Crime And Punishment Around The World Volume 1 Africa And The Middle East

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Volume 1AFRICA AND THE MIDDLE EAST

Crime and Punishmentaround the World 2011 ABC-Clio. All Rights Reserved.

Crime and Punishmentaround the WorldAFRICA AND THE MIDDLE EASTVolume 1MAHESH K. NALLA, VOLUME EDITORGRAEME R. NEWMAN, GENERAL EDITOR 2011 ABC-Clio. All Rights Reserved.

Copyright 2010 by Mahesh K. Nalla, Volume EditorGraeme R. Newman, General EditorAll rights reserved. No part of this publication may be reproduced,stored in a retrieval system, or transmitted, in any form or by any means,electronic, mechanical, photocopying, recording, or otherwise, except forthe inclusion of brief quotations in a review, without prior permissionin writing from the publisher.Library of Congress Cataloging-in-Publication DataCrime and punishment around the world.p. cm.Includes bibliographical references and index.ISBN 978-0-313-35133-4 (set : alk. paper) — ISBN 978-0-313-35134-1(set ebook) — ISBN 978-0-313-35135-8 (vol. 1 : alk. paper) —ISBN 978-0-313-35136-5 (vol. 1 ebook) — ISBN 978-0-313-35137-2(vol. 2 : alk. paper) — ISBN 978-0-313-35138-9 (vol. 2 ebook) —ISBN 978-0-313-35139-6 (vol. 3 : alk. paper) — ISBN 978-0-313-35140-2(vol. 3 ebook) — ISBN 978-0-313-35141-9 (vol. 4 : alk. paper) —ISBN 978-0-313-35142-6 (vol. 4 ebook)1. Crime. 2. Punishment. 3. Criminal justice, Administration of.HV6025.C71152010364—dc222010021159ISBN (set): 978-0-313-35133-4EISBN (set): 978-0-313-35134-1141312111012345This book is also available on the World Wide Web as an eBook.Visit www.abc-clio.com for details.ABC-CLIO, LLC130 Cremona Drive, P.O. Box 1911Santa Barbara, California 93116-1911This book is printed on acid-free paperManufactured in the United States of America 2011 ABC-Clio. All Rights Reserved.

This volume set is dedicated to the memory ofAli Sabeeh of Omara, Iraq, who, while preparing the entry on Iraq,was kidnapped, tortured, and killed in October 2007To Amma and Nannagaru 2011 ABC-Clio. All Rights Reserved.

Editorial Advisory BoardAdam Bouloukos, Director of Outreach and Partnerships, UNOPS, Copenhagen, DenmarkRonald V. Clarke, University Professor, Rutgers UniversityAdam Graycar, Professor, Australian National UniversityMartin Killias, Professor, University of ZurichJeremy Travis, President, John Jay College of Criminal Justice 2011 ABC-Clio. All Rights Reserved.

ContentsAcknowledgments, xiCentral African Republic, 35General Introduction by Graeme R. Newman, xiiiChad, 42Maps, xxivComoros, 50Map 1. Murder around the World, xxivMap 2. Imprisonment around the World, xxvCongo, Democratic Republic of the (CongoKinshasa), 53Map 3. Death Penalty around the World, xxviCongo, Republic of (Congo-Brazzaville), 56Map 4. Corporal Punishment around the World,xxviiDjibouti, 62Equatorial Guinea, 66Volume 1 Introduction by Mahesh K. Nalla, xxixEritrea, 70Maps, xxxivEthiopia, 74Country Key to Africa and the Middle East Maps,xxxivMap 5. Murder in Africa and the Middle East, xxxvMap 6. Imprisonment in Africa andthe Middle East, xxxviGabon, 79Gambia, 81Ghana, 86Guinea, 91Map 7. Corporal Punishment in Africa andthe Middle East, xxxviiGuinea-Bissau, 97Map 8. Death Penalty in Africa andthe Middle East, xxxviiiKenya, 106Ivory Coast (Côte d’Ivoire), 100Lesotho, 111Liberia, 118VOLUME 1Madagascar, 122Africa, 1Malawi, 128Angola, 1Mali, 133Benin, 7Mauritania, 136Botswana, 10Mauritius, 140Burkina Faso, 17Mayotte, 146Burundi, 22Mozambique, 149Cameroon, 27Namibia, 152Cape Verde, 31Niger, 156ix 2011 ABC-Clio. All Rights Reserved.

