Women and Justice: Keywords

Domestic Case Law

丛艳青故意杀人案，中华人民共和国最高人民法院 (People's Procuratorate of Baoding City Hebei Province v. Cong) China Supreme People's Court (2014)

Domestic and intimate partner violence, Femicide

The defendant was convicted of murder and sentenced to death for stabbing his wife (Cui) and mother-in-law (Zhao) to death, which was upheld by the Supreme People’s Court. Cui had previously filed for divorce. On October 4, 2012, the defendant got into an argument with Zhao and Cui. The defendant chased Zhao out of the house and stabbed her to death. The defendant then caught up with Cui, who had run to a neighbor’s house for help, and stabbed her to death. The Supreme People’s Court affirmed the lower courts’ finding that the defendant was guilty of unlawfully depriving others of their lives, which constituted intentional homicide. The Supreme People’s Court upheld the death penalty, holding that the defendant’s killing method was cruel and the consequences were particularly serious, and thus the death penalty was the appropriate sentence according to the law.

家庭暴力、杀害妇女

被告人因捅刺其妻子及岳母致二人死亡，被河北省保定市中级人民法院认定犯故意杀人罪，判处死刑。最高人民法院核准了河北省高级人民法院维持第一审对被告人丛艳青以故意杀人罪判处死刑，剥夺政治权利终身的刑事裁定。被告人妻子崔某甲曾起诉离婚。2012年10月4日，被告人与其妻子和岳母发生争执。被告人追逐其岳母至屋外并持刀将其捅刺至死。被告人妻子跑至邻居家求救，被告人追至邻居家家门前胡同内，持尖刀捅刺其妻子数下，致其死亡。最高法院认为，被告人，故意非法剥夺他人生命，其行为构成故意杀人罪。犯罪手段残忍，情节、后果特别严重，应依法惩处。

The State v. Dausab High Court of Namibia (2018)

Domestic and intimate partner violence, Femicide

The accused was convicted of pre-meditated murder and sentenced to life imprisonment after stabbing his girlfriend (“the victim”) 27 times and locking her in a room until she bled to death. Prior to murdering the victim, the accused sent her a text message describing how he would kill her. At trial, the court determined the crime was aggravated by the fact that the accused had a direct intention of murdering his girlfriend and did so in a domestic setting. In imposing a sentence, the court took into account retribution, prevention of crime, deterrence and reformation. The court further found that the accused did not care about the victim’s right to life, but rather his own wellbeing, that he “played victim,” and that he showed no remorse. The judge stated that it “is high time that men in relationships with women should understand that once a woman tells them that they are no longer interested in continuing with the relationship, she means just that and her views and feelings should be understood and respected.”

杨恩光、李文建等拐卖妇女案, 云南省红河哈尼族彝族自治州中级人民法院 (Yunnan Province v. Enguang Yang, Wenjian Li) People’s Procuratorate of Honghe Harniyizu District Court (2014)

Forced and early marriage, Sexual violence and rape, Trafficking in persons

The defendants Yang and Li trafficked 17 Vietnamese women who were prostitutes in Vietnam to Yunnan Province, China. Yang and Li pretended to be clients and brought the women to hotels and restaurants where they kidnapped the women and transported them to China. The defendants offered the women to villagers in remote rural area of Yunnan Province, China and forced the women to marry buyers by force or threats. Under Article 48 and Article 240 of Criminal Law of the People’s Republic of China, the two defendants were sentenced to the death penalty and their private property was confiscated by the court. The women were provided with assistance to return to Vietnam.

包办婚姻与早婚、性暴力与强奸、人口拐卖

被告人杨某和李某将17名从事卖淫活动的越南妇女拐卖至中国云南省。被告人以嫖娼为名，采用暴力手段，强行将越南籍妇女被害人绑架并带入中国。被告人将这些妇女转卖至云南省偏远地区的村民并强迫和威胁他们嫁给买家。依照中华人民共和国刑法第四十八条和第二百四十条，两名被告人被判决死刑、并处没收全部个人财产。中国司法机关将被解救妇女全部安全地送返国籍国。

Achoki v. Republic Court of Appeal of Kenya at Kisumu (2011)

Sexual violence and rape

The appellant was charged with three criminal violations in connection with his and his coconspirators' robbery of the complainant and corresponding violence: (1) aggravated robbery with violence, (2) rape of the complainant's niece during the robbery, and (3) possession of suspected stolen property.  The trial court found the appellant guilty on all counts, but the first count was reduced to simple robbery.  The trial court sentenced him to ten years imprisonment for robbery, ten years imprisonment for rape, and 12 months for handling suspected stole goods, to be served concurrently. Without citing a specific reason for reducing the aggravated robbery with violence charge, the trial magistrate noted that the complainant testified that she was not injured in the robbery.  The appellant first appealed to the High Court, which found the appeal had no merit and that the appellant was guilty of aggravated robbery with violence.  The High Court vacated the conviction and 10-year sentence for simple robbery and imposed the death sentence for robbery with violence.  In this appeal to the Court of Appeal (Kisumu), the appellant raised four concerns: (1) whether he was improperly identified as the robber and rapist because the attack took place at night when it was dark, (2) whether the first appellate court properly re-evaluated the evidence, (3) whether the High Court's substitution of simple robbery with aggravated robbery with violence was proper, and (4) whether the State was required to file a cross-appeal to entitle the High Court to substitute the simple robbery conviction with aggravated robbery with violence.  The High Court documents show that the appellant was warned more than once and that at the earliest opportunity the State Counsel would seek to increase the sentence to capital robbery, but the appellant decided to proceed with the appeal.  Quoting its precedent, the lower courts' records, and the Criminal Procedure Code Sec. 354, the Court of Appeal rejected all aspects of the appeal and upheld the death sentence for robbery with violence.

International Case Law

INTERIGHTS and EIPR (on behalf of Sabbah and Others) v. Egypt African Commission on Human and Peoples' Rights (2012)

Custodial violence

The African Commission on Human and Peoples’ Rights found that three men convicted in the 2004 and 2005 bombings on Egyptian resort towns were tortured and denied a fair trial before being sentenced to death by Egypt’s Supreme Emergency State Security Courts, violating the African Charter on Human and Peoples’ Rights. The Commission ruled that Egypt should repeal the death sentences, immediately release the men, and provide them compensation. Additionally, the Commission found that Egypt’s state security courts were not independent and were unable to meet international fair trial standards. This ruling establishes a requirement for African states to prevent torture. It also makes clear that judicial proceedings must take place in a fair, independent court in order to uphold human rights, and that the African Commission on Human and Peoples’ right will actively enforce these standards.