Violence was exercised on both: the victim was hit with a stick 200 times on his feet, and his son received a similar treatment. Besides imposing the death penalty on "terrorists" and those who supply weapons, the law says those involved in arms smuggling "for profit or to carry out acts of terrorism" will face life imprisonment and hard labour. The facts of this case show that the accused Sabiha Dalʿun gave herself up to her relative Abdul‑Qadir Shaʿshaʿa who took her virginity when she was still a teenager. They escorted her to the police station and investigated her with violence, while managing to extract from her information regarding the whereabouts of her husband and wounded son. 58From Aleppo to Damascus, judges seem to have interiorized such in‑between border lines, without, however, formulating them explicitly, without ever publicizing them, skirting off the use of torture by the police in nonpolitical criminal investigations. 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. 43A crucial aspect of such cases is the father–son relationship, which stands in contrast to that of the mother: first, the intergenerational relation; second, the kin alliances; finally, the autonomy of the young. He allegedly voiced such concerns to his maternal uncle ʿAbdul‑Rahman (b. 57This unusual case, on the death of an arrested man under torture, seems to have alienated the judges of Aleppo and Damascus, on one hand, from the officials at the Ministry of Justice in Damascus on the other. On 26 February 2002, Serbian Parliament adopted amendments striking the death penalty from the Criminal Code. 19In 2002 Aleppo had only two inmates—both males—whose death sentences were implemented; while another one was executed in 2003, no one was in 2004,18 but those years do nevertheless set the general trend, namely, that capital punishment does exist, but in very low doses, to the point that the official criminal statistics19 fail to even mention them. !14 In a civil tribunal with a strong lawyer and corrupt judge they would have been all acquitted[.] The assumption here is twofold: first, there is an agentive causality at work, namely the availability of first‑person perspective fully aware of its desires and actions; second, such causality could be traced to the act of murder itself; thus, even though the murder may not have been premeditated, the rape was. It all coalesced around notions of shame and honor, which in effect are practical interpretations of factual evidence. Death Penalty News (DPN) opposes the death penalty in all cases without exception, regardless of who is accused, the nature or circumstances of the crime, guilt or innocence or method of execution. Thus, in 1997 the Minister of Justice addressed in person an appeal to the Damascus Naqḍ grouching that the referral report in 1993 did not enough scrutinize the medical reports, which, from his viewpoint, did not thoroughly construct the “causal link” between the various blows that the victim was subject to, on one hand, and his addiction to heroin and asthma illness on the other. It was found that he was hiding in his stomach a sample of heroin sealed in cellophane paper. As we have repeatedly stated, the hemorrhage, which led to death, was the outcome of the two broken ribs. A woman is “forced out” of virginity. Her behavior would become even more reckless once caught in delictum—on her own marital (or “sharʿi,” as stated by the lawyer) bed. I then inquired as to why he was asking me those questions, but he replied that “there is nothing in my mind.” I suspected, however, that there was something he was hiding from me. Guinea. Significantly, all five men which were executed that morning were born in the 1980s, Aleppo’s most troubling period, hence were in their prime twenties upon their execution. The Jināyāt tends to describe an “illicit sexual act/relation” either as zinā (the “Islamic” term for an illicit act/relation), or else as a fiʿl munāfi li‑l‑ḥishma (“an act that is contrary to decency”), or that someone was caught with another in a waḍʿ muhīb (“a dreadful situation”). Indeed, all benchmarks all of a sudden shifted; something had to be done. 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. In many ways, therefore, ʿAbdul‑Karim drifted away from the usual family feuds, predominant in the Syrian countryside, and in many of the cities’ suburbs, where people are typically targeted based on their kin affiliation, the nisba. Western European states used emergency powers for state reconstruction and the maintenance of colonial control. It should have a legal identity, in other words, a person to sue, but it is not even registered as an organization. When we pressured them on drug claims, they were in full denial. 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. The other crucial deposition was that of Sabiha’s brother Ahmad, both of which, in tandem, furnished the grand narrative that served as template to the ones provided by the referral judge in 1987 and the Jināyāt in 1994. Only Sabiha was finally able to talk about it after the crime—but only to a prosecutor, which to her must represent some kind of an external authority—the big Other. It is as if the prosecutors wanted to benefit from the prestige of the Lebanese liberal media to press charges, rather than on local outlets. That kind of knowledge, which the assailants feared that their victim would pass around within the community, was what they feared most, dwarfing the crime itself. For Schmitt, however, the “enemy” is always external, that is, located outside the territory of the nation‑state, which would not bear one more civil‑war episode (e.g. ʿAbdul‑Qadir immediately stood up and wore his pants, then left our home. The death penalty has been formally abolished in 22 of the 50 states, as well as in the … But the court was acting within a hypocritical double bind: on the one hand, the court behaved as if torture was officially sanctioned, while no item in the penal code officially sanctions such practices; on the other hand, the court only implicitly sanctioned shared values that are normally taken for granted as if they were situated within the juridico–discursive model of power. To operate a paradigmatic shift, which is the very purpose of this book, we need to think of actors as operating within multiple‑worlds of action, hence the transparency of what they do and think would not be available to them as firsthand experience. 