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杀害全家女囚犯请求赦免死刑?

 Amber看世界 2021-05-21

Neighbors woke to a woman's cries for help just after 2 a.m. in Bawan Kheri, a village in the northern Indian state of Uttar Pradesh.

在印度北方邦的巴湾·凯瑞村,邻居们凌晨2点刚过就被一名妇女的呼救声吵醒了。

Sleepily, they emerged from their homes to find a horrific scene of mass murder.

半睡半醒间,他们走出家门然后看到了惊悚的大屠杀的一幕。

Lateef Ullah Khan, one of the first to arrive at the two-story family home on April 15, 2008, found villager Shabnam lying unconscious on the floor near her father, Shaukat Ali, whose his neck was slashed.

拉蒂夫·乌拉·汗是2008年4月15日第一个到达这栋两层住宅的人之一,她发现村民沙布南躺在她父亲肖卡特·阿里身边,昏迷不醒,他的颈部被割开了。

The bodies of Shabnam's two brothers, her mother, sister-in-law and 14-year-old cousin lay almost beheaded in a blood-splattered room, court documents showed. 

法庭文件显示,沙布南的两个兄弟、她的母亲、弟媳和14岁的表姐的尸体躺在一间溅满鲜血的房间里,几乎身首分离。

Her baby nephew, who they would later discover had been strangled to death, appeared to be asleep between his parents' bodies.

他们后来发现,她的小侄子是被勒死的,当时他似乎在父母的尸体中间睡着了。

The case hit headlines -- not only had Shabnam murdered seven of her family members, including a 10-month old child, but she was eight weeks pregnant at the time. 

这起案件成为了头条新闻——沙布南不仅谋杀了她的7名家庭成员,其中包括一个10个月大的孩子,而且她当时已经怀孕8周。

Shabnam and her lover, Saleem, were found guilty of the murders and sentenced to hang.

沙布南和她的情人萨利姆被判犯有谋杀罪并被处以绞刑。

If she is executed, Shabnam -- who, like Saleem, is only referred to in court documents by one name -- will be first woman given the death penalty in India since 1955.

沙布南与萨利姆一样,在法庭文件中只提到一个名字。如果她被处决,她将成为印度自1955年以来第一个被判处死刑的妇女。

But with her execution looming, Shabnam's legal team is trying to halt it -- and is arguing that she is a victim, too. 

但随着她的死刑临近,沙布南的法律团队正试图阻止她的死刑执行,并辩称她也是一名受害者。

Lawyer Shreya Rastogi says her client, who has never admitted to the crime, is a casualty of a patriarchal society that puts caste above all else.

律师希瑞亚·拉斯多基说,她的当事人从未承认犯罪,她也是一个把种姓置于一切之上的父权社会的受害者。

Aside from the people who died that night, the couple's crime created another victim --- their son, Bittu, not his real name, who Shabnam raised in prison before giving him up.

除了那晚死去的人,这对夫妇的罪行还制造了另一个受害者——他们的儿子比图,沙布南在交出他之前在监狱里抚养他,比图是化名。

Now 12, Bittu is appealing to Indian President Ram Nath Kovind to show his mother mercy.

现在12岁的比图请求印度总统拉姆·纳特·科温德对他的母亲仁慈一些。

Shabnam and Saleem were young lovers who lived in the same village -- but their families didn't approve of their union.

沙布南和萨利姆是住在同一个村庄的年轻情侣,但他们的家人不赞成他们的恋情。

Shabnam, who was 22 at the time of the murders, was an educated teacher from the Saifi community. 

沙布南在谋杀发生时22岁,是赛非社区的一名受过教育的教师。

Saleem, then 24, was an unemployed Pathan youth.

萨利姆当时24岁,是一名来自帕桑的失业青年。

Although Indian castes are often associated with the Hindu community, similar social hierarchies exist among Muslim families, based on their historical occupation or which part of the Arab world they come from.

尽管印度种姓经常与印度教社区联系在一起,但类似的社会等级制度也存在于穆斯林家庭中,要看他们的历史职业或他们来自阿拉伯世界的哪个部分。

Families often pressure children to marry within their own communities. 

