Soldier charged for raping two women

Uganda, November 2016

The Kampala City Hall court has remanded a UPDF soldier to Luzira over alleged rape.

Lt. Brain Lusabe attached to Airforce Headquarters in Entebbe is alleged to have had sexual intercourse with two women without their consent.

Prosecution led by Jackline Kyasiimire told court that Lusabe on two different days; November 4, and 9 ,2016, took cover in a dark corner and grabbed the victims as they passed by his residence along Ntinda II road on plot 48-B and forced himself on them.

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The two victims reported the matter to Ntinda police station which proceeded to arrest of Lusabe on rape charges.

He was barred from making plea to the two grave offences of rape which are only triable by the High Court.

Grade one magistrate, Beatrice Kainza, sent Lusabe on remand at Luzira prison until December8, 2016 as police continues with its investigations into the matter.

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Egypt confirms mass death sentences for police killings

Egypt, February 2015

An Egyptian court Monday confirmed death sentences against 183 men convicted of killing 13 policemen, in a verdict the European Union denounced as a violation of the country’s human rights obligations.

An Egyptian court Monday confirmed death sentences against 183 men convicted of killing 13 policemen, in a verdict the European Union denounced as a violation of the country’s human rights obligations.

The verdict came as another court announced that deposed Islamist president Mohamed Morsi would stand trial on February 15 in an espionage case — the fourth trial he is facing.

The policemen were killed in an attack on a police station in Kerdasa, a town on the outskirts of Cairo, on August 14, 2013.

The attack took place on the same day that security forces killed hundreds of demonstrators in clashes as they dismantled two massive protest camps in Cairo supporting Morsi.

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The court had in December issued a preliminary verdict against 188 defendants in a mass trial, of whom two were acquitted on Monday while one, a minor, was sentenced to 10 years in prison. Two more were already deceased.

Monday’s verdict, which can be appealed, came after the initial sentences were sent to the grand mufti, the government’s official interpreter of Islamic law, for ratification.

Since the army deposed Morsi on July 3, 2013, at least 1,400 people have been killed in a police crackdown on protests, mostly Islamists supporting the ousted leader.

Hundreds of his supporters have been sentenced to death in swift mass trials which the United Nations says were “unprecedented in recent history”.

“Today’s decision of a court in Egypt to sentence 183 defendants to death following a mass trial is in violation of Egypt’s international human rights obligations,” the EU’s foreign service said in a statement, reiterating the bloc’s categoric opposition to capital punishment.

State Department spokeswoman Jen Psaki said the United States was “deeply concerned” by the decision.

“It simply seems impossible that a fair review of evidence and testimony could be achieved through mass trials,” she said.

Rights group Amnesty International said the decision was “outrageous” and “an example of the bias of the Egyptian criminal justice system”.

“Issuing mass death sentences whenever the case involves the killing of police officers now appears to be near-routine policy, regardless of facts and with no attempt to establish individual responsibility,” said Amnesty’s Hassiba Hadj Sahraoui.

Fourth trial for Morsi

Rights groups and critics of President Abdel Fattah al-Sisi, the former army chief who ousted Morsi, say authorities are using the judiciary as an arm to repress any form of dissent, including from secular activists.

Morsi and several top leaders of his blacklisted Muslim Brotherhood are in custody and facing several trials on charges punishable by death.

Egypt’s first freely elected president is already facing three trials. The fourth will open on February 15 for allegedly leaking “classified documents” to Qatar and the Doha-based Al-Jazeera network.

Last week an Egyptian court set May 16 for a verdict in another espionage case in which Morsi and 35 others are accused of allegedly conspiring with foreign powers, including Iran, to destabilise Egypt.

Separately, another court is to deliver a verdict on April 21 in the trial of Morsi and 14 others for inciting the killing of protesters in clashes outside the presidential palace in December 2012.

He is also on trial over a jailbreak and attacks on police stations during the 2011 uprising that ousted president Hosni Mubarak.

