The other cornerstone would unexpectedly come from the damning evidence furnished by the inmates themselves who were into custody at the station that day of August 2. The prime concerns, however, for the secretiveness of the death executions must be internal. 3Once the spectacle was over, crowds, which included some victims and their families, were chanting, in reference to what seemed like a direct endorsement of the president to the executions, “With our spirit and our blood we sacrifice ourselves to you, O Bashshār!”5 The irony, therefore, is that all those young men, some acting independently, while others in so‑called “gangs,” which were reported killing and robbing at a rate that alarmed the city and exceeded all acceptable norms, would have gone unnoticed had they simply done it “the proper way”: their cases would have otherwise been at trial at the Jināyāt like all the ones examined in this book. A1. The “nothing had happened” stance was repeated twice in two consecutive paragraphs to underscore the cold bloodedness of all accused (“in cold blood”), if not their outright indifference for a human life. In the sanitized police draft, she would accompany them directly to her husband’s location, with the station intermedius completely deleted. Through murder I transfer a property that was his to me. Sao Tome and Principe Punishment abolished. Had Ahmad killed his sister for her adulterous liaison with her cousin, he would have received no more than a year of imprisonment—instead of the now pending death penalty. Public executions in Iran are usually conducted as punishment for murder or rape, though lesser crimes, such as fraud, can also incur a death sentence. Once we told her what we came for, we’ve arrested the two aforementioned suspects, and escorted them to our station here, then proceeded with investigating the owner of the place Aysha Hamawi (b. In short, judges seem to have willy‑nilly approved the random use of torture, as long as it brings the needed “evidence,” and as long as—hence the novelty in this case at hand—it would not cause the death of the accused–witness. When I was right behind the bike and within a meter’s range from the driver, I held the gun with my two hands and pointed it in the direction of the driver’s neck and head. 1962), and Saleh ʿIsa (b. 75The two‑page report of the five‑panel committee, which begins with an introduction fully endorsing previous medical reports, was mostly composed of a question‑and‑answer session at the hospital, conducted by an investigating judge. 45The rivalry between father and son was contained by an acquiescent female gaze—that of the mother (and sister). In sum, what did spare Sabiha’s life from her own clan—but failed to spare her from the death row—was that her alleged infidelities took place with her maternal cousin. Thus, the main protagonist was convicted of eight homicides for the purpose of theft, while his “partner” “intervened” in four homicides with the perpetration of robbery; as to their third “partner” his case was transferred to a juvenile court because he was minor at the time, hence his life was saved that morning. Finally, in an interim case, which was unique to the Syrian penal system, and which we have deliberately placed between three death penalty verdicts, three policemen were accused of manslaughter for torturing to death one of their inmates, which considering how much torture is well spread in the prison system, if not acknowledged, raises uncanny concerns on the limits of torture. I reached Aleppo at 10:00 p.m. to my daughter’s home, Fatima Farawati, who urged me to stay the night with her. Even though it outlined all possible scenarios, the court, as is customary, finally opted for the one that was the most “plausible” in the eyes of justice, which briefly runs as follows: Basim developed a perverse lust for the little girl, whom he knew from her elder sister Ghada; he managed to trick her into a ride on his motorcycle, and once he found himself on a terrain where no one would see them, he attempted to rape her, then killed her out of fear that she would become an unbearable witness. “Death‑row inmates reach the point when they instinctively know they’ll be executed,” one of my informants told me, “as they can feel it coming.” Whatever they may have felt in the long years amid the Jināyāt conviction, or in the few hours prior to their execution, we will never know. In his reply to the following question, “Did your mother summon you to kill the victim Muhammad?,” he unhesitatingly replied with a no, adding that even his father knew nothing about the whole matter. Similar allegations that Ghada might have acted as a “set‑up girl” for Basim’s sisters fostered in all probability a great deal of controversy. 119In the final section of the verdict devoted to the discussion of factual evidence (all of which duly laid out in the first section) from a juridical perspective, the court reiterates its broad view of the matter that it all began with that “suspicion” (shakk) that a devoted and innocent husband had nurtured towards his wife as soon as they consummated their marriage. You have been accused of manslaughter (qatl qaṣd)? 30 Because there was no prior “mental image” of the killing, which would have signaled premeditation, it was the very act of hitting the girl with a stone, which was the product of its moment, hence deliberate but non‑premeditated, which led to the killing. It is precisely such claims that her statements to the investigating judge would contest. On the one hand, the judiciary operates through a meticulous processing of cases, as best as it can, but on the other, state intervention, whether in the form of public executions or in secretive (political) arrests, proceeds as if the Sovereign is still there operating either in an open space or behind closed doors. But when she became an adult and received her education degree, her marriage to him was impossible—both having shared the same breast—she therefore threw herself at our victim Muhammad and married him. Not only does society dislike that innocent people like Muhammad Fulfulah be punished for not doing anything wrong, but it lives in the hope that their assailants receive the maximum penalty. We will see, however, in the course of this chapter, that Syria still maintains the