家族经常强迫子女们在内部社区里结婚。

Failure to do so can lead to violence and, in extreme cases, honor killings, when family members are murdered for bringing alleged shame onto the family.

如果反抗可能会招致殴打,在极端情况下,还会导致荣誉谋杀,即家庭成员因所谓给家庭带来耻辱而被谋杀。

Before the killings, Lal Mohammad, the father of Shabnam's deceased sister-in-law Anjum, tipped off police about the couple's relationship.

在谋杀发生之前,沙布南已故弟媳安佳姆的父亲拉尔·穆罕默德向警方透露了这对夫妇的关系。

"Shabnam is going in the wrong direction, she wants to marry Saleem and the atmosphere at home is very tense," Mohammad recalled Anjum as saying, according to his witness statement at Shabnam's 2008 district court trial.

“沙布南误入歧途,她想嫁给萨利姆,家里的气氛非常紧张,”穆罕默德回忆说,在沙布南2008年地方法院审判时,他的证人陈述说。

A fellow teacher at the school where Shabnam worked, Nischay Tyagi, testified that Shabnam had told him she wanted to marry Saleem, but her family opposed it. 

沙布南工作学校的一位老师尼斯查·泰吉作证说,沙布南曾告诉他,她想嫁给萨利姆,但她的家人反对。

Sukkhan Ali, Shabnam's cousin, told the court Saleem would often come to Shabnam's house to meet her. 

沙布南的堂兄苏克汗·阿里告诉法庭,萨利姆经常到沙布南的家里来见她。

Her father did not like this and beat her, he said.

他说,她父亲很不高兴,还打了她。

But there was something Shabnam's family didn't know, the court heard. 

但法庭还听到了沙布南的家人不知道的一些事情。

Shabnam was already pregnant with Saleem's child.

沙布南已经怀上了萨利姆的孩子。

In his ruling, the district court judge SAA Husaini observed that locals "would not have been able to accept the 'haram' (illegitimate) act," referring to their unborn child. 

地方法院法官萨阿·胡赛尼在他的判决中指出,当地人“不可能接受这种'非法’行为”,指的是他们未出生的孩子。

However, the judge said the couple had other options to escape the "conservative society" of Bawan Kheri, beyond murdering seven people.

然而,法官表示,这对夫妇除了谋杀7人之外,还有其他的选择来逃离巴万赫里这个“保守社会”。

It's not clear if Shabnam knew she was eight weeks pregnant at the time of the murders.

尚不清楚沙布南是否知道谋杀发生时她已经怀孕八周。

The prosecution said she did, and that partly motivated the murders. 

控方说是她干的,认为保护孩子也是谋杀的部分动机。

They argued Shabnam wanted to kill her family so she would be the sole heiress of their property and could live in comfort with Saleem and their newborn.

他们认为沙布南想要杀死她的家人,这样她就能成为他们财产的唯一继承人,并能与萨利姆和他们的新生儿舒适地生活在一起。

Her lawyer, Rastogi, says the prosecution did little to prove that theory. 

她的律师拉斯托吉说,控方并没有什么证据来证明这一理论。

Her defense team said Shabnam only found out about the pregnancy during a routine medical check after she was arrested.

她的辩护团队表示,沙布南是在被捕后进行例行体检时才发现自己怀孕的。

The massacre began with a cup of tea.

这次谋杀案是从一杯茶开始的。

On April 14, 2008, Shabnam laced her family's evening drinks with a sedative Saleem bought with the help of a fruit seller, the court found. 

法庭发现,2008年4月14日,沙布南在她家晚上的饮料中加入了萨里姆在一名水果商贩的帮助下购买的镇静剂。

Then, as the family slept, Shabnam called Saleem -- who arrived with an ax.

然后,当全家人都在睡觉时,沙布南叫来了萨利姆——萨利姆带着一把斧子来了。

"Shabnam held up the heads of each member one by one and I slashed their throats and killed them," Saleem confessed the day after the murders to Bilal Ahmad, a tea seller with connections to the district police chief.

