If a doctor/nurse infects you with HIV, should they get the death penalty if they were TORTURED to testify?

Question

The HIV trial in Libya (Arabic: قضية الأيدز في ليبيا; literally: AIDS in Libya trial) concerns the trial, conviction, and the death sentences imposed by a Libyan court against the Benghazi Six: five Bulgarian nurses (Kristiyana Valtcheva, Nasya Nenova, Valentina Siropulo, Valya Chervenyashka, and Snezhana Dimitrova) and one Palestinian physician (Ashraf al-Hajuj (also transliterated al-Hadjudj)). Based on confessions of al-Hajuj, Valtcheva and Siropulo (allegedly extracted by torture),[1] the court convicted the six of causing an HIV epidemic among hundreds of children in a Benghazi hospital and sentenced them all to death by firing squad. However, as a result of an appeal by the Benghazi Six, their death sentences were overturned on December 25, 2005, by Libya's Supreme Court and a re-trial ordered.

The new trial began in Tripoli on May 11, 2006, and proceeded very slowly. At the June 20 hearing, the court's president denied permission for foreign experts to testify.[2] On 28 August, when the prosecution was scheduled to close its case, the Libyan prosecutor called for the five Bulgarian nurses and a Palestinian doctor to be sentenced to death. Attorneys from Lawyers Without Borders[3], who handled the defence of the six, responded by calling for the international community to request that the court order an independent scientific assessment, by international AIDS experts, of how the children became infected.[4] Such an assessment was done, an evaluation of genetic material, and it was found that many of the children were infected years before the Benghazi Six arrived in Libya[5][6][7] (see below) — this was reported after the trial had ended but before verdict was announced.

On December 19, 2006, the court announced sentences of death for all of the Benghazi Six.[8] However, this latest trial "will not be the final step in the Libyan legal process... it could be appealed again to the supreme court and could then go to the Libyan higher judicial council, which might grant clemency."[9]

http://en.wikipedia.org/wiki/HIV_trial_in_Libya

Answer 1

You seem aware that these nurses and doctor could not have contributed to the deaths from AIDS. Whether or not they were tortured into confessing, they should face no punishment.

Indeed, it is the Libyan authorities who have pursued this ill conceived case who should be punished. The 6 defendents should be set free immediately.

As an aside, it is interesting that there are numerous cases in the United States where prisoners have confessed to crimes they did not commit. These include cases where the defendent was retarded (confessing to please the interrogators) or was very young and manipulated into thinking he could go home once he confessed. Many convictions based on these false confessions have been overturned, including some where the defendent had been sentenced to death: Johnny Ross, Louisiana- confessed, sentenced to death in 1975, charges dropped 1981. Ronald Jones, Illinois- confessed and sentenced to death 1989, charges dismissed 1999. Earl Washington, Virginia, confessed and sentenced to death in 1984, given absolute pardon in 2000, with DNA evidence of his innocence. There is evidence that in some of these cases, the prisoner was beaten by the police. And there are many more false confessions for a variety of serious crimes which ended in life sentences.

The United States in very bad company in continuing to practice capital punishment. This group includes China, Saudi Arabia, Iran. Among the world's advanced democracies, only the United States and Japan are on this list.

Answer 2

If these children was indeed infected on purpose then yes the death penalty should be given.
But however as a scientific assessment was done and it was proven that these kids were infected before the nurses and the doctor started working there, I belief they should be set free.
I do feel so sorry for those kids and there family but don't let innocent people pay.

There is one thing I would love to know, why was the Libyan nurses and doctors arrested and then released? Why only charge the Bulgarian nurses and the Palestinian doctor? And why claim $15 million per child?

Answer 3

I'm not sure I understand all the facts, but I don't see why the death penalty should even be considered if the AIDS infections were accidental.

Answer 4

Yes