death penalty, generally for persons who committed individual homicides, though the rate of executions seems reasonably low (official statistics are unsurprisingly unavailable on this), maybe on average three to five a year for Aleppo, Syria’s major industrial city.10 Yet, in this instance, it is the very secrecy of executions, as … There is no necessary relation between those two distinct traditions but only a contingent historical articulation.” (pp. After all, since it was a question of “honor,” as the accused purposely claimed, Syrian law de facto “protects” all those (males) involved in honor killings. We entered the house and saw Sabiha sitting in the living room. It is at this stage that the report documents the two broken bones in the chest—the tenth and eleventh on the left side—one of those “facts” that would stick in subsequent prosecution reports, and in the final 1998 verdict. The feeling of guilt for being all too loyal to the ancien régime would find its supplement in the excitement for the inauguration of the new political order. The doctor’s autopsy confirmed that no penetration took place, while Ghada for her part denied allegations of an affair. The juridico–discursive model of power fills that gap by claiming that violence and torture may prove “useful” from extracting the truth from the mouth of the lawbreaker. The night of her marriage, when she was into her menstrual period, she threw herself at him from the top and had sex with him, and chose that timing precisely in order to confuse him, so that everything would remain messed up in his mind, thinking that he was the one to have forced her out of her virginity. I am not sure whether all of them were appended to the case‑file. Some judges would go for the death penalty for no other reason than that they beheld the homicide as disconcerting, beyond what the mores of society would tolerate, such as the killing of a child to hide deviant sexual behavior (C5–2), or the killing of a spouse for inheritance purposes, or else because of a lover lurking in the background (see, “swingers” case, C6–327). Upon his dismissal he went back to his village of Tall‑Rifʿat, divorced his wife, and lived with his mother and sisters, close to the plaintiff’s home, whose little girl was eventually found dead. 32Should we therefore accuse the juridical discourse of oversimplification, in order to expedite its ruling in order to receive approval from the Damascus Naqḍ and third‑party audiences of sorts? And were it not for the sister’s own utterances to the prosecutor, a day after her brother was interrogated, the court and judges, as well as “we”—as outsiders—would have been permanently locked out of the alleged secret. 64Such discrepancies among testimonies from the same person, or testimonies furnished by different persons, would turn out to be a common feature of this affair, and it is not hard to understand why. We were informed of the existence of a kilogram of heroin in the possession of Ahmad Farawati, which jointly belongs to his son Abdulrazzaq, who is now in custody in Aleppo’s prison; the drug was prior to that stolen by the two thieves Mustafa Aqil and Umar Idris, an information that was provided to us by the thief Mustafa, which led to an arrest warrant number 784 on August 1, 1991. dimension: 16,5 x 21,5 cm, 6 1/2 x 8 1/2 inches. Either the socio‑symbolic order and its machinery predominate, hence are posited as objectified artifacts analyzed as such by an external observer, or else all evidence for interpretation must be backed with hard facts, receiving acknowledged dues from peer review—the big Other of professionalism and authorial sanctity. The Death Penalty Among the international community, few issues are as hotly debated as the death penalty. In sum, there is only a political leadership, but no parallel legal one. We then focused on two men of different generations who heartlessly killed their victims, without emotion or sign of vengeance; the courts gave them a well “justified” death penalty verdict; which was also Sabiha’s fate, but this time the murder was neither one of indifference to the victim nor righteous vengeance, as there was no revenge per se against the husband, except that he was behaving more like a woman than a man, hence he had to be axed for not mastering the symbolic honor codes. We have a problem in our country concerning the abolishment of the death penalty in relation to our EU membership process,” he said. The web‑news agency therefore acts as its own remarked public gaze, an uncanny big Other, a parallel one to the state authorities, appended by voluntary comments delivered by its own web‑users. The attorney is trying to persuade his audience that the defendants committed their act without shame or guilt—with total indifference to the victim and the consequences of their act. As capital punishment is the most severe, and … Now that the brother’s role has been established, he will go through Ahmad’s cross‑examination, summarizing it into eight points (headers), in order to bring the sister–brother testimonies close to one another, as if they were in mutual agreement, and as if one confirmed the other. For example, under the Narcotics Act, article 39, Syria imposes the death penalty for drug trafficking or cultivation. The problem, however, is more serious than it may first appear. It indicates in its “summary” section that. Since from that point on Ahmad seems to have been the main instigator, with his sister acting as close accomplice, we are leaving the description of the crime scene to him. The body was delivered to his family. We have noted that kind of behavior in Chapter 1 in relation to economic laws. Which is the hardest thing to explain: in a very traditional rural community, where marriage is sacrosanct, and where men and women have to remain faithful to one another for their lifetimes, the family decided to rally behind “the one who dishonored us,” while sacrificing the one who “knew about it.” The counsel stumbles upon such a reversal of fortunes and the more he finds himself unable to make any sense out of it, the more he unleashes his anger towards the defendant in machismo style. It is common to see defendants as sources of all evils. To be sure, such practices are not unique to nondemocratic societies, as the obscene superegoic