GUILTY South Africa - Amy Biehl, 25, Gugulethu, 25 Aug 1993

Giucy

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Ok, not a recent case, but 20 years after sentencing.

In 1994, the verdict : https://web.stanford.edu/dept/news/pr/94/941025Arc4082.html
Linda Biehl's views and wishes in those days :
Reached by telephone in Newport Beach, Calif., Biehl's mother, Linda, told the Associated Press that she did not want the killers to be executed. "We are not believers in the death penalty and Amy wasn't." She said she hoped for a sentence that would be "as rehabilitative as possible."

Five years later, in 1997, the four convicted killers applied for amnesty to the TRC, Truth and Reconciliation Commission.
Hearings : Part 1
Part 2
Linda and Peter's views and wishes :
STATEMENT BY MR BIEHL

Thank you Mr Chairman, members of the Amnesty Committee for taking a few moments to hear our statement.

We come to South Africa as Amy came, in a spirit of committed friendship, and make no mistake about it extending a hand of friendship in a society which has been systematically polarised for decades is hard work at times. But Amy was always about friendship, about getting along, about the collective strength of caring individuals and their ability to pull together to make a difference, even to transform corrupt nation states.

In her valedictory in high school graduation speech in 1985 Amy quoted biologist Lewis Thomas on the importance of collective thinking. Thomas said,

"The drive to be useful is encoded in our genes, but when we gather in very large numbers, as in the modern nation state, we seem capable of levels of folly and self-destruction to be found nowhere else in all of nature".

But he continues,

"But if we keep at it and keep alive we are in for one surprise after another. We can build structures for human society never seen before, thoughts never thought before, music never heard before".

This was Amy at age 18. This was Amy on the day she died. She wanted South Africans to join hands to sing music never heard before, and she knew this would be a difficult journey.

On 21 June 1993, just two months before she died, Amy wrote in a letter to the Cape Times Editor, she said,

"Racism in South Africa has been a painful experience for Blacks and Whites and reconciliation may be equally painful. However, the most important vehicle toward reconciliation is open and honest dialogue".

Amy would have embraced your Truth and Reconciliation process. We are present this morning to honour it and to offer our sincere friendship. We are all here in a sense to consider and to value a committed human life which was taken without opportunity for dialogue. When this process is concluded we must link arms and move forward together.

Who then is Amy Biehl? Amy was one of our four children. Her sisters are Kim, who is now 31, Molly 27, and her brother Isak aged 20. We are very proud of all of our children and their accomplishments. But because Amy was killed in South Africa, because our lives have now become forever linked to South Africa we are here to share a little of Amy with you.

Amy was a bright, active child. She loved competitive sport such as swimming, diving, gymnastics among others. She played the flute, the guitar. She studied ballet. She was a focused student from the very beginning, always striving for straight A's. I'm going to read a page from Amy's high school journal so in her own words you can get a glimpse of her. This is Monday October 3rd 1983. She was 16.

"I have had more homework this year than I have ever had before. In lots of ways this has helped me because I have been forced to get organised and really dig in. But I have also been forced to stay up until 11:30 or 12:00 each night making me very cranky during the day. One thing that worries me is whether or not I will be able to keep this rigorous schedule up and still keep straight A's. Every night after school I have some activity to attend be it diving, band, flute or something else and starting in November I'll be swimming every day. I hate it when people say you should cut down your schedule, you're too busy, because I have already cut out several other activities. I'm kind of addicted to exercise and get very bored if I am not constantly busy. School is very important to me but being active and well-rounded are necessary for me to be happy. I want to have a 4.0, but I also want to be an award-winning drum major, first chair flute, a State champion diver, as far as I am concerned why can't I. I think I will be able to make it through this year. I am a very hard worker at everything I do, and as long as I know what I want I can get it. Besides getting a 90% on a Chemistry test makes staying up all night worth it".

Upon high school graduation she went on to Stanford University. It was her dream to do that. At Stanford she evolved as a serious student and she began to focus her academic work on the Southern African region. Her love of Nelson Mandela, as a symbol of what was happening in South Africa grew.

After her 1989 Stanford graduation she made her first trip to Africa. I am going to read her Statement of Purpose she compiled for her Ph.D programme to bring her forward to August 1993. And she wrote this the summer of 1993 shortly before her murder.

"Statement of Purpose - Amy Biehl.

