New Delhi, April 23: A day after President Ram Nath Kovind approved the ordinance to introduce death penalty for child rape, child and women rights activists voiced dissatisfaction with the move, saying that the new provisions fail to highlight other issues faced by survivors.
The issues were articulated by a six member bench headed by former Delhi HC Chief Justice A.P. Shah, advocate Vrinda Grover, Anuja Gupta from RAHI Foundation, Bharti Ali of HAQ: Centre for Child Rights, Anup Surendranath of Centre on Death Penalty at a press conference at Press Club here on Monday.
"The remedy offered is based on wrong diagnosis. The enhancement of the punishment including death penalty will have disastrous consequences on children. The ordinance is reactionary, impractical in terms of the procedural changes brought in and disproportionate with regards to sentencing," Shah said.
The panel highlighted that in every nine of the ten cases, the perpetrator is known to the victim and the child is often pressurised into turning hostile.
"Such pressure will increase manifold if death penalty is imposed. Mostly there are pressures of settling the matter within the family. The death penalty diverse attention from other problems in the criminal justice system such as poor investigation, crime prevention," he added.
According to the child right activists, creating children-friendly courtrooms and having trained professionals and lawyers are equally important.
"Legislation oriented to protection of victim was expected. The way trials are conducted is really very disturbing. The children are often exposed to the perpetrators. There are no special courts, how many times will a child victim would go to courts for trials," Gupta noted.
The experts also pointed that the decision was taken out of public outrage and not understanding the dynamics of child sexual abuse.
"Child abuses have been happening since generations. The concept of justice for survivors is very different. What they are looking for is not taking the abuser to court as majority are incest. Govt has to understand what is the complex relationship between the abuser and victim and why the victims don't even come up.
"What the victims look for is acknowledgment of the abusers. The ordinance will rather stop the victims to come out and report," said Gupta.
The activists also noted that there are systematic lapses which the government should have looked out before bringing in the ordinance.
"Barely any trial related to sexual violence has been concluded within three months and there are reasons for it. There is no such POCSO court and that judge has to look after many other cases so how will the trials be concluded within certain time period? Special courts dealing with child sexual abuse doesn't exist in all parts of the country. Those measures needs to be taken first," said Grover.
Ali said: "Just having a law is not good enough. It must be backed with a financial commitment. There is no budget under any scheme for services of a support person."
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South Korean anti-corruption agency and police debate tougher measures to detain impeached president
Seoul (AP): South Korea's anti-corruption agency and police debated on Monday more forceful measures to detain impeached President Yoon Suk Yeol after their previous attempt was blocked by the presidential security service last week.
The discussions highlighted the obstacles facing the criminal investigation into Yoon's Dec. 3 martial law decree, which led to his impeachment on Dec. 14. The one-week detention warrant was set to expire at midnight, but the agency requested a new court warrant to extend the timeframe for taking Yoon into custody.
The Seoul Western District Court last week issued a warrant to detain Yoon and a separate warrant to search his residence after he defied authorities by refusing to appear for questioning over his brief power grab. Executing those warrants is complicated as long as Yoon remains in his official residence.
Yoon has described his power grab as a necessary act of governance against a liberal opposition bogging down his agenda with its legislative majority and has vowed to “fight to the end” against efforts to oust him. While martial law lasted only several hours, it set off turmoil that has shaken the country's politics, diplomacy and financial markets for weeks and exposed the fragility of South Korea's democracy while society is deeply polarized.
The Corruption Investigation Office for High-Ranking Officials, which leads a joint investigation with police and military investigators, revealed Monday it had asked police to take over efforts to detain Yoon, following its prominent role in Friday's failure.
However, the anti-corruption agency backtracked hours later after the police stated it could be legally problematic for them to be entirely responsible for Yoon's detention, given that the warrants had been obtained by the agency.
The agency, which has faced questions about its competence after failing to detain Yoon, said the efforts to execute the warrants would be carried out under the authority of the joint investigation team but did not clarify whether its approach would change.
Police vow more forceful efforts to detain Yoon
Police say they plan to make a more aggressive effort to detain Yoon at the official residence, where members of the presidential security staff were seen installing barbed wire near the gate and along the hills leading up to the building.
A police official, who spoke on condition of anonymity per department rules, told reporters there were discussions with the anti-corruption agency on whether to arrest members of the presidential security staff if they forcefully obstruct efforts to detain Yoon.
When asked about the possibility of deploying police special task forces, the official said “all available options” were being reviewed.
If investigators manage to detain Yoon, they will likely ask a court for permission to make a formal arrest. Otherwise, he will be released after 48 hours.
Meanwhile, the agency has urged the country's acting leader, Deputy Prime Minister Choi Sang-mok, to instruct the presidential security service to comply with the execution of the detainment warrant. Choi has yet to publicly comment on the issue.
Yoon's lawyers argued the detention and search warrants against the president cannot be enforced at his residence due to a law that protects locations potentially linked to military secrets from search without the consent of the person in charge — which would be Yoon. They also argue the anti-corruption office lacks the legal authority to investigate rebellion charges and delegate police to detain Yoon.
Yoon's lawyers file complaints
Yoon's lawyers on Monday filed complaints with public prosecutors against the anti-corruption agency's chief prosecutor, Oh Dong-woon, and six other anti-corruption and police officers for orchestrating Friday's detainment attempt, which they claim was illegal.
The lawyers also filed complaints against the country's acting national police chief, the acting defense minister and two Seoul police officials for ignoring the presidential security service's request to provide additional forces to block the detention attempt. The lawyers said they also plan to file complaints against some 150 anti-corruption and police investigators who were involved in Friday's detention attempt.
The anti-corruption agency has been weighing charges of rebellion after Yoon declared martial law and dispatched troops to surround the National Assembly. Lawmakers who managed to get past the blockade voted to lift martial law hours later.
His fate now lies with the Constitutional Court, which has begun deliberations on whether to formally remove Yoon from office or reinstate him.
