Wednesday, June 29, 2011

"The Confession" by John GRISHAM

First Published in: Dunia Magazine

”An innocent man is about to be executed. Only a guilty man can save him.” These are the words of John Grisham, in his book: The Confession.

Many works of fiction fail to capture my imagination, but a legal thriller, my favorite book genre, always does. This explains why books by John Grisham, a former practicing criminal lawyer, always beacon on book shelves. The Confession is the acclaimed writer’s most recent book - as of the time of writing this review.

Title: The Confession
Author: John Grisham
Publication Date: 26 October 2010 (First Edition)
ISBN: 978-0-385-52804-7
Publisher: Doubleday

The Confession, a work of fiction, tells the story of a broken legal system in a small town in East Texas, United States. It is the story of a young African-American male college football (not soccer) player arrested and convicted of murder in 1999. The  innocent man is found guilty and sentenced to death for a crime he did not commit. For his defense attorney, family and anti-death penalty groups, it is a race against time to save his life.

Three days before the execution of the innocent man, a career criminal shows up and claims responsibility for the murder.

Would the authorities welcome this new twist in this sensitive case and admit their mistake?

Would the authorities admit that they have imprisoned an innocent man for nine long years pending execution?

More importantly, would a stay of execution be ordered?

The execution is planned for 6pm on a Thursday and the deadline to file an appeal to stop the killing machine is at 5pm – when the doors of the office of the Chief Justice close for the day. At 4:45pm on that fateful day, the defense team, armed with a new petition and sworn affidavit, sets out for the office of the Chief Justice to file a last minute appeal. Of course, this move by the defense team showcases legal representation at its best! But would ”last minute Hail Marys” save an innocent man from a powerful state-sponsored killing machine?

After reading this thriller, I have the answers to all the above questions, but you would have to find out the answers yourself by reading the book.

I like the fact that the author clearly shows the demerits of the death penalty - a form of punishment which I’m ideologically against. The author also portrays the innocent convict’s defense lawyer as a fighter who stands shoulder to shoulder with his client till the last minute, and refuses to give up hope even in the face of what appears to be an ”impossible mission.”

Some critics have argued that the story ”lacks realism.” I disagree.

The Confession captures the reality of wrongful convictions in the United States and beyond. I found myself unable to put the book down once I started reading.

Like me, you can purchase the book from amazon.com. 

Monday, June 27, 2011

Colonel Gaddafi of Libya wanted at The Hague

On 27 June 2011, judges at the International Criminal Court (ICC), in line with Article 58(1) of the Rome Statute, issued arrest warrants for the leader of Libya - Muammar Gaddafi. This means the embattled "leader of the revolution" who promised earlier this year to "cleanse" Libya of pro-democracy demonstrators is officially a wanted man at The Hague.

The issuance of this arrest warrant comes exactly one month and eleven days after the prosecutor of the ICC, Luis Moreno-Acampo applied for three international criminal arrest warrants for Gaddafi, his son - Saif al-Islam - and brother-in-law, Abdulla a-Sanussi.

ICC judges approved all three arrest warrants.

The judges believe that Gaddafi, Saif and Abdulla "conceived and orchestrated a plan" to crackdown on protesters and that the arrest of Gaddafi et al. "appears necessary."

Colonel Gaddafi of Libya is wanted for allegedly ordering attacks against demonstrators and committing crimes that amount to crimes against humanity.

According to the Director of Law and Policy at Amnesty International, Michael Bochenek, "justice must be delivered to victims of serious human rights abuses and violations of international humanitarian law committed in Libya..." 

This decision to issue three arrest warrants for some of the most feared men in Libya is commendable, but more crucial steps should be taken to ensure that Muammar Gaddafi  and his cronies are hauled to The Hague to face justice for systematic violence against civilians.

On a side note: In 2009, the ICC issued an arrest warrant for the President of Sudan, Omar al-Bashir, on charges of genocide, crimes against humanity and war crimes committed in Darfur. But the Sudanese leader still walks free.

Pursuant to Article 58(4) of the Rome Statute, arrest warrants issued by the court "shall remain in effect until otherwise ordered by the court." Hence Omar al-Bashir remains wanted.

States Parties are obliged to cooperate with the ICC and arrest persons wanted by the court.

Saturday, June 25, 2011

Pauline Nyiramasuhuko: First woman convicted of genocide

Normally, when women break the "glass ceiling," the world celebrates. However, when a woman breaks a wrong glass ceiling, there is no reason to celebrate. This is the case with Pauline Nyiramasuhuko - who has broken a wrong glass ceiling and gone down in history as the first woman to be charged (and convicted) of genocide.

On 24 June 2011, 65-year-old Pauline Nyiramasuhuko, Rwanda's former Minister of Family and Women Development, was convicted and sentenced to life imprison by the United Nations International Criminal Tribunal  for Rwanda (ICTR). She was arrested in July 1997 for her role in perpetuating the 1994 Rwandan genocide which claimed 800,000 Rwandan lives. She was accused of ordering and assisting massacres and rapes in Butare, southern Rwanda.

Pauline Nyiramasuhuko first appeared in court for the "Butare case" in 2001. The trial dragged on for 10 years before the court sentenced the ex-Minister to life imprison for "conspiracy to commit genocide, genocide, crimes against humanity (extermination, rape and persecution), and serious violations of article 3 of the Geneva Conventions and of additional Protocol II..". [Source]

According to a summary of the judgement in the case of The Prosecutor v. Nyiramasuhuko et al., the court found that:

"Nyiramasuhuko entered into an agreement with members of the Interim Government on or after 9 April 1994 to kill Tutsis... with the intent to destroy in whole or in part the Tutsi ethnic group. She conspired with the Interim Government to commit genocide against Tutsis..."

The 18-paged summary of judgement and sentencing reveals "horrific events" - including rapes, abduction, beatings and killings of Tutsis - in Butare, perpetrated by Pauline and other interim government officials.

The Trial Chamber sentenced Pauline Nyiramasuhuko and her 41-year-old son 
Arsène Shalom Ntahobali to life imprisonment for their role during the genocide.

Four other accused, namely: Silvia Nsabimana, Alphonse Nteziryayo, Joseph Kanyabashi and Elie Ndayambaje were sentenced to 25 years' imprisonment, 30 years' imprisonment, 35 years' imprisonment and life imprisonment, respectively.

During the trial, a total of 189 witnesses were presented and about 13,000 pages of documents.

The long trial and eventual sentencing of Pauline Nyiramasuhuko et al. sends a clear message to perpetrators of heinous crimes that they would have their day in court.

*Photo of Pauline Nyiramasuhuko. [Source].

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