Johnson Aziga, Photograph by: Handout, CNS
On Tuesday, Hamilton began in a port city in the Canadian province of Ontario, Johnson's trial Aziga.Será the first case in Canada where a person is convicted of two counts of first degree murder after having intercourse sex without warning his HIV positive status.
hearing is expected to have a duration of three weeks after hearing from numerous witnesses and evaluate the options presented by the defense to reduce a sentence of 54 years.
In June 2008, Johnson Aziga was charged with first degree murder and aggravated sexual assault for having unprotected sex without revealing with 13 women living with HIV.
During the trial, the jury heard that two women, identified only as HC and SB, were infected with HIV lethally Aziga, who never said anything about his health and after developing AIDS-related cancers died. Five other couples Aziga sex tested positive for HIV, while four other women were negative.
Prosecutors told jurors that Aziga "outright lied" about his HIV status, in some cases to convince its partners not to use condoms. He was convicted by a jury in 2009.
Developments in the case of Johnson Aziga
Johnson Aziga former employee in the Ministry of Ontario has been in prison since August 2003, was placed in custody in a provincial facility for maximum security detention until the trial was held.
Case of cruel and unusual
During his stasis
Aziga was isolated from the rest of the population penitenciaria.Alegó who had been stigmatized by the other prisoners and prison staff as a result of their HIV status and the charges against him, and did not receive adequate medical care.
Lofchik Judge concluded that the riots in which he had been involved Aziga were a result of interpersonal conflict and not the stigma as a result of its status VIH.Dijo that Aziga received reasonable medical care and medical isolation was a necessary precaution to protect the rest of the prison population.
Process to exclude potential jurors
In a separate action in August 2008, Aziga asked the Court to be allowed to exclude potential jurors because of racial prejudice in relation to HIV and as a result of publications in the media.
To find out, Aziga asked four questions were made to the jury in relation to:
-related harm is the fact that a black man Aziga Canadian living with HIV who was born in Uganda, while the potential victim were white.
-potential damage from the recent coverage in the media HIV and the transmission penalty.
, the perception of the risks of HIV transmission.
-the "fears, assumptions and prejudices" about HIV that could affect decisions and ability to evaluate evidence.
Given the precedents set in previous cases, the Court ruled that a "presumption of impartiality," also found that the reports in the media as a result of Aziga case could prevent jurors are impartial, but felt it was "too speculative" to suggest that the emotions that surround HIV / AIDS could cause unexpected behavior and unfair rulings by judges, so the Court did not allow a disposal action on that basis.
Also in August 2008, one of the women involved in the case of Aziga launched a civil suit for six million dollars against Aziga, Hamilton Police and the Hamilton Health Department for failing to warn about the positive status Aziga of HIV. The lawsuit alleges that local police and the Health Department knew the HIV status of Aziga but used as "bait" to involve Aziga.
On Monday his lawyer Davies Bagambiire, said "This has been a long and difficult case is unprecedented."
Bagambiire, argued that his client, a native of Uganda continues to suffer in prison the stigma associated with the disease.
"In jail, people, obviously, has been stigmatized as someone with HIV. They think they are having with caution Aziga is because they will not be infected by él.Eso is typical of prison life has never changed. "
"It has nothing to do with it, has to do with the nature of this society," said Bagambiire. "
is clear that a dangerous offender designation allows the court to impose an indeterminate sentence: a dangerous criminal can remain in custody until deemed no longer a public menace. A conviction for first degree murder carries a sentence of life imprisonment without possibility of parole for 25 years.
Some legal experts have harshly criticized the case as it sets a dangerous precedent criminalizing HIV patients.
Ref: Montreal Gazette
COMMENT
Now Johnson Aziga Canada wants to be declared dangerous offender, which means that after spending his first 25 years in jail be 71, but has not been released from prison since his arrest.
Are not enough
25 years without parole?
Although judging by the photo, Aziga are taking protease inhibitors against HIV / AIDS, a lethal injection slow, although in Canada supustamete the death penalty was eliminated in 1962.
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