Soleha, a criminal or a victim?

Soleha, a criminal or a victim?

Soleha Anam Kadiran, a domestic helper hailing from East Java,
was reported beheaded by sword in Saudi Arabia after an Islamic
court had found her guilty of killing a Saudi woman with an ax.
Your editorial from Oct. 22 says, "... it is the form of
punishment prescribed for the crime committed by the laws of the
land in which it occurred, and must be respected." This tolerance
is saddening, if not sickening.

Indonesian domestic helpers are humble, cultured, tolerant,
sensitive and law abiding in their own country. One such decent
woman had allegedly committed a murder in a foreign country. This
itself is beyond comprehension. She went to Saudi Arabia in
search of a few rials that could provide a reasonable livelihood
upon her return. When she left Indonesia, she didn't know the
woman whom she killed, assuming she actually killed her. What
must have happened during this period to lead to a murder?

If there are strict punishments in Saudi Arabia, there must be
very good defense laws as well. Assuming there are, several
questions arise, such as who were Soleha's defense lawyers? Who
were her physicians and her psychiatrists? What was her state of
body and mind before and after committing the crime, assuming
that she committed the crime? In which language did her
physician, her psychiatrist and her defense lawyer communicate
with her? Assuming that these professionals did not know Bahasa
Indonesia and also assuming that Soleha's understanding of the
language of the land was not adequate, who were the interpreters?
Who were the witnesses? If there were not any, on what
circumstantial evidence was the case decided? Did somebody
explain to her what defense was available to her? In case of a
benefit of doubt, was it extended to her?

In the U.S., the "burning bed" is a valid defense for killing.
When a spouse has been battered long enough, juries in several
cases have decided that killing the abusive spouse was justified
as a form of self-defense. This self-defense is available even at
a time of relative calm, such as at a time when the abusive
spouse is asleep. Defense laws throughout the world enable courts
to recognize the usual legal standard of self-defense and acquit
a person who has killed when he or she was in imminent danger of
being killed.

There may be similar self-defense laws in Saudi Arabia as well
-- albeit possibly not as liberal as those in the U.S. Were
defenses fully explored to suit the probable facts? Was there a
defense made from the possibility that the other woman had
happened upon Soleha doing something wrong, and Soleha panicked
and killed her (in which case it was not a first degree murder)?
Maybe a member of the Saudi woman's own family killed her and to
cover their tracks framed Soleha to escape from the law.

The world seems to sympathize with murderers, rapists,
embezzlers, extortionists, terrorists, child abusers and child
killers -- even when their crimes were proven beyond any doubt --
if they are faced with capital punishment. Soleha never belonged
to this category and deserved mercy. Even if Soleha were guilty,
was there any investigation into the possibility that the family
might have driven Soleha insane?

In courts, mistakes can be made, however infrequent they may
be. Interpretation of the same laws differs from jury to jury and
from court to court. Many times, a higher court overturns the
judgment of a lower court. Was Soleha given a chance to appeal to
a higher court, especially since her sentence was to take away
her most precious possession, her own life?

All human rights activists throughout the world should address
this issue, not only in the judicial arena but also in the
legislative arena.

I share the sorrow of Soleha's family and pray to God almighty
to rest her soul in peace.

D. PRABHAKAR

Jakarta