“沙布南一个接一个地举起每个成员的头,我割开他们的喉咙,把他们杀了,”萨里姆在谋杀发生后的第二天向比拉·艾哈迈德承认,艾哈迈德是一名茶贩,与地区警察局长有联系。

The court heard Saleem had hoped Ahmad's connections would help him evade punishment.

法庭得知萨利姆曾希望能靠艾哈迈德的关系能帮助他逃避惩罚。

Instead, Ahmad reported Saleem's confession to the police and recounted in court what Saleem had told him: "I have made a mistake, I am in love with Shabnam, a girl from my village, and she loves me too. We have vowed to live and die together. We cannot live without each other. Because of this, Shabnam's family beat her up and said that they won't let her marry me."

相反,艾哈迈德向警方报告了萨利姆的供词,并在法庭上复述了萨利姆对他说的话:“我犯了一个错误,我爱上了村里的一个女孩沙布南,她也爱我。我们发誓要生死与共。我们的生活离不开彼此。因此,沙布南的家人打了她,并说他们不会让她嫁给我。”

Other witnesses placed Saleem at a pharmacy on the day before the murders, but the pharmacist declined to sell him any sedatives. 

其他目击者说萨里姆在凶案发生前一天在一家药店出现过,但药剂师拒绝卖给他任何镇静剂。

Typically in India, strong sleeping pills can only be sold with a prescription from a doctor. 

通常在印度,强力安眠药只能在医生的处方下才能出售。

Saleem then asked for help from a fruit seller outside the shop, who helped him buy the pills, the court heard.

法庭得知,萨利姆随后向商店外的一个水果商求助,后者帮他购买了这些药片。

Saleem also confessed the crime to a village administrative official, Mahender Singh, the day after the massacre, asking him to use his political connections to keep him out of jail, Singh testified in court.

村官马亨德·辛格在法庭上作证说,萨里姆还在大屠杀发生后的第二天向他承认了罪行,要求他利用自己的政治关系,让自己免于入狱。

After the police arrested him, Saleem retrieved a blood-stained ax from a pond that was consistent with the murder weapon. 

在警察逮捕他之后,萨利姆从池塘里找到了一把血迹斑斑的斧头,与凶器一致。

Empty packets of the pills used to sedate the family were recovered from Shabnam, according to court documents.

法庭文件显示,在沙布南发现了用于给家人下镇静剂的空药片包。

Shabnam initially claimed some hoodlums had entered their home and committed the crime, but police dismissed the theory because of the impossibility of them having scaled the high roof.

沙布南最初声称,一些暴徒进入了他们的家并实施了犯罪,但警方否认了这一说法,因为他们不可能爬上高高的屋顶。

The home's iron door had been locked from inside, and there were no fingerprints or other evidence suggesting the presence of unidentified assailants, according to testimony from forensic official Manveer Singh.

据法医曼维尔·辛格的证词,这所房子的铁门从里面锁上了,没有指纹或其他证据表明存在身份不明的袭击者。

When Khan, the neighbor, arrived at the house, he said he found Shabnam unconscious.

邻居汗说,当他到达这栋房子时,发现沙布南也昏迷不省人事。

However, the Supreme Court noted in its 2015 judgment that Shabnam had "feigned unconsciousness and laid by the side of the deceased father's mutilated body, to callously insinuate that the crime had been committed by an outsider."

然而,最高法院在2015年的判决中指出,沙布南“假装昏迷,躺在已故父亲残缺的尸体旁,冷酷无情地暗示犯罪是外人干的”。

Yet, while Shabnam and Saleem had allegedly murdered so they could be together, they turned on each other in the trial. 

然而,尽管沙布南和萨利姆据称是为了在一起而杀人,但他们在审判中却互相攻击。

Shabnam alleged Saleem alone had killed everyone. 

沙布南声称萨利姆一人杀死了所有人。

Saleem said Shabnam had been drinking wine and called him after she had killed her family, asking him to get rid of the evidence.

萨利姆说,沙布南当时正在喝酒,在她杀死家人后,她给他打了电话,要求他销毁证据。

The district court found the pair guilty of murdering seven people, and sentenced them to death by hanging. 