x ContentsNigeria, 162Iran, 266Réunion, 167Iraq, 272Rwanda, 173Israel, 283Saint Helena, 177Jordan, 297Sao Tome and Principe, 180Kuwait, 303Senegal, 183Lebanon, 312Seychelles, 189Sierra Leone, 193Somalia, 198South Africa, 205Swaziland, 211Tanzania, 218Libya, 326Morocco, 333Oman, 336Palestinian Territories, 340Qatar, 346Saudi Arabia, 349Sudan, 361Togo, 226Syria, 368Uganda, 230Tunisia, 374Zambia, 236United Arab Emirates (UAE), 377Zimbabwe, 242Yemen, 384Middle East and North Africa, 247Algeria, 247General Bibliography, 389Bahrain, 255About the Editors and Contributors, 397Egypt, 259Index, I-1 2011 ABC-Clio. All Rights Reserved.

AcknowledgmentsThe contribution made by the volume editors to this project has been inestimable. A project of this magnitude could not have been achieved without their unceasing efforts to find contributors for large and small countries alike, to managetheir contributors’ contributions, and to edit them into the style and format required by a publication of this type. They helped overcome a number of crises wemet along the way. For this and for their always being on the receiving end of myconstant e-mails, I express my sincere appreciation. I thank especially Janet Stamatel for producing the world and regional maps from my sometimes less thanadequate databases.Many authors have contributed to these volumes. Without them, of course,this project would not have been possible. The volume editors and I express ourgreat admiration to our contributors and appreciation for their tolerance of oureditorial demands, which oftentimes must have seemed unreasonable. We apologize if your chapter ended up a little shorter than you had wanted. We bear fullresponsibility for any misconceptions that may have occurred as a result of ourat-times heavy editorial hand.Finally, we thank the Editorial Advisory Board members for being there whenwe needed them.—Graeme R. NewmanAlbany, NYDecember 31, 2009xi 2011 ABC-Clio. All Rights Reserved.

General IntroductionWe humans are fascinated by the diversity of cultures, climates, landscapes, andpeoples. It is part of our deep human heritage that we have never been able tostay at home. Since the beginning of human time, our haplogroups have migratedfar and wide, stumbling on new fauna and evolving with them, adapting to cold,hot, wet, and dry seasons and climates. Along the way, we have constructed societies and civilizations that have come and gone, none reaching perfection; eachhaving tried its own solutions to the problem of order; each constructing rules,laws, customs, and ways of dealing with those who, for whatever reason, havebroken with the sacred commandments of order. Somewhere along the way, nomatter what the civilization or society, the idea of justice emerged, perhaps independently of the need for order and, indeed, every now and again in oppositionto order. But whatever order’s relationship to justice, one thing is certain: orderis necessary for societies to survive. And embedded in this necessity is the inevitability that individuals will break laws, rules, and customs and will, as a matter oflogic (and justice), be punished for it.So law (so-called if it is written) and custom (embodying law and rules thatmay not be written but that are “practiced” and conveyed orally) is universalin all known societies. They are part of the “civilizing” process, which seeks tohold in check the tendency of humans to devour each other. It is true that greatthinkers, philosophers, and even scientists have insisted—in the face of the overwhelming evidence of history that stands against them—that humans, if onlygiven a chance, can or could work together for their common good withoutbeing coerced to do so. But we know of no society anywhere in which this utopian (if it is utopian) conception of human nature has produced a society without laws or customs and their concomitant punishments. And surely humanshave had plenty of chances to construct such utopian societies. Yet each timethey try, order takes over, because we know that individuals only grudginglycurb their own desires. They do not like the imposition of order, but they knowthat they cannot survive without it and its accoutrements. Or at least, we maysay that life is much more comfortable if one gives into almost any kind of order.This observation probably applies even to the worst of tyrannical orders, for it iseasier to remain in submission than it is to rise up and overthrow a very powerful authority. The 18th-century enlightenment thinkers upon whose ideas muchof the world’s criminal justice systems are based (whether civil or common) wereclearly of the opinion that punishment was a necessary evil, a price paid for thexiii 2011 ABC-Clio. All Rights Reserved.

