Judicial structure of Shabsougs and Natuhay society Shapsougs and Natuhais did not have permanent courts or judges. Judges (Tarkohas) are assigned with the mutual agreement of both parties. The number of judges can change depending on the difficulty of the case. The case is brought up in the holy groves. The oath is given by touching a stick cut from the grove's trees with words 'I swear by the name of the one who created this tree...' Two barristers (tlukuo) are selected to represent both parties, each of whome forms a separate circle on a certain distance from the other. The barristers move from their circle to the opposite and voice the opinion and satements of both parties to the point when all details of the case are made clear to judge and the opposing side. The witnesses are selected among people famed for their honesty and integrity. They should not be related to any side or have personal interests in the court's decision. Their number, too, varies depending on the difficulty of the case but should not be less than two. After witnesses address the court, the judge retreats to make a decision. Before the decision is made known to both sides, they make official statements to accept the decision of the court, watever it might be. The decision of the court can be one of the two: a fine or a death sentence. The fine must be paid in presence of barristers or judges of this particular case within a specific deadline. A small part of a fine is repaid to the judge, larger one goes to the clan of the accuser and the largest to the accuser's family. If the accused one did not fulfill the promise to pay the fine in time, which can happens quite often, the accuser has a right to take any property of the other party and leave a stick near the house of the accussed to remind about the debt. If this method does not help , the aaccuser can act more agressively by setting any property, including a house, on fire. He, however, must warn the family members of the accused party about life danger by traditional signal like shooting into the air. Sometimes, depending on the case, the fines can be very extensive. If the family has no means to pay out the debt, the whole clan takes the responsibility over the fine. If a fine is too big for a clan the help was asked in neigboring communities or even villages. Thus, each member found himself responsible for his misdeeds in front of the whole community. Moreover, if one member caused many fines to a clan, the clan has a right to give up its shared responsibility and cease its support. In this case the member loses any guarantees of personal safety and can be prosecuted by the accuser. The death sentence (psi-hedz) is a rare verdict of the case. It can be only ruled out when, as written above, the accusesd party repeatedly broke the law and his clan is not willing to share financial punishment. There are two ways to fulfill the death sentence: Slave kills the guilty person tied to a tree, or Stone is tied to the neck of the person and he is thrown into the water, whence comes the name of the death sentence - psi-hedz. Organizations and Public Life Traditions of Shabsougs and Natuhays, 1866, L. Lulie Click here to see also an article on regulations of Civil and Criminal issues among Circassians. |