地区法院判定这两人犯有谋杀七人罪,并判处他们绞刑。

They appealed to the High Court of Uttar Pradesh, as well as the Supreme Court of India -- the country's highest court -- but each time, their claims of innocence were dismissed.

他们向北方邦高等法院以及印度最高法院提出上诉,但每次他们的无罪辩护都遭到了驳回。

Shabnam and Saleem's son, Bittu, was born in prison in December 2008 -- eight months after the murders.

沙布南和萨利姆的儿子比图于2008年12月在监狱里出生了,也就是凶案发生8个月后。

Bittu is not his real name. 

比图只是化名。

The boy's foster father requested that we use his nickname, as he has to deal with the social stigma of being the son of convicted murderers.

这个男孩的养父要求我们使用他的昵称,因为他必须要面对作为杀人犯的儿子的社会耻辱。

Shabnam raised Bittu in a women's prison, where she shared barracks with other inmates.

沙布南在一所女子监狱中抚养比图,她和其他囚犯共用一间牢房。

Other children came and went, as their mothers were freed. 

其他的孩子们都随着母亲的出狱而离开了。

But Bittu stayed, waiting for the day he turned six, when he would be sent to live with someone on the outside, in accordance with Indian prison rules.

但是比图留了下来,等待他六岁的那一天,按照印度监狱的规定,到时候他将被送到外面和别人住在一起。

In prison, Shabnam doted on her son, said her lawyer Rastogi.

沙布南的律师拉斯托吉说,在监狱里,沙布南很溺爱她的儿子。

"She tried to teach (Bittu) a little bit to the extent that she could," Rastogi said. 

拉斯托吉说:“她尽力去教育比图。”

"She used to take classes for him, she used to get him to learn the alphabet, numbers, also the children of the other female inmates that were there she would teach them as well."

“她曾经为他上课,她曾经让他学习字母表、数字,她还会教其他女囚犯的孩子们。”

Usman Saifi, a former college friend of Shabnam, offered to take Bittu once he turned six. 

沙布南大学时的朋友乌斯曼·赛菲提出,比图满六岁时,她就申请领养他。

Saifi, a journalist, had contacted her in prison as he wanted to write a book about the murders.

赛菲是一名记者,他在监狱里联系了她,因为他想写一本关于这些谋杀案的书。

"Initially she dismissed me because the very first question I asked her is the one I shouldn't have," said Saifi. 

赛菲说:“一开始她拒绝了我,因为我问的第一个问题是我不应该问的。”

"I asked her why she killed her family."

“我问她为什么杀了自己全家。”

Saifi said it took time to convince Shabnam that Bittu would be safe living with him and his wife. 

赛菲说,他花了很长时间才说服沙布南,比图和他和他的妻子生活在一起是安全的。

In 2015, when Bittu was six, they took custody of the child and are raising him as their own.

2015年,当比图6岁时,他们接管了孩子的监护权,并将他当作自己的孩子抚养。

"Bittu respects everyone and treats everyone with love," said Saifi. 

“比图尊重每个人,用爱对待每个人,”赛菲说。

"He never says anything hurtful to anyone -- this is like the blooming of a lotus in muddy water."

“他从来不伤人,这就像莲花一样出淤泥而不染。”

But life is not easy for Bittu -- media attention was disrupting Bittu's life and his ability to focus on his studies, Saifi said. 

但是生活对比图来说并不容易——媒体的关注扰乱了他的生活和专注于学习的能力,赛非说。

He also struggles with being the child of murderers, he added.

他补充说,作为杀人犯的孩子,他也活得很纠结。

"One day, when he had gone to the mosque, someone told him that he was the son of that Shabnam who is going to be hanged. This incident affected him a lot and he was in bed all day," Saifi said.

“有一天,当他去清真寺时,有人告诉他,他是即将被绞死的沙布南的儿子。这件事对他影响很大,那天,他一整天都躺在床上。”赛非说道。

For the sake of Bittu, Saifi and his wife have joined the fight for Shabnam to be taken off death row.

为了比图,赛非和他的妻子加入了争取沙布南脱离死囚牢房的斗争。

While Saleem swung the ax, Shabnam's role in slaughtering her own family shocked the nation.