xiv General Introductioncomfort of living in an ordered society. Its universality certainly attests to thetruth of this assertion.It should come as no surprise, therefore, that getting reliable informationabout such a touchy subject—essentially how a society, nation, or culture maintains order in the face of a populace that may secretly or even openly resent itsimposition—is very difficult. Nations can be very secretive about their crimerates and their punishments, not to mention their procedures for finding guiltand their manner of interrogating suspects. Various organizations have setthemselves up to monitor the most egregious violations of individuals in thename of order, such as Human Rights Watch and Amnesty International, butthere is a far larger part of the maintenance of order and the processing of lawbreakers by nations and regional governments that also needs constant scrutiny.Violations of human rights in the name of order may easily be hidden insidethe bureaucratic inertia and practices of even the most “enlightened” societies.To admit to having a very high rate of murder or incarceration—perhaps oneof the highest—of its citizens is not something of which a nation can be especially proud. Such statistics say something about that nation, though what thatsomething is, unfortunately, can be easily misinterpreted. For example, somecountries may be criticized for having very high imprisonment rates, but theirretort may be that this is because they have very high crime rates, to which itmay be asked, but why do you have such high crime rates? The reply may be,“Because we have strict laws that are strictly enforced, which is for the good ofour citizens, who are kept safer than those in other countries whose administration of criminal justice is too lax.” Provided here is just a taste of the controversies and disagreements concerning the differing levels of crime and punishmentin diverse countries, as well as the puzzling relationship or lack thereof betweenprison rates and crime rates. The riddle can be stated thus: more punishmentshould reduce crime, but more crime requires more punishment.One would think that the costs in public relations to a nation would be far toohigh to allow for the publication of crime and punishment statistics. So it is anamazing achievement that the United Nations World Crime Surveys, whose mission is to collect the official statistics on crime and justice from member nations,have shown steady and significant increases in the number of countries submitting their statistics since they were first collected in the 1970s. From a handful ofcountries in the beginning, the number providing crime and punishment statisticshad grown to about 50 as of 2005. That is the positive spin. In fact, this is only50 out of 190 member UN nations, and there are signs of decreasing reportingby countries in recent years, according to Jan Van Dijk, author of The World ofCrime and former UN expert on international crime and justice.Although it is true that nations are reticent to make public their crime andpunishment statistics for reasons of public image, there are many technical difficulties in making comparisons of officially collected crime and justice statisticsacross countries. Many of these difficulties are serious, and the reader is warned touse considerable caution in making such comparisons across countries. These technical difficulties include the following: 2011 ABC-Clio. All Rights Reserved.

General Introduction Different legal definitions of offenses make it difficult to compare specificoffenses across nations. Different reporting and recording practices of the police who generally havefirst official contact with a crime make comparing statistics from one country to another unreliable without knowledge of these practices. Different legal systems may affect the finding of guilt, recording and classification of offenses, and recording of arrests and convictions. Inconsistent classifications of crime records and frequent changes over timemake it difficult to compare trends in crime or punishment. Different bureaucracies and government departments within each nationthat collate and publish crime and punishment statistics may produce different statistics. For example, city- or state-level collection of crime rates orprison rates may differ from collection at the federal level, as in the UnitedStates. Inadequate infrastructure for collecting and processing crime and justicereports, including information technology, may hinder the amount or accuracy of criminal justice data. Lack of professionally trained crime analysts and statisticians may limit thereliability and depth of statistical data available. Local events or conditions may inflate crime and punishment statistics, suchas genocidal events that may or may not be recorded as murders. Changing government policies about making crime and justice statisticspublic may affect trends and the amount and type of data made available.There have been instances where countries have revealed crime and justicestatistics to the United Nations, but not to their own citizens. The reverseis also true. There was a time, for example, when the Soviet Union routinely collected crime statistics for its internal use but officially denied to theUnited Nations that there was any crime at all in the Soviet Union, becausethere could be no crime in a true communist society. In large populous countries, there may be vast differences within those countries. For example, the levels of crime and punishment vary enormouslythroughout the United States; some states still retain the death penalty, andmany do not. There may also be huge differences in amounts and kinds ofcrime between urban and rural regions. There may even be different legalsystems operating within the same country, such as, for example, Quebec inCanada or the several customary, Islamic, and civil law systems operating inTimor-Leste.If one must make comparisons—and most people are unable to resist it—thebest way to overcome these pitfalls is to make sure that one knows as much aspossible about the historical and social context within which the statistics are collected. Crime and Punishment around the World provides just that context. Thisencyclopedia describes in detail the crime and punishment practices of each country and, in some instances, specific regions. The four volumes offer a glimpse ofthe ways in which all the nations around the world try to solve the basic problem 2011 ABC-Clio. All Rights Reserved. xv

