State v Wapulae Case Notes

Here are the answers to your questions based on the provided text:

What are the facts of the case?
Five men were charged with the willful murder of Utomo Polio. They believed she was a sorceress responsible for deaths in their villages. While escorting her to the Kiap for reporting under State law, she tried to escape. Yaulipa Bulaim caught her, and then Luku Wapulae, Piope Kune, and Unama Aumane shot her with arrows. Yaulipa Bulaim, the deceased’s son, admitted to telling the others to kill his mother due to shame caused by accusations against her. The accused fled without confirming her death but reported it to their tultul.

Who is the victim/are the victims in this case?
The victim is Utomo Polio, who the accused believed to be a sorceress.

What human rights might have been violated?
The victim's right to life, right to liberty, and right to a natural death were violated.

Did the offenders believe in human rights? If not, what did they believe in?
The offenders did not seem to prioritize universal human rights as defined by the nation-state. They adhered strictly to their society's customs and mores, believing in the necessity of killing sorcerers/sorceresses to protect their community.

What did the court decide (what was the sentence)?
The court imposed a term of imprisonment of 3 months with hard labor on each of the prisoners and ordered each of them to pay 5 mature pigs to the deceased’s younger son immediately upon release.

Why did the court decide like this? (What factors did the court take into account and how did the judge balance them out?)
The court took into account several factors:

• Cultural Context: The prisoners came from a remote area with minimal contact with the outside world and adhered strictly to traditional lifestyles.
• Belief in Sorcery: The accused believed the woman was a sorceress posing a continuous threat to their community.
• Mitigating Factors: The absence of a detailed plan, the fact that the killing occurred after the woman tried to escape, and the offenders' willingness to offer compensation were considered.
• Aggravating Factors: The abuse of trust in holding the woman hostage was noted but balanced against the fear and mass psychology under which they acted.
• Impact on Community: The court considered the impact of imprisonment on the sparsely populated community and the potential disruption of social structures.