WASHINGTON: The US Supreme Court on Friday reinstated convicted Boston Marathon bomber Dzhokhar Tsarnaev’s death sentence for his role in the 2013 attack that killed three people and wounded more than 260 others, ruling in favor of the federal government.
In a 6-3 decision, the justices sided with the Justice Department’s challenge to a 2020 federal appeals court ruling that had upheld Tsarnaev’s conviction but overturned his death sentence.
The Supreme Court faulted the Boston-based 1st US Circuit Court of Appeals on its findings both that Tsarnaev’s right to a fair trial under the US Constitution’s Sixth Amendment was violated and that the trial judge wrongly excluded certain evidence about a separate crime.
“Dzhokhar Tsarnaev committed heinous crimes. The Sixth Amendment nonetheless guaranteed him a fair trial before an impartial jury. He received one,” conservative Justice Clarence Thomas wrote for the court.
The court’s six conservative justices were in the majority, with its three liberals dissenting.
President Joe Biden as a candidate promised to work to pass legislation in Congress to eliminate the death penalty at the federal level and set incentives for states to do as well, instead endorsing life sentences without probation or parole. But his administration last year opted to proceed with an appeal initially launched by the Justice Department under his predecessor Donald Trump to defend Tsarnaev’s death sentence.
In a dissenting opinion, liberal Justice Stephen Breyer agreed with 1st Circuit that evidence about the separate crime, a 2011 triple murder in Waltham, Massachusetts linked to Tsarnaev’s older brother Tamerlan, was improperly excluded.
Lawyers for Tsarnaev, who is 28 now and was 19 at the time of the attack, have argued that Tsarnaev played a secondary role in the marathon bombing to his brother, who they called “an authority figure” with “violent Islamic extremist beliefs.” As such, the evidence about another crime Tamerlan allegedly committed would be relevant, they argued.
“This evidence may have led some jurors to conclude that Tamerlan’s influence was so pervasive that Dzhokhar did not deserve to die for any of the actions he took in connection with the bombings, even those taken outside of Tamerlan’s presence,” Breyer wrote.
“And it would have taken only one juror’s change of mind to have produced a sentence other than death, even if a severe one,” added Breyer, who in the past has questioned the constitutionality of the death penalty.
The primary source of the evidence about the other murders, a man named Ibragim Todashev, was killed by an FBI agent in 2013 when he attacked officers during an interview.
The Supreme Court also found that US District Judge George O’Toole, who presided over the trial, did not violate Tsarnaev’s right to a trial in front of an impartial jury by failing to properly screen jurors for potential bias following pervasive news coverage of the bombings.
CONVICTED ON ALL COUNTS
The Tsarnaev brothers detonated two homemade pressure-cooker bombs at the marathon’s finish line on April 15, 2013, and days later killed a police officer. Tamerlan Tsarnaev died after the gunfight with police.
Jurors convicted Dzhokhar Tsarnaev in 2015 on all 30 counts he faced and determined he deserved execution for a bomb he planted that killed Martin Richard, 8, and Chinese exchange student Lingzi Lu, 23. Restaurant manager Krystle Campbell, 29, was killed by the second bomb.
Marc Fucarile, who lost his right leg in the second blast, said the Supreme Court “did the right thing” and that the three justices who dissented “should be ashamed.” But Fucarile said he has no confidence that the death sentence would ultimately be carried out, especially under the Biden administration.
“He got what he deserves,” said Fucarile, 43. “I think we need to send a message, you can’t just kill innocent people and set off bombs in crowds of people.”
No federal inmates were executed for 17 years before Trump oversaw 13 executions in the last six months of his term. Biden’s attorney general, Merrick Garland, last July imposed a moratorium on federal executions while the Justice Department reviews the death penalty.
White House Press Secretary Jen Psaki said in March 2021 that Biden continues to have “grave concerns about whether capital punishment, as currently implemented, is consistent with the values that are fundamental to our sense of justice and fairness.”
US Supreme Court reinstates Boston Marathon bomber’s death sentence
https://arab.news/jxv9f
US Supreme Court reinstates Boston Marathon bomber’s death sentence
- The court's six conservative justices were in the majority, with its three liberals dissenting
- Lawyers for Tsarnaev have argued that he played a secondary role in the marathon bombing to his brother
India’s former PM Manmohan Singh dies aged 92
India “mourns the loss of one of its most distinguished leaders,” Modi posted on social media platform X shortly after news broke of Singh’s passing.