4 For the law those stood as major crimes for the purpose of pettier crimes, which begs the question as whether the homicides were “necessary” per se, or simply “for the fun of it,” as the hastily staged executions seem to suggest. 13 Names or nicknames were signed either in the Arabic or Latin scripts. Death Penalty Statistics. torture—which secretly cements it. In the United States emergency powers began to be increasingly invoked since Roosevelt’s attempts to counter the Great Depression of the 1930s. 6The history of public executions and torture in Syria, whether political or not, has been poorly documented, like many other aspects of Syrian history. I was under custody at the Bāb al‑Nayrab police station, and that Friday morning [August 2] at around 2:30 the wife of the victim was fetched and they hit her with a stick 40 to 50 times, and she was screaming and asking for help, and all that was taking place in the room adjacent to us. Which points, in the final analysis, to the law’s obscene addendum of torture as an enjoyment (jouissance) qua practices of domination. What is so puzzling is the large disparity of crimes attributed to the accused, even though all their crimes came down to a single determination: indiscriminate killing for the purpose of theft. But Muhammad refused all that, bragging that he would create a scandal. 114In the lawyer’s narrative, even though the mother seems the one to have given benediction, she steps into the background once sister and brothers make their final plans. The accused [policemen arrested for manslaughter], consisting of elements from the Bāb al‑Nayrab police station, and based on reports they had received that the [deceased] victim Ahmad Farawati was trading heroin, went to his home to arrest him, but did not find him, and found instead his wife the witness Aysha Shehade. As it was a one‑man job, there could be, in some problematic instances, as was the case here, further medical scrutiny. 40ʿAbdul‑Karim went on to describe how he altered the motorbike’s appearance. We want to argue, based on the sample cases in this chapter, that strategies of interpellation of the crudest type (involving executions, torture, or the death penalty) would come to the rescue whenever disciplinary practices reach their limit, fail to materialize, or are simply not enough. Hence the significance of the death punishment is less in its acting as possible deterrent (there is no evident empirical correlation between homicides and the death penalty) and more its role as the externalized subjectivized Gaze of the state, which re‑inscribes itself as the third‑party audience as a necessary component of crime. The punishment is typically reserved for only the most serious offences, such as murder or treason. 10 Or what used to be the major industrial city, prior to massive destructions in 2012–13. To be sure, a character’s perceived “weakness” is no judicial category, but the defendants attempted to use it as much as they could, without success. His son Husayn Farawati was also a suspect and an arrest warrant was issued for that purpose and for trafficking heroin. Those [who were executed] got what they deserved[,] but we need a solution for the future generation[.] 25 Which stands for first‑degree murder in Anglo‑American penal law. Any human being would be surprised at how much this crime has affected our society, first in its causes and motives, then in the style of its execution, and also in the fact that one of the criminals is an educated woman whose job was a teacher forming a new generation of students, while the other is also educated (, The second emphasis, besides guilt, is “style,” which by all accounts was horrific—in cold blood.The emphasis on education, and the fact that the wife was a schoolteacher and an alumna of Aleppo University, is an attempt to discredit the, The defendant Sabiha Dalʿun, which you have come to know, has proven that she is a true viper, acting behind her instincts, who marries to protect herself, then to protect herself even further pushes her brothers, chief among them the accused Ahmad, and her mother, to participate with her at finishing off her husband the victim Muhammad, who was known in his own town, among his colleagues and friends, as a very decent fellow with high moral principles. Capital punishment was used from the creation of the modern Serbian state in 1804. With the 1963 martial law still active (it was formally abolished in May 2011, amid the massive street protests that shook Syria), the accused were charged for acting against “the public security of the state,” thus a military tribunal took hold of their dossiers on that basis. The group added that the … Why go after the husband? 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. Still more bloggers in 2008; one of them, under the name of “the broken” (al‑muḥaṭṭam) relates the perverseness of the young (inḥirāf al‑shabāb) to various social and economic prejudices: 40 percent on the elderly parents, 20 percent on unemployment, 20 percent on the high rents, and 20 percent on poverty. State-run television announced the edict as human rights agencies said more than 100 people, mostly defecting soldiers, were killed on Monday in the bloodiest day so far in nine months of protest. We began exchanging love statements (aḥādith gharāmiyya), and I told him about my husband’s sexual weakness. 68 Robert Badinter, L’Abolition, Paris: Fayard, 2000. 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.”