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Family of slain OFW in Kuwait forgives ‘killer'
By Gloria Esguerra Melencio
Published in The Saudi Gazette on 21 - 05 - 2009

The family of a slain Filipino worker in Kuwait has forgiven the killer, sparing him from a death penalty, the Department of Foreign Affairs (DFA) here said on Wednesday.
The DFA said the family granted a tanazul (waiver) to Bienvenido Espino, the alleged killer, that spared him from the death row.
The tanazul is an affidavit of forgiveness under Shariah law executed by the heirs of the victim, or the victim himself if he survives an attack, the DFA said.
The Kuwait Court of Cassation requires a tanazul from a victim or the family to settle the private rights of the agrieved, it said.
Espino has been charged with the killing Jhiyas Gumapac, a compatrior, in Kuwait in 2007.
The family decided to forgive Espino following a series of negotiations made by the DFA's Office of Undersecretary for Migrant Affairs and Philippine Ambassador to Kawait, Ricardo Endaya, the DFA quoted Joel Gumapac, the victim's father, as saying.
He did not say whether the family was offered blood money to settle the case.
The DFA said that in cases of death or injury, a Shariah court hears the case on two aspects - the private and the public rights.
The private right can be settled if a victim or his family signs a tanazul to forgive the killer or offender, the DFA said, adding that the tanazul can lead to the settling of the public aspect of the case.
In Kuwait, a tanazul will allow the offender to be freed from his private obligation to the victim, the DFA said.
Only the Amir (King) of Kuwait can grant a pardon which will free a convicted offender from his public obligation, it added.
The DFA did not give the circumstances of the killing or the jobs of both the victim and his killer in Kuwait. There have been cases of crimes involving Filipinos working abroad. In Dubai, a Filipino security guard killed his wife a few months ago on suspicion of infidelity.


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