尽管是萨利姆挥舞的斧头,沙布南协助屠杀自己家人的行为震惊了全国。

"She served them tea with the love that a father would not suspect his daughter was giving him poison, a mother would not suspect her daughter is giving her poison," the trial judge said in 2010.

她带着爱给他们端茶,父亲不会怀疑女儿给自己下了毒药,母亲也不会怀疑女儿给自己下了毒药,”一名主审法官在2010年说。

"Her brother, sister-in-law, cousin, no one suspected, but Shabnam knew that the last sip of this tea would be the last sip of their lives."

"她的哥哥,嫂子,表妹,没人怀疑,但沙布南知道这茶的最后一口将是他们生命的最后一口"。

But Rastogi believes Shabnam has been unfairly demonized and her death penalty should be commuted.

但拉斯托吉认为沙布南被妖魔化是不公平的,她的死刑应该被减刑。

Her view is backed by research from the Cornell Law School's Center on the Death Penalty Worldwide that found women who violate entrenched norms of gender behavior are more likely to receive the death penalty. 

康奈尔大学法学院全球死刑研究中心的研究支持了她的观点,该研究发现,违反根深蒂固的性别行为规范的女性更有可能被判处死刑。

Its 2018 report, "Judged More Than Her Crime," found women facing the death penalty were cast as the "femme fatale," the "child murderer," or the "witch."

该机构2018年的报告《被判的不只是她的罪行》发现,面临死刑的女性会被塑造成“蛇蝎美人”、“儿童杀人犯”或“女巫”。

According to the Cornell report, women are judged for what society considers to be their "moral failings," beyond the crime itself.

根据康奈尔大学的报告,社会对女性的评判不仅仅是犯罪本身,更多的是她们的“道德缺陷”。

Shabnam and Saleem contested the death sentence, however the Supreme Court held that the punishment was proportionate, and the crime fulfilled the conditions of "rarest of rare," which is required when imposing the death penalty.

沙布南和萨利姆对死刑判决提出了异议,但最高法院认为,死刑是相称的,该罪行满足了判处死刑时所要求的“实属最罕见的”条件。

Death warrants were issued in May 2015 -- under Indian law, these need to be issued a minimum of two weeks before the execution. 

2015年5月签发了死刑通缉令——根据印度法律,这些通缉令必须在执行死刑前至少两周签发。

However, they were later revoked after a legal challenge by Project 39A, a collective opposed to the death penalty in India. 

然而,在印度反对死刑的集体组织“39A项目”发起法律挑战后,这些决议被撤销了。

The court found the warrants had been issued in "haste" as the prisoners still had legal remedies pending.

法院发现逮捕令的签发很“匆忙”,因为这些囚犯仍有法律补救措施等着他们。

But there's still a risk new death warrants will be issued.

但还是有可能会发出新的死刑令。

In February this year, lawyers for Shabnam and Saleem filed a mercy plea with the governor of Uttar Pradesh state, as a representative of the President, and the President himself.

今年2月,沙布南和萨利姆的律师作为代表,向北方邦州长和总统本人提出了求情请求。

According to Rastogi, as per case law, when conferring a death sentence a court must look at the criminal beyond the crime, to see whether there exists a possibility of reformation and rehabilitation.

根据拉斯多吉的说法,根据判例法,在判处死刑时,法院必须在罪行之外考虑罪犯,看看是否存在改过自新的可能性。

"What better way to understand a young mother than to see her through the lens of her relationship with her son?" Rastogi asked.

“要了解一位年轻母亲,还有什么比从她和儿子的关系的角度来看待她更好的方法呢?”拉斯多吉问。

Shabnam's death sentence made headlines again in February after one of the last remaining hangmen in India visited Mathura Jail, the only one in the country with a hanging house for women. 

沙布南的死刑判决在今年2月再次成为头条新闻,当时印度仅存的绞刑官之一参观了马图拉监狱,这是印度唯一一个设有妇女绞刑所的监狱。

That prompted speculation Shabnam's execution date was fast approaching.

