Soleha, a criminal or a victim?<\/p>\n
Soleha Anam Kadiran, a domestic helper hailing from East Java,
\nwas reported beheaded by sword in Saudi Arabia after an Islamic
\ncourt had found her guilty of killing a Saudi woman with an ax.
\nYour editorial from Oct. 22 says, \"... it is the form of
\npunishment prescribed for the crime committed by the laws of the
\nland in which it occurred, and must be respected.\" This tolerance
\nis saddening, if not sickening.<\/p>\n
Indonesian domestic helpers are humble, cultured, tolerant,
\nsensitive and law abiding in their own country. One such decent
\nwoman had allegedly committed a murder in a foreign country. This
\nitself is beyond comprehension. She went to Saudi Arabia in
\nsearch of a few rials that could provide a reasonable livelihood
\nupon her return. When she left Indonesia, she didn't know the
\nwoman whom she killed, assuming she actually killed her. What
\nmust have happened during this period to lead to a murder?<\/p>\n
If there are strict punishments in Saudi Arabia, there must be
\nvery good defense laws as well. Assuming there are, several
\nquestions arise, such as who were Soleha's defense lawyers? Who
\nwere her physicians and her psychiatrists? What was her state of
\nbody and mind before and after committing the crime, assuming
\nthat she committed the crime? In which language did her
\nphysician, her psychiatrist and her defense lawyer communicate
\nwith her? Assuming that these professionals did not know Bahasa
\nIndonesia and also assuming that Soleha's understanding of the
\nlanguage of the land was not adequate, who were the interpreters?
\nWho were the witnesses? If there were not any, on what
\ncircumstantial evidence was the case decided? Did somebody
\nexplain to her what defense was available to her? In case of a
\nbenefit of doubt, was it extended to her?<\/p>\n
In the U.S., the \"burning bed\" is a valid defense for killing.
\nWhen a spouse has been battered long enough, juries in several
\ncases have decided that killing the abusive spouse was justified
\nas a form of self-defense. This self-defense is available even at
\na time of relative calm, such as at a time when the abusive
\nspouse is asleep. Defense laws throughout the world enable courts
\nto recognize the usual legal standard of self-defense and acquit
\na person who has killed when he or she was in imminent danger of
\nbeing killed.<\/p>\n
There may be similar self-defense laws in Saudi Arabia as well
\n-- albeit possibly not as liberal as those in the U.S. Were
\ndefenses fully explored to suit the probable facts? Was there a
\ndefense made from the possibility that the other woman had
\nhappened upon Soleha doing something wrong, and Soleha panicked
\nand killed her (in which case it was not a first degree murder)?
\nMaybe a member of the Saudi woman's own family killed her and to
\ncover their tracks framed Soleha to escape from the law.<\/p>\n
The world seems to sympathize with murderers, rapists,
\nembezzlers, extortionists, terrorists, child abusers and child
\nkillers -- even when their crimes were proven beyond any doubt --
\nif they are faced with capital punishment. Soleha never belonged
\nto this category and deserved mercy. Even if Soleha were guilty,
\nwas there any investigation into the possibility that the family
\nmight have driven Soleha insane?<\/p>\n
In courts, mistakes can be made, however infrequent they may
\nbe. Interpretation of the same laws differs from jury to jury and
\nfrom court to court. Many times, a higher court overturns the
\njudgment of a lower court. Was Soleha given a chance to appeal to
\na higher court, especially since her sentence was to take away
\nher most precious possession, her own life?<\/p>\n
All human rights activists throughout the world should address
\nthis issue, not only in the judicial arena but also in the
\nlegislative arena.<\/p>\n
I share the sorrow of Soleha's family and pray to God almighty
\nto rest her soul in peace.<\/p>\n
D. PRABHAKAR<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/soleha-a-criminal-or-a-victim-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }