murders were committed in public places during the daytime. Victims of gang violence
either end up with permanent injuries or death. It is to be noted that most of the people
who are involved in cases of extreme violence, and murders are repeat offenders
(sometimes juveniles). This shows failure on the part of law enforcement authorities and
criminal justice system in the country.
32. Following are recent incidents which clearly demonstrate the failure to adopt a holistic
approach to the growing criminal activities.
a) An alleged criminal was detained in August 2010, for his involvement with the
murder of a 17 year old, on July 20th, 2010. After six months of imprisonment,
the alleged criminal was released on February 17th, 2011 by the Criminal Court,
when Police claimed that their request to Ministry of Health and Family (MoH) to
facilitate in obtaining the medico‐legal report of the defendant from the hospital
(IGMH) was not complied. Hence, the Criminal Court considering six months, as a
sufficient period to respond to an official request from Police, released the
alleged criminal, claiming that the verdict was also a measure to hold MoH
responsible for not providing requested information in due time. Following 28
days of his release, on March 16th, 2011 he was accused of stabbing a 21 year
old young man to death. Later that month MPS arrested the alleged criminal.
b) In the early hours of February 19, 2012 a 21 year old was stabbed in an alley and
passed away while undergoing treatment in the hospital. This was one of four
incidents of gang violence reported that night. The group targeted the innocent
young man mistaking him for someone else12. The State is charging three
underage suspects with murder in the first degree.
Chapter: Article 6‐ Right to Life
31. It is observed that the increase in fatal crime in the country have been aggravated due to a
number of factors. Some of the direct factors are inadequate legislation pertaining to
criminal justice system such as the Penal Code. The current Penal Code does not reflect the
spirit of the present Constitution and is inadequate to address the new emerging issues.
There has been ongoing debate on the revisions to the Penal Code to make it compliant
with the Constitution and international obligations. Other factors attributing to the increase
in crimes include, inadequate legislations pertaining to evidence and witnesses, dismissal of
forensic evidence by courts, absence of a witness protection program and inadequate
correctional and rehabilitation system for convicted offenders. The lack of a comprehensive
integrated crime prevention mechanism remains the greatest weakness in addressing the
issue of increase in crime. High numbers of unemployed youth11, and the persistent
substance abuse and drug addiction among youth in the country are indirect factors
catalysing the increase in crime.
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