addendum of the law is inscribed at the heart of democratic societies with a strong penchant for law and order; even though in the latter police brutality is more exposed to the whims of the mass media. Such an attitude may seem close to the secretive endorsement of torture in liberal societies, whereby “security,” we are told, is paramount. The controversy over death penalty is a much debated topic, garnering equally strong advocacies both for and against it. The other contentious issue, according to the minister, was apropos the policemen who appealed the referral report, which demanded a reviving of the investigation and its broadening to other witnesses, even offering to be reexamined themselves, but were not taken seriously by the Naqḍ in its revocation of the appeal, which the minister argues, was unbalanced and premature in its judgment. In one such instance, similar in some respects to the Aleppo hangings with which this Chapter was inaugurated, four young men, ages 20–25, were hanged at a public park in Khomeinishahr in 2011 in the presence of a massive crowd, mostly young men. Guinea. President Bashar al-Assad, facing international condemnation for his brutal crackdown on opposition to his rule, has accused demonstrators of being foreign-backed "armed terrorists", and not the peaceful protesters that the West and human rights organisations say they are. The observers will initially be in the country for one month, but that could be extended with mutual agreement, Mr Moallem said. At the station, first assistant Jamil and the two policemen Nazih Shaʿar and Saleh ʿIsa pursued their exercise of violence on the victim, hitting him with a stick on his feet repeatedly, kicking him with their feet all over his body. Thailand Amnesty states that another 36 countries retain the death penalty but (1) have not carried out executions in the past 10 years and (2) are believed to have a policy or practice of not carrying out executions, with some making international commitments not to use the death penalty. The described infraction was in a stable condition, in the sense that its duration was no less than six months, and in six months the situation of the heart would go stable. The convict was taken by the police to the hanging podium, where a rope was placed around his neck, the chair was slid below his feet, his body swung motionless up in the air, breathing its last moments.”, The doctor said after examining him: “The convict Basim b. Bakri has been diagnosed, and is now certain to be dead as a result of the execution of the death penalty by hanging until he died.”. Hence the uncanny burden placed on the shoulders of such addressees. The victim’s father, for his part, had posed himself as an individual plaintiff (muddaʿi shakhṣī), demanding compensation. But while Muhammad was mocked by his wife and relatives for his low‑key allure, those same qualities are portrayed here as those of someone who could be “trusted.”, As to the accused Muhammad Dalʿun, whom you have known, he was the one who had planned for the crime. It was at this time that I left to bring some breakfast, then sat with my colleagues and had breakfast. Why go after the husband? The public performance derived from a military tribunal that was set in the Midan neighborhood in Damascus, to which all five were summoned for brief hearings, only to listen to their impending death sentence at the hands of a military judge. [al‑Ḥayāt, May 11, 1998]39. In other words, both public exhibitions of torture and the secretive ones conducted in police stations are symptoms of the Law’s obscene addendum to its underworld of sadistic enjoyment qua practices of (political) domination. Knowledge of his sister’s infidelities, however, now finally admitted to the prosecutor, did not come from inside the clan, but ironic as it may sound, from military intelligence. We will see, however, in the course of this chapter, that Syria still maintains the death penalty, generally for persons who committed individual homicides, though the rate of executions seems reasonably low (official statistics are unsurprisingly unavailable on this), maybe on average three to five a year for Aleppo, Syria’s major industrial city.10 Yet, in this instance, it is the very secrecy of executions, as described below, that remains the most puzzling element. The memo then underscores two points made earlier. The punishment is typically reserved for only the most serious offences, such as murder or treason. Vous pouvez suggérer à votre bibliothèque/établissement d’acquérir un ou plusieurs livres publié(s) sur OpenEdition Books.N'hésitez pas à lui indiquer nos coordonnées :OpenEdition - Service Freemiumaccess@openedition.org22 rue John Maynard Keynes Bat. If that not‑to‑be‑exceeded borderline is the act of killing, while torture is unofficially “approved,” as long as no one dies, then would those policemen at work know where to stop? Under the penal code of the regime ruling Iran, a person is recognized as Mohareb (one who wages war on God) for being a member, a supporter or an ally of the PMOI. 115The plaintiffs’ advocate picks up therefore on that first confession, selects what fits better with his own scenario, corrects what he thinks were malicious errors, discredits many of the facts, prior to narrowing the cross‑examination to the only element that really interested him. Three people were executed for crimes that occurred when they were below 18 years of age in Iran. 15One commentator, signing under the nickname of “Umar Abu‑Samr,” wrote a congratulatory message to the “Syrian people”: “My compliments to my brothers the Syrians. In such scenario, it was sexual lust that stood as the main culprit, with the attempt to consummate it that led to the murder. That “thing” was so horrific that it not only had to be kept a secret, but it was what no speech could bear—and the only person who could have found the language for “it” had to be eliminated. Thus, whatever Sabiha and her maternal cousin might have done as teenagers, then after their respective marriages, interpretations of such acts are what matters most, since it is at this level that individual acts, which in principle should be of no concern but to those who practiced them, achieve that communal status.
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