“As our Prime Minister, he made extensive efforts to improve people’s lives.”
Singh was taken to a hospital in New Delhi after he lost consciousness at his home on Thursday, but could not be resuscitated and was pronounced dead at 9:51 p.m. local time, according to a statement by the All India Institute of Medical Sciences.
Singh, who held office from 2004 to 2014, is credited with having overseen an economic boom in Asia’s fourth-largest economy in his first term, although slowing growth in later years marred his second stint.
“I have lost a mentor and guide,” opposition Congress leader Rahul Gandhi said in a statement, adding that Singh had “led India with immense wisdom and integrity.”
“Millions of us who admired him will remember him with the utmost pride,” said Gandhi, a scion of India’s powerful Nehru-Gandhi dynasty and the most prominent challenger to Modi.
Mallikarjun Kharge, leader of the opposition in parliament’s upper house, said “India has lost a visionary statesman, a leader of unimpeachable integrity, and an economist of unparalleled stature.”
President Droupadi Murmu wrote on X that Singh will “always be remembered for his service to the nation, his unblemished political life and his utmost humility.”
Born in 1932 in the mud-house village of Gah in what is now Pakistan, Singh studied economics to find a way to eradicate poverty in India and never held elected office before taking the vast nation’s top job.
He won scholarships to attend both Cambridge, where he obtained a first in economics, and Oxford, where he completed his PhD.
Singh worked in a string of senior civil posts, served as a central bank governor and also held various jobs with global agencies including the United Nations.
He was tapped in 1991 by then Congress prime minister P.V. Narasimha Rao to reel India back from the worst financial crisis in its modern history.
In his first term Singh steered the economy through a period of nine-percent growth, lending India the international clout it had long sought.
He also sealed a landmark nuclear deal with the United States that he said would help India meet its growing energy needs.
Known as “Mr Clean,” Singh nonetheless saw his image tarnished during his decade-long tenure when a series of corruption cases became public.
Several months before the 2014 elections, Singh said he would retire after the polls, with Sonia Gandhi’s son Rahul earmarked to take his place if Congress won.
But Congress crashed to its worst-ever result at that time as the Hindu-nationalist Bharatiya Janata Party, led by Modi, won in a landslide.
Singh — who said historians would be kinder to him than contemporary detractors — became a vocal critic of Modi’s economic policies, and more recently warned about the risks that rising communal tensions posed to India’s democracy.
Russia missile suspected in Azerbaijani plane crash, Moscow warns against ‘hypotheses’
- Pro-government Azerbaijani website Caliber cited officials as saying they believed a Russian missile fired from a Pantsir-S air defense system downed the plane
ASTANA: Azerbaijani and US officials believe a Russian surface-to-air missile caused the deadly crash of an Azerbaijani passenger jet, media reports and a US official said Thursday, as the Kremlin cautioned against “hypotheses” over the disaster.
The Azerbaijan Airlines jet crashed near the Kazakh city of Aktau, an oil and gas hub, on Wednesday after going off course for undetermined reasons.
Thirty-eight of the 67 people on board died.
The Embraer 190 aircraft was supposed to fly northwest from the Azerbaijani capital Baku to the city of Grozny in Chechnya, southern Russia, but instead diverted far off course across the Caspian Sea.
An investigation is underway, with pro-government Azerbaijani website Caliber citing unnamed officials as saying they believed a Russian missile fired from a Pantsir-S air defense system downed the plane.
The claim was also reported by The New York Times, broadcaster Euronews and the Turkish news agency Anadolu.
Some aviation and military experts said the plane might have been accidentally shot by Russian air defense systems because it was flying in an area where Ukrainian drone activity had been reported.
A former expert at France’s BEA air accident investigation agency said there appeared to be “a lot of shrapnel” damage on the wreckage.
Speaking on condition of anonymity, he said the damage was “reminiscent” of Malaysia Airlines flight MH17, which was downed with a surface-to-air missile by Russia-backed rebels over eastern Ukraine in 2014.