xvi General Introductionthey all face: what to do with those who break the law? They have all enacted either customary or written criminal laws. They have all inherited their criminallaws from their ancestors near and far, not infrequently from other nations thateither usurped them or overtook them through migration. They have all developed procedures for the finding of guilt of the accused, and all, of course, followup the finding of guilt with legislated or customary punishments. These are allessentially the product of their legal systems.World Legal SystemsFor more than 1,000 years, the Roman Empire encompassed just about all theregion around the Mediterranean and stretched as far north as Great Britain.Law was probably its major weapon against the peoples it subdued, bringingwith it order and a stable means of commerce. Its concepts would form much ofthe basis of canon law and eventually much of the civil law of Europe. Furthermore, much of the Islamic and customary law of the countries surrounding thesouth and east of the Mediterranean was deeply affected by Roman law becausethose peoples were also subjects of the Roman Empire at various times for over1,000 years. Those countries of Europe that retained more of the Roman lawand its procedures would later come to be known as “civil law” countries. ThoseEuropean countries that managed to put aside Roman law came to be known as“common law” countries. And those of North Africa and the Far East retainedIslamic and customary law systems.Civil law systems account for over 50 percent of the world’s legal systems, although many such systems are mixed with other legal systems because of localand historical circumstance. In fact, as a result of constant reforms, it is likelythat there are no purely civil law systems left in the world. Most countries haveincorporated various aspects of the adversarial system. The main characteristicsof civil law systems are the following:1. Systematically written legal codes are the prime source of authority in legaldecisions and procedures.2. Their procedures are often (though not entirely) based on what is sometimes called the “inquisitorial system”—reaching back to the days of theRoman Catholic Inquisition—in which the process of finding of guilt isconducted by a judge or magistrate who both investigates and conducts thefinal trial. These trials are usually, though not always, conducted before amagistrate or panel of magistrates.Probably the prime examples of European civil law systems are those of Franceand Germany and, to some extent, Italy, which has recently incorporated aspectsof the adversarial system.Common law systems account for another 20 percent of the world’s legal systems. These are commonly referred to as “adversarial systems” because the finding of guilt is not conducted by the magistrate who decides and investigates thecase as in civil law; rather, a prosecutor (or sometimes an investigating policeofficer) investigates the case and prepares the case for a trial by judge and jury 2011 ABC-Clio. All Rights Reserved.

