Death Penalty in the UAE to 17 Indians
On 16th April 2010, Manish Tiwari, Ludhiana MP and National Spokesperson for the AICC, spoke in Parliament about the plight of the 17 Indians who were sentenced to death by a Sharjah court. Before we discuss the salient points of Tiwari’s statements, let us understand the basic facts on this matter.
Indians Sentenced to Death by Shariah Court in Sharjah
The Shariah court in Sharjah sentenced 17 Indians to death for killing a Pakistani man and causing grave injuries to three others on April 5, 2010. The attack by the accused, all between the age of 17 and 30 years, allegedly took place over an illegal alcohol business in the UAE. The verdict marks the largest capital punishment meted out to a group in the UAE.
Death Penalty in the UAE
Executions in the UAE are governed by the Islamic Sharia law. The executions are typically carried out by a firing-squad and open executions are rare. Moreover, execution is generally reserved for convicting murderers, although several people have been awarded the death penalty in UAE for drug offences.
In the UAE, a death sentence is either appealed to the ruler of the emirate where the crime has been committed or the President of the federation. In case of a death sentence, only the victim's family can commute the sentence. Conventionally, the government tries to negotiate with a victim’s family with financial compensation or diya to forgive the accused and commute the death sentence.
We-make-it-simple: What this means is that if A kills B, it is B’s immediate family that can condone (forgive) A and then the government can spare A from the death sentence.
Legal Recourse for the Indians under UAE Laws
The UAE legal system allows for appeal and cessation of a death penalty without any interference from either parties. The same flexibility applies to homicide cases involving a life sentence.
Moreover, the courts in UAE provide lawyers to those who are unable to arrange for legal help themselves, giving them an equal right to defend themselves in the court.
Regarding the death sentence to the Indians, UAE law officials have provided them with legal protection, thereby guaranteeing a fair chance for contesting their stance and going into trial. According to the UAE laws, the accused have to make an appeal before a lapse of 15 days from the date of verdict. In concert with the formality, representatives of the convicted Indians have already presented an appeal to the court for ratifying the ruling.
Death Penalty in the UAE: Issue Raised in Indian Parliament
In the Parliament, Manish Tiwari alleged that poor Indian labourers had been picked up the Sharjah Police and tortured using third degree methods, after which two of them confessed. The Congress MP from Ludhiana emphasized that India should not tolerate injustice against its citizens and remain indifferent to their plight in a foreign country as they did not know what was being alleged against them and could not understand Arabic language.
He further pressed for the Indian government to use diplomatic channels and secure justice for these labourers so that they can come back home safely.
Questions arise:
- Can the Indian government finally take a firm stand for its people to have a fair trial and legal representation in a foreign country?
- Can the Indian government do something more meaningful to ensure that Indians who are facing legal cases in foreign countries are not subjected to torture and gross miscarriage of justice?
- Can there be some political accountability and prompt legal aid for Indians living in foreign countries?
- Are there no international laws to protect people of a country from being subjected to such miscarriage of justice in another country?
The 2006 estimates released by the Government of India indicate that there are about 4 million Indians working in the Gulf.
Typically, Indians, who are in other countries, face many difficulties but do they have an organized way of representing their problems to the Indian government? Officially, there may be mediums but how much of it is real and doable?
When legal crises like this emerge, the typical response from the Indian government is to maintain silence. Does it help anybody? Not really.
What do you say? Where should we begin?
Good writing and views. I have one more question to raise. Why these people forget that they are in a foreign country and abide to follow the rules there? The 17 convicts in this case might have done the killing in an intoxicated moment. Can they argue to repeal the punishment on this ground?
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