这使得人们猜测沙布南的处决日期很快就要到了。

"We are fixing it up and making sure everything is in working condition, but we can't do anything until the death warrant is issued, once we have the date, then we can order the ropes," said Akhilesh Kumar, Deputy Inspector General of Prisons for Uttar Pradesh.

北方邦监狱副监察长阿海利希·库玛说:“我们正在修理它,确保一切都能正常工作。但在死刑令发出之前,我们什么都不能做。一旦我们知道了日期,我们就可以下令使用绞刑架。”

Meanwhile, the superintendent of the Mathura Jail confirmed that hangman Pawan Kumar, who also hanged four convicts in the 2012 Delhi gang rape case, visited the prison in February to inspect the female hanging house.

与此同时,马图拉监狱负责人证实,曾在2012年德里轮奸案中绞死4名罪犯的刽子手帕万·库马尔曾于2月份到监狱检查了女性绞刑架。

"He did visit ... If there is something in my possession, it is my duty to ensure it is in the best shape, so if I feel that there may be something that needs to be fixed, I have to call the expert to take a look at it," Mathura Jail superintendent Shailendra Maitreya said.

“他确实来过...这些东西是归我管,所以我要负责维护好它,如果我感觉有什么需要修理,我就会打电话给专家来看一看,”马图拉监狱负责人塞伦德拉·梅特雷耶说道。

Those in the country who have been campaigning to abolish the death penalty feel that executing a woman for the first time in 66 years would be a step in the wrong direction.

在该国开展废除死刑运动的人认为,66年来第一次处决一名妇女将是朝着错误方向迈出的一步。

"Shabnam today stands in the death row queue, and if the death sentence is carried out it would further reinforce that the death penalty disproportionately falls upon the most marginalized," said lawyer and activist Vrinda Grover.

律师兼活动人士福伦达·格鲁夫说:“沙布南今天站在死囚区,如果执行死刑,将进一步说明死刑不成比例地落在了最边缘化的人身上。”

Since it was introduced in 2007, support for a United Nations resolution for a global moratorium on the death penalty has grown from 104 countries to 123 in 2020, Amnesty International figures show. 

大赦国际的数据显示,自2007年提出以来,支持联合国全球暂停执行死刑决议的国家已从104个增加到2020年的123个。

India has consistently voted against it.

印度一直以来都是投的反对票。

While 2020 saw a drop in the number of death penalties imposed in India, the decline can be attributed to the coronavirus pandemic which disrupted the court calendars, according to Project 39A.

据39A项目称,虽然2020年印度的死刑数量有所下降,但这是因为新冠疫情打乱了法院的日程。

As of March 31, 15 women were on death row in India, the group said.

该组织说,截至3月31日,印度有15名女性被判了死刑。

Saifi hopes Shabnam's life can be spared, for the sake of her son.

赛非希望看在她的儿子的份上,沙布南可以被赦免死刑。

"When I told him about the sentence his mother had received from court... he prepared a message on his own and appealed to the President through the media to forgive his mother," Saifi said.

“当我告诉他他母亲从法庭得到的判决时……他自己准备了一封信,并通过媒体请求总统原谅他的母亲,”赛非说。

In February, after rumors of Shabnam's impending hanging made headlines, Bittu held up a blackboard to reporters with a chalk message written in neat, cursive writing.

今年2月,在沙布南即将被绞死的传言成为头条新闻后,比图向记者们举起一块黑板,上面用粉笔写着整洁的字。

"President Uncle Ji please forgive my mother Shabnam," it said, using an Indian term of endearment for Kovind.

“吉大伯请原谅我的母亲沙布南,”信上说,这是印度语对总统柯文德的爱称。

So far, there has been no response.

Saifi knows time is running out. 

到目前为止,还没有任何回应。
赛菲知道时间不多了。

He fears for Bittu, if Shabnam is hanged.

他担心如果沙布南被绞死,比图也会受牵连。

"Not only will Shabnam be gone, but this kid will be lost, and if he is lost, we will be lost," he said. 

他说:“不仅沙布南死了,这个孩子也会迷失,如果他迷失了,我们也会迷失。”

"We don't have any other children. He is everything to us."

“我们只有他这一个养子。他就是我们的全部。”

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