General Introduction(although juries are not always required). The two significant features of common law systems are the following:1. Cases are decided based on precedent, which views previous cases and decisions as a cumulative wisdom and authority.2. Cases are a courtroom drama in which the prosecutor is pitted against thedefense.It should be noted, however, that in modern legal systems of common law,there are legal codes that systematize the law, and these may or may not be basedon the codification of past legal practice. In the United States, for example, everystate, in addition to the federal system, has its own written code. Cases are decided, however, based not only on how well the offender’s acts match the written code but also on the cases that came before it—that is, precedent. One seesthis tradition played out in the U.S. Supreme Court, which arduously scrutinizespast decisions to conclude whether a particular case was decided correctly ornot, in accordance with the supreme law of the land, the U.S. Constitution. Thepopular view that contrasts these two legal traditions is that civil law is focusedmore on finding a probably guilty person guilty, whereas common law is focusedmore on defending a possibly innocent person from a guilty verdict. Both systems do, however, adhere to the presumption of innocence of the accused untilproven guilty. The most typical examples of common law systems are those ofthe United Kingdom, the United States, and Australia.Islamic legal systems account for about 10 percent of the world’s legal systems,although there are probably no purely Islamic systems anywhere in the world. Thisis because of the early Roman influence on all countries surrounding the Mediterranean and because of the imperialism of the West during the 16th through20th centuries. In its pure form, the Islamic system of law follows the exactlaw of God, as interpreted by experts (Mullahs), deriving from the Koran, theBible, and other sacred texts. Islamic law is often called sharia—the path to follow. Perhaps the most contrasting feature of Islamic law is that it is more a wayto live one’s life than a set of prohibitions laid down by a state authority as inRoman law and its progenitors. Thus, not only does it include prohibitions, someof which are set out in the Ten Commandments, but it also includes exhortationsto lead a good life (e.g., love thy neighbor). No such positive exhortations arefound in other Western legal traditions, whose defining principle is prohibition.The procedural rules of Islamic law are those of human reasoning and consensus.One of the problems that faces legal theorists in Islamic law is that there are manyoffenses that are not specifically covered in any of the sacred texts. For example,sodomy is not mentioned in the Koran or Sunna (another sacred text), but adultery is. So the judge may reason that the two offenses are similar and the punishments prescribed for one may apply to the other. In practice, however, many casesare decided also on custom and precedent, given that in many Islamic countries,tribal customs concerning redress of wrongs (e.g., feuding and vengeance) havedeveloped alongside Islamic and other kinds of law. The majority of countrieswith Islamic legal systems therefore also have customary law as a major component, especially in dealing with day-to-day infractions. Finally, most Islamic law 2011 ABC-Clio. All Rights Reserved. xvii

xviii General Introductioncountries also have a considerable dose of civil law, especially in the field of commerce, though it has been necessary even there for such countries to develop waysto get around the Islamic prohibition of usury, defined rather broadly.Customary law is the law that has arisen through oral tradition among tribesand cultures where law is not written down but rather communicated across generations by tribal elders. Village or regional chieftains are usually, though notalways, the main repositories of such legal wisdom, and the finding of guilt usually occurs within an informal meeting of interested parties. In many countriesof Africa and southern Asia, these kinds of local meetings occur and settlementsare reached based on the hearing of all sides of the complaints. Depending on theculture, shamans or others thought to hold special powers may be brought in asexpert witnesses and sometimes as judges. However, the most important attributeof customary law is its specificity to the local region or village. These traditionscan be very deep and resistant to change or imposition from outside influences.Perhaps a prime example in the 21st century is that of the tribal villages in themountains of Pakistan and parts of Afghanistan that have defied state authorityfor hundreds of years. Instead, these tribal areas have their own chiefs and theirown informal ways of settling infractions and disputes.Socialist legal systems are those that have arisen on top of civil law systems, forthe most part. Certainly this was the case in the Soviet Union and continues tobe the case in Cuba and other communist countries, although China is perhapsan exception. Yet even there, the customary legal system was usurped by Westernpowers in the 19th century and abolished by the revolution of 1949. However,the emergence in the 1980s of China as an industrial and trading nation requiredthat it develop a legal system that would make commerce possible and more efficient. The result has been that its legal system is based essentially on civil law,with criminal law that codifies edicts of the State and procedures that are largelyreflective of the inquisitorial system.Finally, although there are probably no countries that are purely of one or theother legal system, there are quite a number of countries whose legal systems aremixtures of some or all of the preceding. Many African and some South Asiancountries are mixtures of customary, civil, common, and Islamic law. Such countries would include, for example, India, Afghanistan, and maybe Egypt.How Does Your Country Measure Up?Although for the reasons recounted earlier, comparing the crime and punishmentof countries to each other is a very difficult procedure, it is nevertheless important to get a rough idea of how one country compares to the rest of the world. Itis probably one of the main reasons people refer to world encyclopedias of anykind, to get a sense of how one fits in the universe.To provide a very rough glimpse of how a country’s crime and punishmentcompare to the rest of the world, we have provided a snapshot of some majorindicators of crime and punishment for each country at the start of each country essay. We have chosen these indicators because they are readily available andoffer a reasonably approximate way of ranking countries along a continuum. Of 2011 ABC-Clio. All Rights Reserved.