Kremlin spokesman Dmitry Peskov told reporters: “It would be wrong to make any hypotheses before the investigation’s conclusions.”
Euronews cited Azerbaijani government sources as saying that “shrapnel hit the passengers and cabin crew as it exploded next to the aircraft mid-flight.”
A US official, speaking on condition of anonymity, also said early indications suggested a Russian anti-aircraft system struck the plane.
Kazakhstan news agency Kazinform cited a regional prosecutor as saying that two black-box flight recorders had been recovered.
Azerbaijan Airlines initially said the plane flew through a flock of birds, before withdrawing the statement.
Kazakh officials said 38 people had been killed and there were 29 survivors, including three children.
Jalil Aliyev, the father of flight attendant Hokume Aliyeva, told AFP that this was supposed to have been her last flight before starting a job as a lawyer for the airline.
“Why did her young life have to end so tragically?” the man said in a trembling voice before hanging up the phone.
Eleven of the injured are in intensive care, the Kazakh health ministry said.
Azerbaijani President Ilham Aliyev declared Thursday a day of mourning and canceled a planned visit to Russia for an informal summit of the Commonwealth of Independent States (CIS), a grouping of former Soviet nations.
“I extend my condolences to the families of those who lost their lives in the crash... and wish a speedy recovery to the injured,” Aliyev said in a social media post Wednesday.
The Flight Radar website showed the plane deviating from its normal route, crossing the Caspian Sea and then circling over the area where it eventually crashed near Aktau, on the eastern shore of the sea.
Kazakhstan said the plane was carrying 37 Azerbaijani passengers, six Kazakhs, three Kyrgyz and 16 Russians.
A Kazakh woman told the local branch of Radio Free Europe/Radio Liberty (RFE/RL) she was near where the plane crashed and rushed to the site to help survivors.
“They were covered in blood. They were crying. They were calling for help,” said the woman, who gave her name as Elmira.
She said they saved some teenagers.
“I’ll never forget their look, full of pain and despair,” said Elmira. “A girl pleaded: ‘Save my mother, my mother is back there’.”
Russian President Vladimir Putin held a phone conversation with Aliyev and “expressed his condolences in connection with the crash,” Peskov told a news conference.
Manmohan Singh, India’s reluctant prime minister, dies aged 92
- The first Sikh in office, 92-year-old Singh was being treated for age-related medical conditions
- He is credited with steering India to unprecedented economic growth, lifting millions out of poverty
NEW DELHI: Described as a “reluctant king” in his first stint as prime minister, the quietly spoken Manmohan Singh was arguably one of India’s most successful leaders.
The first Sikh in office, Singh, 92, was being treated for age-related medical conditions and died after he was brought to hospital after a sudden loss of consciousness on Thursday.
He is credited with steering India to unprecedented economic growth and lifting hundreds of millions out of dire poverty. He went on to serve a rare second term.
Prime Minister Narendra Modi said: “India mourns the loss of one of its most distinguished leaders, Dr. Manmohan Singh Ji.”
He applauded the economist-turned-politician’s body of work.
Born into a poor family in a part of British-ruled India now in Pakistan, Singh studied by candlelight to win a place at Cambridge University before heading to Oxford, earning a doctorate with a thesis on the role of exports and free trade in India’s economy.
He became a respected economist, then India’s central bank governor and a government adviser but had no apparent plans for a political career when he was suddenly tapped to become finance minister in 1991.
During that tenure to 1996, Singh was the architect of reforms that saved India’s economy from a severe balance of payments crisis, promoted deregulation and other measures that opened an insular country to the world.
Famously quoting Victor Hugo in his maiden budget speech, he said: “No power on earth can stop an idea whose time has come,” before adding: “The emergence of India as a major economic power in the world happens to be one such idea.”
Singh’s ascension to prime minister in 2004 was even more unexpected.
He was asked to take on the job by Sonia Gandhi, who led the center-left Congress party to a surprise victory. Italian by birth, she feared her ancestry would be used by Hindu-nationalist opponents to attack the government if she were to lead the country.
Riding an unprecedented period of economic growth, Singh’s government shared the spoils of the country’s new found wealth, introducing welfare schemes such as a jobs program for the rural poor.
