violence against women
Analysis of Jurisprudence Involving Sexual and other Gender-Based Violence During Conflict
Avon Global Center 2013 Women and Justice Conference Report
Bheki Amos Mkhaliphi v. Rex
Appellant convicted of murdering a woman and sentenced to 18 years imprisonment. Appellant appealed the verdict and sentence, claiming that he did not possess the requisite intent to kill and mitigating circumstances that he was 35-years old, a first offender, gainfully employed and a breadwinner supporting two children should reduce his sentence. The High Court dismissed his appeal finding that the stab wounds to the victim demonstrated intent to kill and that the mitigating circumstances were properly weighed when the sentence was determined.
Case Number E.1999/35, K.2002/104
The Constitutional Court found that the legislature could take necessary measures to reduce violence within families. Articles 1.1 of the Law on the Protection of the Family allows judges to take measures against one spouse, not both, and not against the children or members of the family, if a spouse has subjected another family member to domestic violence. The Gulyaly Peace Court found that because the Articles did not provide for an injunction or penalty if a child committed a violent act, rather than a spouse or parent, the Articles violated the principle of equality.
Erdogu v. Canada
Ms. Erdogu, a Turkish national, fled to Canada and filed a claim for refugee protection to escape persecution for her political and religious activity in Turkey. Because she was both an ethnic and religious minority (Kurdish/Alevi), she was arrested in Turkey on a number of occasions, during which she was detained, interrogated, beaten, and sexually molested. Further, she claimed to be at risk because a violent ex-boyfriend had informed her father of the former couple’s sexual relationship, leading her father to declare his intent to kill her in order to preserve the family’s honor. Ms.
In re Civil Commitment of S.S.
Here, the court affirmed a judgment involuntarily committing the petitioner to a Special Treatment Unit as a sexually violent predator under the Sexually Violent Predator Act (N.J.S.A. 30:4-27.24).
Mandla Mlondlozi Mendlula v. Rex
Appellant was convicted of murdering his girlfriend and sentenced to 20 years imprisonment. Appellant appealed that the sentence was too harsh and severe and that it induced a sense of shock. Appellant presented mitigating factors that he was married with four minor children to support, the sole breadwinner, a first offender, and deserved to be given a second chance in life. The Supreme Court dismissed the appeal after considering the interest of society, the seriousness of the offense, the fact that the crime was premeditated, and the fact that the killing was gruesome and brutal.
Sandra Jankovic v. Croatia
The applicant brought a claim in Split Municipal Court for protection against being disturbed in occupying her room. After years the applicant finally gained possession of the room and then was assaulted by several individuals. Although the applicant tried to get a criminal case brought, it was dismissed by the domestic courts. She then brought a complaint relying on Articles 3 and 8 of the Convention before this Court.
Somiso Mbhamali v. Rex
Appellant was sentenced to 20 years imprisonment for the murder of his elderly aunt and appealed for 10 years of his sentence to be suspended because the appellant believed the victim was a witch and could kill him with the power of witchcraft. The Supreme Court upheld the original sentence and held that a perpetrator’s belief in witchcraft is not a mitigating factor when computing an appropriate sentence for murder.