My purpose in applying for graduate study is to complete a Ph.D in Political Science. Within the field I intend to focus on recent democratic transitions in Southern Africa building on my previous research and practical working experience in this area.

In September 1989 I received a degree in International Relations emphasising Third World development and Africa from Stanford University.

I completed a departmental Honours thesis on American Foreign Policy in South Africa entitled, Chester Crocker in the Negotiations for the Namibian Independence, the role of the individual in recent American Foreign Policy.

In May 1989 and subsequently received a Bowman Undergraduate scholarship to continue my research in Namibia from July to September 1989. My paper assessing the pre-election environment in Namibia was subsequently used at Stanford in its Modern African History course.

In September 1990, after a year of work for a Democratic Congressman on Capitol Hill I began work at the Washington based National Democratic Institute for International Affairs, NDI. NDI represents the Democratic Party internationally and conducts political development programmes in emerging democracies. With NDI I worked in Namibia, South Africa, Burundi, Congo, Giyana, Surinam and Zambia along with former President Jimmy Carter.

I wrote briefing papers on six African countries for Democratic Party chairman Ron Brown, and coordinated a visit by the Prime Minister of Namibia to the 1992 Democratic National Convention.

I also wrote an article on NDI's approach to democratisation in Africa published in an international journal.

Based on my undergraduate research experience and my work at NDI I developed a proposal to research the participation of women in South Africa's transition for which I received in 1992/93 Fullbright Scholarship.

I am currently based in Cape Town affiliated with the Community Law Centre at the University of the Western Cape, directed by Advocated Abdullah Omar.

I am working with Bridget Mabandla, senior researcher at the Community Law Centre. At the Community Law Centre I have undertaken the following projects; researching comparative structures for women in decision-making; analysing the constitutional proposals and technical committee reports currently being debated with regard to women and gender; locating women within various political organisations and coalitions and assessing the impact of women within these organisations with respect to evolving transitional structures.

I have written an occasional paper for the Community Law Centre focusing on structure for women in political decision-making.

In a chapter on women in the transition for an upcoming book to be published in the United States I have co-authored articles published in the Weekly Mail, the Argus, Democracy in Action and Femina.

At the completion of my grant period I will present a paper entitled Women in a Democratic South Africa from Transition to Transformation".

I could go on but this was basically what she was doing and what she intended to do was to pursue a Ph.D in Political Science, teach and study about politics and particulary African politics.

Who is Amy to South Africa and what is her legacy here?

Linda and I were struck by photos which appeared immediately after Amy's death in the Los Angeles Times and other newspapers around the world, which showed Amy as a freedom fighter, and in subsequently reading President Mandela's autobiography, A Long Walk to Freedom, and determining how President Mandela and his colleagues value the role of freedom fighting, we were struck when on June 1st 1996 in Los Angeles, California, at a dinner to honour Chinese dissidents and freedom fighters from Tianamen Square, Amy was presented the Spirit of Tianamen Square Award, posthumously, for her reputation and track record as a freedom fighter in many countries on the continent of Africa.

We think, in view of the importance of freedom fighting in our world this is a precious legacy of Amy for us. We think Amy's legacy in South Africa additionally is as a catalyst and perhaps her death represented a turning point in things in this country with specific regard to the violence which was occurring at the time.

We received literally hundreds of letters from South African citizens and I would read you just briefly from one which had to do with Amy as a catalyst in terms of the violence at the time.

"Dear Mr and Mrs Biehl..."

this is from an Eric van der Vyver of George, South Africa.

"Dear Mr and Mrs Biehl

Sometimes during one's lifetime something happens which is so unbelievably terrible and so very, very sad that one is left without words to convey the deep sympathy felt for family and loved ones. Your daughter's death has left millions of my country people feeling this way.

I am, however, completely convinced that August 25th 1993 will always be remembered as the day on which South Africa came to realise that we are leaning into an abyss of total self-destruction. Then Amy died and an entire nation took a step back. I hope and know that this will comfort you and please believe that what I am saying is true".

Amy's legacy is also as an advocate of human rights; an empowerer of women and children. Our beautiful women of mosaic who are seated here today and yesterday are a tangible evidence of Amy's legacy in South Africa. These women of courage work round the clock every day in the townships and informal settlements empowering and counselling women and children and enabling them to assume roles in the prevention of violence in their communities. Linda and I are very proud of mosaic and we can think of no more beautiful evidence of Amy's continuing legacy in your beautiful country.

