicle and might not have crossed the district. It is not a big deal and he will be arrested soon,” he said.

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Work on death-row syndrome

Uganda, October 2011

THIS week began with both the world day against the death penalty and world mental health day (October 10). Furthermore, it marks nearly four years since the Ugandan Supreme Court delivered their landmark ruling on the death penalty.

The lead petitioner in that case, Susan Kigula, arrives at Kampala High Court today for her mitigation hearing resulting from the 2009 judgment. The coincidence of these events provides a unique opportunity for Uganda to re-open the debate on a frequently overlooked aspect of the Supreme Court decision.

As well as declaring the mandatory imposition of the death penalty to be unconstitutional, the Supreme Court identified the concept of death-row syndrome as a key determinant in the lawful application of capital punishment.

The syndrome describes the onset of psychological illness as a result of the emotional distress of prolonged detention on death row. Dr Julius Muron, visiting forensic psychiatrist (Butabika) to Luzira Prison, explains. “Death-row syndrome is not a psychiatric classification, but a description of behaviour associated with an environment of extreme anxiety.”

Dr Muron described the factors affecting those on death-row. “Those who have been awaiting death or confirmation of their sentence for a long period of time, experience a unique set of stress factors.

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Not every death-row inmate necessarily fits the criteria for a medical diagnosis of a particular mental illness, but this doesn’t negate the fact that they are experiencing an extreme psychological condition. They see the gallows all the time. They live in constant fear. Even a small shift in the daily prison routine can trigger thoughts of ‘tomorrow, will it be me?’”

This was echoed by a former death-row inmate, John, who spent over 20 years in the Condemned Section of Luzira’s Maximum Security Prison.

“Mental illness is common in Condemned and the longer a person stays, the worse it gets. It is torture, waking up every day thinking you may be hanged. It could happen whenever. Before the last execution, the inmates got just three days’ notice,” says John.

In the judgment of Susan Kigula & 417 others, the Supreme Court, held that inordinate delay in death-row conditions constitutes cruel, inhuman or degrading treatment prohibited by Articles 24 and 44(a) of the Constitution of Uganda. Evidence submitted demonstrated that some prisoners had spent up to 20 years waiting for the Executive to exercise its prerogative of mercy. The court subsequently imposed a three-year maximum period on the exercise of the prerogative for prisoners who had exhausted all rights of appeal.

Crucially, however, the Supreme Court failed to impose any time limit on the judicial process itself. Consequently, death-row inmates still experience long delays while exercising their right to appeal – sometimes up to 10 years. This breaches Article 28 of the Constitution, which provides for the right to a fair hearing, including the delivery of a fair and speedy trial. There is little doubt that such delays in both the Executive and Judiciary contribute to the onset of death-row syndrome in the Condemned Section.

Dr Muron emphasised this point. “The main stress-factor affecting inmates on death-row is the criminal justice process. For those with mental illnesses, delays in the trial process often lead to relapse. It is frustrating for the prison staff and health workers to watch this happen.”

For mental health experts, the need for further urgent action is plain. As Dr Muron summarised, “what we need, is a fair system and the resources to investigate and provide justice in the courts of law. Highlighting the issue of death-row syndrome is a starting point. It sends a long-awaited message calling for change.”

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Sexual Abuse Rabbi from Tzfat Indicted

Israel, July 2015

State prosecutor submits indictment against Sheinberg for rape, sodomy, and sexual assault.

An indictment was submitted by the state prosecutor on Monday morning to the Nazereth District Court against Rabbi Ezra Sheinberg, who faces complaints of severe sexual abuse from no less than 13 women.

Sheinberg, who was arrested earlier this month while trying to flee Israel at Ben-Gurion Airport, is accused in the indictment of a long list of heinous crimes, including rape, sodomy, sexual assault, disrupting legal proceedings and obtaining objects through fraud.

The former Rosh Yeshiva (dean) of the Orot HaAri Yeshiva in the northern city of Tzfat (Safed) has denied the charges.