. The death penalty continued to be used as “tool of retribution in response to public outrage” over attacks by the Islamic State (IS) group, Amnesty International said. That’s absolutely not true. 28Basim was accused of a murder he allegedly committed on 29 March 1994, and whose Jināyāt ruling was concluded in August 1995, which is speedy by Syrian standards. And what about acts of mass torture and killings, like the ones that have plagued the current civil war (2011–14)? Three were arrested from our station, pursuant to arrest warrants: [officers] Jamil Qadahnun, Nazih Shaʿar, and Saleh ʿIsa. The court itself is one such narrator, which has the luxury to opt for one possible scenario—the big Other of moral and juridical order. The doctor’s autopsy confirmed that no penetration took place, while Ghada for her part denied allegations of an affair. His decision to steal a motorbike came, in his own words, from deprivation and need. That is to say, state‑law only validates itself through itself as the exception to all norms pervading in society (Derrida’s force du droit). Critics of the regime regard the regime's reluctant signing of a protocol on observers as a tactic to buy time and avert a showdown at the UN. The court therefore rationalized premeditation within the confines of a discourse commonly offered by prosecutors and councils alike, as an act that was deliberate, well thought, prepared beforehand, and executed with a “calm spirit” and willingness to harm. An airport road was paved over the Jewish cemetery in Damascus; Jewish schools were closed and handed over to Muslims. The secretiveness of executions of death row inmates must be thought in conjunction to police torture: both are fairly known, but kept behind a veil of ignorance. As to the money, he claimed that it was in his possession, but I do not know if that is true. Qatar. Globally, at least 483 people were known to have been executed in 2020 (excluding countries where death penalty data is classified as a state secret, or where limited information is available - China, North Korea, Syria and Viet Nam). Still more bloggers in 2008; one of them, under the name of “the broken” (. He also recommended that all three be tried for manslaughter under articles 536–212 of the penal code. 2 It remains unclear how so many people managed the early hours: Were they informed beforehand? Damascus—The first criminal court in Aleppo has issued a verdict to imprison for 10 years with hard labor three policemen for having deliberately harmed and provoked the death of Ahmad Farawati while being interrogated. What is at stake is that the issue of agency is presented against a backdrop of other contingencies that would represent the criminal act in alternative perspectives. Once in, I asked him about his wife, and he replied that she was not there. 82To elaborate, the Foucauldian approach, while successful at portraying individuals caught in a web of normative discursive practices towards which they would resist subjugation, it creates confusion regarding the assimilated empirical contents of those subjects who have been subjugated to disciplinary power relations. The “state of exception” which characterizes the very essence of the law, as Carl Schmitt and others have pointed out, is taken literally by the socialist authoritarian state, as it continuously trespasses on the limits of the law by enacting new laws that ultimately would invalidate established practices. Unfortunately there is still a long list of countries that maintain the death penalty, including: United States (in states like Texas, Florida, among others), China, Singapore, Saudi Arabia, Iran, Pakistan, North Korea, Syria, Somalia, Egypt, Indonesia, among others. I took him out of the room, and once I sprayed his face with water, he looked better. In other words, allegations of misbehavior and torture were textually processed, and traded as such with counter‑allegations in the case‑file.40. He was, indeed, attracted to the very idea of an anonymous encounter, someone that he would murder not on any prior knowledge, feud, persona, looks, or body, but for the sake of a motorcycle. According to Amnesty International, countries who execute people commonly cite the death penalty as a way to deter people from committing crime. That is important to keep in mind, considering that the defendant went through several versions in 1983 alone, alleging that she was placed under pressure. Once we passed 1 km on that road, and reached some trees on the vineyard, I asked my driver to stop and wait for me for a while to check whether my brother was there. Jews were not allowed to work for the government or banks, could not acquire telephones or driver's licenses, and were barred from buying property. 113Motive is one of those empty signifiers that receives meaning only from the documentation of the users themselves. How the crime was committed; especially the manner in which the victim was killed. In effect, while the sister provides the prosecution (and later the court) with a hidden prime motive—the husband’s impotence—the brother offers the other more social motive—honor. 69It is such total denial of any torture that would eventually play badly for all three defendants. Seychelles Punishment abolished. I neither kicked the victim with my legs, nor did I see my colleagues harm him. In effect, by July 20 she would deny in toto everything she had stated in her previous testimony. Sabiha Dalʿun, executed in Idlib’s prison in 2003, in the aftermath of a 20‑year long wait for the verdict, C5–5 infra), this one raises additional concerns: considering that much of the evidence was ready by 1992, and that the autopsy and medical reports were in favor of the victim, and that every witness, safe the policemen, confirmed an excessive use of violence, why did it then drag for so long? Remarkably, and in what in hindsight looks like his biggest error, he headed back to Minbij and went to a shop that did some minor repairs on the bike. Moreover, there is no evidence that the defendants were in any way enemies to the victim. Pictures of the deceased Farawati that were taken in the aftermath of the autopsy report, in the layout of the forensic photography department of the Jināyāt, which make it impossible to assess the extent of the alleged torture. By December 14, 1993, the Damascus Naqḍ had rejected the appeal, approving the judge’s findings on the ground that he got his “facts” right, and that accordingly he made the right conclusions. 81If we were to finesse such reasoning within an historical perspective, which must take Europe as the mark of transition to modernity, there was a paradigmatic shift between an ancien régime representation of torture, which implied public representations of executions at the sovereign’s whim preceded by acts of violence and torture aimed at the sinful body of the lawbreaker: the sovereign, acting on behalf of the state, was at the same time displaying his will and acting as agent for the amputation of evil in the sinful body of the offender.
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