Also on Monday, an appeals court ordered a retrial in a case involving the murder of a police officer during a firefight with Islamists in Kerdasa in September 2013 when security forces stormed the town to flush out Islamists who had taken control of it.

In August 2014, a lower court had confirmed death sentences on 12 of the 23 defendants tried on charges of killing Major General Nabil Faraj.

The court said seven of those sentenced to death, and who are in custody, will be retried along with four of those who were given life. The other convicted men are fugitives.

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Sex between cousins is not illegal in Kenya, says court

Kenya, August 2016

It is not illegal for cousins to marry or engage in sex, the High Court has ruled even though relationships between cousins are acceptable in some communities and taboo in others.

High Court judge James Makau, in an appeal where a man was contesting a conviction of alleged incest with a cousin by the Magistrates Court, found that the Sexual Offences Act does not mention cousin among the list of relatives under the offence of incest.

Justice Makau ruled that the National Assembly did not leave out the clause on cousins by intention but by the fact that in some cultures in Kenya – such as Hindus and Muslims – and some African communities, sexual acts between cousins are not criminalised.

“This means it is permissible to have sex with a cousin,” the judge ruled. “My understanding of the said section (Section 20(1) of the Sexual Offences Act) is that if any sexual act takes place between two cousins, that does not amount to incest within the meaning of the provisions of the Sexual Offences Act.”

The accused person, named in the court’s verdict as WOO, was arrested and subsequently charged in 2014 for allegedly engaging in sex with a 16-year-old girl knowing that she was his cousin.

He denied the claims and the case went to full hearing after which the lower court found him guilty of incest and slapped him with 10 years in prison.

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LOWER COURT

The man appealed on account that the lower court did not consider that the girl never testified that he defiled her and did not elaborate on how they were related.

According to court records, the man had told the girl to accompany him to his house at 3pm on April 9, 2014, and she agreed and even prepared a meal for him.

Her mother found her in the house and the result was the criminal case.

The girl’s mother testified that the accused was the girl’s paternal cousin but the court found that the trial court erred in finding that he was guilty of incest.

Makau found that the prosecution had failed to prove that the offence lay under prohibited relationships as provided for by law.

“I find that it was an error in law for the trial court to have imported the relationship of a cousin and included it within the provisions of the law when that relationship was not among the specified relationships to be considered in determining a case of incest,” the judge ruled.

The judge ordered the man’s release.

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Father charged with killing his three kids

Mexico, January 2017

The story behind the deaths of three children in San Miguel de Allende on the weekend is mired in contradictions between the state Attorney General’s office (PGJE) and the mother of the three boys and a scarcity of information.

In the early hours of Saturday, the PGJE received an alert that there were armed individuals on a farm located in the Ampliación Cieneguita community, on the road between San Miguel de Allende and Dolores Hidalgo.

When PGJE police arrived at the farm they came under fire but entered the property soon after, according to their official report.

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There they found Juana Luna with the bodies of her three sons, aged four, eight and 11. The official report stated that at that time she declared that her husband, Antonio Luna, had shot the boys and had threatened to shoot her, too.

The officials arrested her husband, who had a recently used handgun in his possession, at the scene.

Various firearms and drugs were found on the property, the report said.

Local news sources have reported since that Juana Luna has contradicted the official account of the incident, denying that her husband was responsible for the deaths of the children.

She said that her family spent weekends on the farm as Antonio Luna worked there as a watchman.

According to Juana Luna’s version, the family was sleeping when they were aroused by shots being fired outside. Her husband fired into the air, thinking that thieves had broken in.

Antonio Luna’s legal status will be determined by a judge on Friday. He is being charged for the murder of his three sons, the attempted murder of five others and possession of firearms and drugs.

It is not clear who the armed individuals were, nor have authorities identified the five people whom Luna allegedly attempted to kill.

Some family members are claiming that it was the PGJE’s ministerial police who killed the children.

Funeral services were held Monday at the Templo de San Miguel Arcángel for the three young victims. Outside the church, friends and family demonstrated, calling for Luna’s release and shouting, “Toño is innocent.”

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