General Introductionthe crime indicators, murder is chosen as probably the most reliable for makingcomparisons because its definition is roughly similar across nations, and in mostcases, the statistics have been adjusted to fit the UN standard definition of murder for countries reporting their murder rates. Nevertheless, many countries donot report their murder rates. Prison rates are also reasonably reliable for makingcomparisons, although they too involve great technical difficulties in measurement, considering that the counting of inmates may occur on different days ofthe year, and a simple accounting on a particular day does not give any indication of the flow of prisoners in and out of the prison over a given period of time.The snapshot indicators provided for each country or region when available areas follow: Type of Legal SystemMurder—murders per 100,000 peopleBurglary—those victimized by burglaries per thousand peopleCorruption—levels of perceived corruptionHuman Trafficking—how much the country is doing to control humantrafficking Prison—number of prisoners per 100,000 population Death Penalty—whether the country has the death penalty Corporal Punishment—whether corporal punishment is available to thecriminal justice systemLegal SystemThe types of legal system were compiled from the United Nations Global Reporton Crime and Justice, supplemented by information from individual country Websites and from the University of Ottawa Civil Law Section Web site on WorldLegal Systems at ms/eng-tableau.php.MurderThese are officially reported statistics on murder supplied by countries to theUnited Nations World Crime Surveys, supplemented where necessary by individual country information plus homicide statistics from the World Health Organization. Most of the statistics were taken from the revised listing supplied byJan Van Dijk in his book The World of Crime, in which he reported the averagemurder rates for 1998–2002, supplemented by more recent United Nations surveys. Additional data from INTERPOL and individual country sources, whereavailable, sometimes for a slightly different period of years, were also included.However, such small differences should not matter because we know that murderrates are fairly stable over time. The countries are ranked from highest to lowestmurder rate (murders per 100,000 people) and then divided into quartiles, withthe middle two quartiles classified as “Medium” and the two outer quartiles labeled “High” and “Low.” The world distribution of murder rates can be seen inMap 1, Murder around the World. 2011 ABC-Clio. All Rights Reserved. xix

xx General IntroductionBurglaryObtaining reliable rates of property crime, the most common of which is usually referred to as theft, is especially difficult when relying on officially recordedstatistics because definitions and enforcement practices vary enormously acrossnations. We have therefore included measures of victimization of individuals byburglary. These measures are derived from the International Crime Victim Surveys (ICVS), which are interviews or questionnaires asking samples of a population whether they have been victims of particular offenses over a particularnumber of years (usually the past year). In this case, the samples were households,and the survey was conducted in many countries, although limited only to urbanpopulations. Therefore, they do not, of course, represent the country or region asa whole, though they do, perhaps in the case of burglary, represent most of thepopulation of a given country that there are, generally, many more households inurban settings than in rural settings. These data are taken from Van Dijk’s Worldof Crime. Countries were ranked according to their burglary rates (number ofvictimizations reported per 1,000 people) using quartiles, divided into High, Medium, and Low, with Medium defined by the two middle quartiles.CorruptionThe ways in which crime and punishment are eventually perceived by the publicand administered by the State are affected by the level of corruption in a particular country. We have therefore included a measure of corruption, a kind of crimethat is neither a violent crime nor, strictly speaking, a property crime. Rather,it is a crime against justice itself. There is also the advantage that data on perceived corruption in countries are much more available, thanks to the source ofour data, Transparency International at http://www.transparency.org/policy research/surveys indices/cpi. This Corruption Perception Index (CPI) is based onthe ranking of “180 countries by their perceived levels of corruption, as determined by expert assessments and opinion surveys” according to TransparencyInternational. We have taken these rankings, added some additional countriesin some cases where they were not included in the survey, and then divided theminto Low, Medium, and High, using quartiles once again.Human TraffickingThis measure is taken from the U.S. Department of State three-tier listing ofcountries it classifies as making a strong effort to control human trafficking,making some effort, or making very little effort. The classifications are takenfrom the U.S. Department of State Trafficking in Persons Report 2008, found athttp://www.state.gov/g/tip/rl

prison rates and crime rates. The riddle can be stated thus: more punishment should reduce crime, but more crime requires more punishment. One would think that the costs in public relations to a nation would be far too high to allow for the publication of crime and punishment statistics. So it is an

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