In 2008, his government also clinched a landmark deal that permitted peaceful trade in nuclear energy with the United States for the first time in three decades, paving the way for strong relations between New Delhi and Washington.
But his efforts to further open up the Indian economy were frequently frustrated by political wrangling within his own party and demands made by coalition partners.
“HISTORY WILL BE KINDER TO ME”
And while he was widely respected by other world leaders, at home Singh always had to fend off the perception that Sonia Gandhi was the real power in the government.
The widow of former prime minister Rajiv Gandhi, whose family has dominated Indian politics since independence from Britain in 1947, she remained Congress party leader and often made key decisions.
Known for his simple lifestyle and with a reputation for honesty, Singh was not personally seen as corrupt. But he came under attack for failing to crack down on members of his government as a series of scandals erupted in his second term, triggering mass protests.
The latter years of his premiership saw India’s growth story, which he had helped engineer, wobble as global economic turbulence and slow government decision-making battered investment sentiment.
In 2012, his government was tipped into a minority after the Congress party’s biggest ally quit their coalition in protest at the entry of foreign supermarkets.
Two years later Congress was decisively swept aside by the Bharatiya Janata Party under Narendra Modi, a strongman who promised to end the economic standstill, clean up graft and bring inclusive growth to the hinterlands.
But at a press conference just months before he left office, Singh insisted he had done the best he could.
“I honestly believe that history will be kinder to me than the contemporary media or, for that matter, the opposition parties in parliament,” he said.
Singh is survived by his wife and three daughters.
UN calls for investigation into Pakistan’s alleged air strikes on Afghanistan border
- UN mission in Afghanistan says dozens of civilians killed in airstrikes this week by Pakistan in Paktika province
- Islamabad accuses Kabul of harboring militant fighters, allowing them to strike on Pakistani soil with impunity
KABUL: The UN mission to Afghanistan on Thursday called for an investigation into Pakistani air strikes in Afghanistan, in which the Taliban government said 46 people were killed, including civilians.
The United Nations Assistance Mission in Afghanistan (UNAMA) said it had “received credible reports that dozens of civilians, including women and children, were killed in airstrikes by Pakistan’s military forces in Paktika province, Afghanistan, on 24 December.”
“International law obliges military forces to take necessary precautions to prevent civilian harm,” the agency said in a statement, adding an “investigation is needed to ensure accountability.”
The Taliban government said the 46 deceased were mainly women and children, with another six wounded, mostly children.
An AFP journalist saw several wounded children in a hospital in the provincial capital Sharan, including one receiving an IV and another with a bandaged head.
A Pakistan security official told AFP on Wednesday the bombardment had targeted “terrorist hideouts” and killed at least 20 militants, saying claims that “civilians are being harmed are baseless and misleading.”
On a press trip to the area organized by Taliban authorities, AFP journalists saw four mud brick buildings reduced to rubble in three sites around 20-30 kilometers (10-20 miles) from the Pakistan border.
AFP spoke to multiple residents who said the strikes hit in the late evening, breaking doors and windows in villages and destroying homes and an Islamic school.
Several residents reported pulling bodies from the rubble after strikes targeted houses, killing multiple members of the same families.
Afghanistan’s Minister of Borders and Tribal Affairs Noorullah Noori called the attack “a brutal, arrogant invasion.”
“This is unacceptable and won’t be left unanswered,” he said during the site visit.
Pakistani foreign ministry spokesperson Mumtaz Zahra Baloch did not confirm the strikes but told a media briefing on Thursday: “Our security personnel conduct operations in border areas to protect Pakistani from terror groups, including TTP.”
She was referring to the Tehreek-e-Taliban Pakistan (TTP) — Pakistan’s homegrown Taliban group which shares a common ideology with its Afghan counterpart.
The TTP last week claimed a raid on an army outpost near the border with Afghanistan in which Pakistan said 16 soldiers were killed.
Baloch said Pakistan prioritized dialogue with Afghanistan, and that Islamabad’s special envoy, Sadiq Khan, was in Kabul meeting with officials where “matters of security” and “terror groups including TTP” were discussed.
The strikes were the latest spike in hostilities on the frontier between Afghanistan and Pakistan, with border tensions between the two countries escalating since the Taliban government seized power in 2021.