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However, a week after his arrest, Arutz Sheva exposed several damning details about the case, including the fact that Sheinberg allegedly admitted his offenses to Tzfat Chief Rabbi Shmuel Eliyahu and other rabbis. He has since then claimed over and over again that the allegations are “nonsense.”

Supported by the public outrage over the case, more and more women have come forward to publicly speak out about the alleged abuse they suffered, with one providing testimony to the Israeli media under an assumed name, and another publishing her side via an open letter.

Solid material evidence has reportedly also been added to the case.

While in jail, guards complained that Sheinberg was cursing them, taking their names from the name tags on their shirts and writing them on a note before reciting: “I place on you a kfeida,” a type of curse.

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Family still waiting for justice for girl defiled and murdered 17 years ago

Kenya, February 2017

An inquest into the murder of a nine-year-old girl in Subukia has dragged on for 17 years.

Linus Ng’ang’a says his daughter, Salome Wanjiku, was defiled and murdered on January 23, 2000.

An inquest into the matter was first opened on February 27, 2001, before the senior resident magistrate at the time, Hellen Wasilwa. This was after the Director of Public Prosecutions dropped murder charges against suspects Joseph Nganga Kamau and Dickson Karemu Maina.

Witnesses told the inquest Salome, who was a pupil at Mumbui Primary School, had gone to fetch water from a nearby stream but never returned home.

“It was January 23, 2000, and Salome was playing with her friends before she went to draw water from the stream and never came back. We searched for her all over the village in vain,” said Gladys Ng’ang’a, the victim’s older sister, in court.

Joseph Nganga, a neighbour, told the court that Salome’s body was found the next day, 50 metres from Kamau’s house.

Samuel Otengwa, an officer then based at Subukia Police Station, said Kamau was arrested for the murder after a blood-stained slipper was found under his bed.

On February 4, 2000, Mr Otengwa said, blood samples from the minor’s body, Kamau and the blood from the slipper were forwarded to the Government for analysis.

Cleopas Otieno, a Government analyst, told the court tests to establish blood groups were inconclusive because police officers had not stored the exhibits properly.

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“When I say the blood groupings were inconclusive, I mean the slipper had lost qualities supposed to respond to test chemicals, due to poor storage conditions,” Ojode said.

“There is nothing we can do about that blood stain or slipper even now. The qualities that should respond to the test were destroyed.”

Some are of the opinion that a DNA test would have been more appropriate.

By June 12, 2001, only two witnesses – a doctor and an investigating officer – had not testified.

The inquest was adjourned 23 times and there has been no progress as the prosecution asks for more time to contact two more witnesses.

Dr Vitalis Koguto, who testified on behalf of his colleague, a Dr Vilemba, who conducted a postmortem on the body, appeared in court on April 24, 2003, when he said the minor had several stab wounds on the back.

She also had a cut on the left cheek and her left eye was engorged. She had been defiled and had struggled, Dr Koguto said in a report.

The hearing later stalled and the case file was moved from one magistrate to another.

In 2010, when the prosecution closed its case, Senior Resident Magistrate HM Nyaga reprimanded the police for poor investigations and questioned why the State analyst conducted only blood group tests.

“It’s unfortunate the analyst only carried out blood group tests. The slipper was taken to the police a day after the girl went missing on January 24, 2000. The samples were taken to Government analyst two weeks later,” noted the magistrate.

“The careless manner in which the police handled the case ought to be punished, for their actions and omissions, which has denied the victim’s family justice.”

Nyaga said the Government should conduct DNA tests on the samples to help close the case.

“To clear any suspicions (or confirm them), the samples ought to be taken for DNA testing. The deceased’s family can then be assured of conclusive findings to the identity of the girl’s killer(s),” he said.

After a ruling in 2010, the file was taken to Senior Resident Magistrate Judicaster Nthuku. However, due to what has been termed complacency on the part of police, there has been no further progress.

The hearing is set for March 9 as Salome’s family continues its long wait for justice.

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