Additionally Amy's friend and colleague, Rhoda Kadalie, who has now assumed the post, an important post in the Human Rights Commission, Amy would be very proud of that and very proud of Rhoda's and the Commission's continuing work to preserve human rights.

I would read to you briefly from a letter we received from Minister Dullah Omar dated on the 25th of August 1993.

"Everyone who knew Amy will bear witness that she worked untiringly in the gender research project to ensure that the issue of women's rights was prioritised on the agenda for a political settlement in South Africa. She was thus also highly regarded by all her colleagues and peers, both in Cape Town and indeed everywhere in the country for her diligence and commitment to the issue of women's rights.

We want to say to you that your beloved Amy became one of us in her spirited commitment to justice and reconciliation in South Africa. Amy's passing is not just a loss to the Community Law Centre, or University community, it is a loss for all committed democrats in this country.

Despite the fact that Amy was often very busy she managed to prepare a briefing paper or two for me. This is how I got to know Amy, always willing to help. I will therefore personally miss her a great deal".

Finally Amy's legacy to South Africa is as a friend. I will read just quickly from a letter we received dated August 27 1993 from Randy Arenson at the Centre for Development Studies.

"When Amy left my office on Wednesday she said to me, 'hey if I don't see you, thanks for everything'. The next time I saw her I was removing her jewellery from her dead body. I shuddered for a moment as I put the blood-stained bangles and rings into my pocket and I thanked her silently for being my friend.

I write to thank you and the rest of your family for giving Amy to us. I want you to know that she was a most sensitive and wonderful human being.

When I first encouraged her to come to South Africa to study and when I wrote the recommendations for Amy to receive the Fullbright Scholarship, and when I introduced her to my colleagues at the University I knew I was doing so for somebody I really believed in.

Together we travelled through South Africa helping to prepare our people for the country's first ever democratic elections. She danced with us late at night in the townships. Amy was so full of the rhythm of life she danced better than many Africans and was greatly envied for her ability to imbibe so much of the culture, traditions and history of our people.

Amy's death has brought home once again the potential beauty of this country to which she eventually gave her life".

Now in closing a few comments. We have the highest respect for your Truth and Reconciliation Commission and process. We recognise that if this process had not been a pre-negotiated condition your democratic free elections could not possibly have occurred. Therefore, and believing as Amy did in the absolute importance of those democratic elections occurring we unabashedly support the process which we recognise to be unprecedented in contemporary human history.

At the same time we say to you it's your process, not ours. We cannot, therefore, oppose amnesty if it is granted on the merits. In the truest sense it is for the community of South Africa to forgive its own and this has its basis in traditions of ubuntu and other principles of human dignity. Amnesty is not clearly for Linda and Peter Biehl to grant.

You face a challenging and extraordinarily difficult decision. How do you value a committed life? What value do you place on Amy and her legacy in South Africa? How do you exercise responsibility to the community in granting forgiveness in the granting of amnesty? How are we preparing prisoners, such as these young men before us, to re-enter the community as a benefit to the community, acknowledging that the vast majority of South Africa's prisoners are under 30 years of age? Acknowledging as we do that there's massive unemployment in the marginalised community; acknowledging that the residervism(?) rate is roughly 95%. So how do we, as friends, link arms and do something? There are clear needs for prisoner rehabilitation in our country as well as here. There are clear needs for literacy training and education, and there are clear needs for the development of targeted job skill training. We, as the Amy Biehl Foundation are willing to do our part as catalysts for social progress. All anyone need do is ask.

Are you, the community of South Africa, prepared to do your part? In her 21 June 1993 letter to the Cape Times editor Amy quoted the closing lines of a poem, Victoria West, written by one of your local poets. We would close our statement with these incredible words.

"They told their story to the children. They taught their vows to the children that we shall never do to them what they did to us".

Thank you for listening.
Hearings, Part 2


TRC granted amnesty to the 4 killers.
Amnesty decision : http://www.justice.gov.za/trc/media/pr/1998/p980728a.htm


Now, in 2008, we can learn that two of the killers work on their victim behalf : http://beta.latimes.com/world/la-fg-amy21-2008oct21-story.html
Another article, by Daily Maverick, dated 29 July 2015 : https://www.dailymaverick.co.za/art...ng-power-of-restorative-justice/#.Wgg2n4iDOM8
 

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