Islamabad has accused Kabul’s authorities of harboring militant fighters, allowing them to strike on Pakistani soil with impunity — allegations Kabul denies.
Asian countries mark 20 years since the world’s deadliest tsunami
- Indonesia launched its early tsunami warning system in the aftermath of the 2004 disasters
- Its westernmost Aceh province was the hardest-hit, with some 170,000 people killed
JAKARTA: Herman Wiharta began that Sunday morning like many 11-year-olds would on a weekend: watching cartoon shows on TV.
But at around 8 a.m., he felt the powerful tremors from a 9.1-magnitude earthquake that struck off the coast of Indonesia’s Sumatra island, which then triggered the tsunami that inundated the coastline of more than a dozen countries and killed some 230,000 people.
Wiharta, now 31, recalled his brother calling out to him to leave their house in Banda Aceh minutes after the quake and how they had attempted to run to safety. He remembered hearing people scream about the rising sea water before he himself was swept away by a giant wave.
“I lost consciousness when the wave hit me and I woke up on a roof, confused. Thankfully, my brother and sister were also on that roof,” he told Arab News.
“We were able to see just how black the water was from that spot, how strong the currents were. The water was about 4 to 5 meters high; cars and motorbikes were floating, and I could see bodies being swept away by the currents, too. It was terrifying.”
The tsunami on Dec. 26, 2004 quickly escalated into a global disaster, with some 1.7 million displaced.
The brunt of the tsunami was felt in Indonesia, where almost 170,000 people perished. The country’s westernmost province of Aceh was the hardest-hit of all, while Sri Lanka, India and Thailand were among the worst-affected countries.
“It was impossible to sleep that night. We could still hear people screaming for help and the dogs were howling. Everything was just so eerie. The disasters happened so quickly, but they were deeply traumatizing,” Wiharta said.
“It was even worse the day after. We could see bloated human and animal corpses, and the smell was just terrible. I can still picture that scene in my mind to this day.”
Across Asia on Thursday, people attended ceremonies and memorials held to mark 20 years since the deadliest tsunami in recorded history.
Coastal communities were united in grief as they also commemorated how far they had come after two decades of rebuilding and regrouping.
In Sri Lanka, where more than 35,000 people were killed, survivors and relatives gathered in the coastal village of Peraliya to remember the 1,000 victims who died when waves derailed a passenger train.
In Thailand, where half of the death toll of 5,000 were foreign tourists, commemorations were held in Ban Nam Khem, the country’s worst-hit village. People laid flowers and wreaths at a wall curved in the shape of a tsunami, which also bears plaques with the names of the victims.
In India, where around 20,000 people perished, women led the rituals held at Pattinapakkam beach in Chennai, where they lit candles and offered flowers for the victims.
In Banda Aceh city, an official ceremony held at the Baiturrahman Grand Mosque began with a three-minute-long siren at the exact time the major earthquake caused giant waves. People also gathered for prayers at the city’s mass graves — Ulee Lheue and Siron — where thousands of unidentified and unclaimed tsunami victims are buried.
In the years since, infrastructure across Aceh has been rebuilt and is now stronger to withstand major disasters. Early warning systems have also been set up in areas closer to shores, to warn residents of a potential tsunami.
Indonesia’s early tsunami warning system was launched only in 2008 in the aftermath of the disasters, said Daryono, the head of the earthquake and tsunami center at Indonesia’s meteorology, climatology and geophysical agency.
“Before the 2004 Aceh earthquake and tsunami … there were too many people who did not understand the threat, or the danger and risks of a tsunami,” Daryono told Arab News.
“But what happened in 2004 became a starting point to raise awareness on earthquake and tsunami mitigation and also to develop high-tech monitoring for earthquakes and early tsunami warning systems.”
Yet Aceh resident Wiharta was concerned with the direction of development in the province, particularly on the beaches of Aceh Besar district where many new cafes have been popping up in recent years.
“It’s important not to cut down the trees for the sake of building these cafes. It’s better to plant more trees, especially mangroves, so that they can help defend against potential tsunamis,” he said.
“I think the early warning systems also need to be fixed or reset to make sure that they are properly working for early evacuations, since many are either broken or stolen.”
