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Kyrgyzstani Calls for Abolition, Russia Urged to Abolish, South Africa Empties Death Row through commutation, Threats of a Death Penalty part of Harassment Case Against US Authorities

30 November 2006

Radio Free Europe reports that Kyrgyz activists are calling for abolition in the country. Kyrgyzstan has had a moratorium in place since 1998, though courts still issue death sentences. If Kyrgyzstan does manage to bring about abolition it will become only the second Central Asian Republic after Turkmenistan to do so (although Izbekistan is expected to abolish the death penalty by 2008).

In a related story, Russia, currently with a moratorium on the death penalty, is facing calls from the EU to sign and ratify Protocol No. 6 to the European Convention on Human Rights, which is an older and slightly weaker abolition protocol than Protocol No 13. The difference being that Protocol No. 6 only requires abolition for ordinary crimes but allows a state to maintain the death penalty for times of war with respect to crimes, e.g.., of high treason. Protocol No. 13 requires complete abolition at all times and for all crimes. Russia's present moratorium was recently extended by the Duma (see articles below).

The fourth remaining Death Row inmates in South Africa (SA declared the death penalty void in 1997), Willy Sibiya, Purpose Khumalo, Jacob Geldenhuys and David Nkuna, have had their cases commuted. "Judge Zak Yacoob said the Constitutional Court's 1995 judgment declaring the death penalty unconstitutional now had been carried out fully in practice." - according to South Africa's News 24 - all sentences that had been imposed, have now been issued other sentences under the law.

The Oregon Register-Guard reports that US Authorities have settled with a Muslim lawyer wrongly accused of involvement in terrorism after an apparent bungle by an FBI Fingerprint lab. Part of the allegations Brandon Mayfield alleged were threats of being sentenced to death, as well as using the US Patriot Act in violation of the US Constitution to obtain his personal records while he was under investigation. He also alleges that he was actually targetted because he is a Muslim convert who had represented defendants in terrorism-related cases."

Extrajudicial Executions in China, Hanged Man Alive for hours after hanging, Tookie WIlliams Execution Reenactment in California, Australian Documentary of a Death Sentence

29 November 2006

China has apparently executed three Protestant Christian leaders in secret, whilst appeals were still pending before the courts. Hands Off Cain reported this online recently, based on information from "the China Aid Association (CAA), a US-based non-governmental organisation that lobbies for religious freedom in China."

Xu Shuangfu (60 years), Li Maoxing (55) and Wang Jun (36) were killed in secret in prison. Their relatives were only told later, when they were told they could collect the ashes of their relatives.

This is reminiscient of a recent BBC documentary detailing the secrecy of executions and the relationship to organ selling. Following that story the Chinese government flatly denied but later admitted to the practice of selling prisoner's organs. Other religious groups have accused the Chinese of executing to order based on prisoner blood types. There is no suggestion in the article in Hands Off Cain as to the state of the victims bodies before cremation.

In Kuwait, a Sri Lankan man was hanged for murder but remained alive for 5 hours following the hanging. The Herald Sun reports that "Sanjaya Rowan Kumara was pronounced dead by doctors eight minutes after he was hanged but medics who transported his body to a morgue said they noticed he was still moving" Forensic experts were called to the scene and confirmed a pulse was present.

Mr Kumara's pulse was monitored and he was finally declared dead 5 hours after the hanging.

Such evidence contradicts claims by many hangment that hanging is a quick and effective death. Hangmen of old used to take considerable pride in their work. The last hangman in Canada declared it to be the most humane method in a television interview that can be seen on the CBC archives online.

Activists in California plan to reenact the execution of Tookie Williams one year after his execution in California. Some may remember the controversial case of the Tookie Williams, one of the founding members of the notorious Crip gang, who later recanted gangs and even wrote children's books warning of the dangers of gangs to children. Arnold Schwartzenegger was petitioned by many around the world to grant WIlliams clemency but he refused. The Contracosta Times reports that The Black Repertory Group will re-enact the execution. According to witness testimony, the execution was prolonged as executioners tried to insert the needle, taking at least 15 minutes to do so.

In the article, Kent Scheidegger, a spokesmen for a group called the Criminal Justice Legal Foundation, claiming to be a group "dedicated to victim's rights" said it was ' unlikely "Witness to an Execution" will present an accurate portrayal of death by lethal injection.'

Mr Scheidegger, who has never seen an execution, seems to believe that he has a better idea of what an execution looks like, than an ensemble of actors who have watched one. Mr Scheidegger also seems ignorant of the arguments about the likely intense pain of lethal injection, saying:

"If they show how it really is, it won't be horrible," said Scheidegger, who said he's never seen an execution, but said the amount of sedatives is many times greater than a person undergoing surgery.

Perhaps Mr Scheidegger would like to show his medical qualifications - or are they as profound as his knowledge of witnessing executions. Perhaps his attention should be drawn to the recent case in Ohio of a man actually telling his executioners that "it's not working." Or maybe he thinks hanging more humane (see above). Mr Scheidegger probably would not be moved by either of these stories however, as he claims that the condemned do not deserve humane deaths. So what really separates Scheidegger from the condemned? Probably just circumstance, but maybe the condemned are more humane.

Lastly, The Age reports that a documentary film is about ready for broadcast in Australia, following the trial and eventual execution of Australian citizen Van Tuong Nguyen, who was executed in Singapore for attempting to smuggle heroin. The documentary was initiated in the hope of bringing the case to the immediate minds of Australians to encourage activism and diplomacy to save his life. Unfortunately the film was not completed in time to save him and the young man was hung. I hope that this film will be shown outside of Australia as well - not only to encourage activism to encourage Singapore to restrict and abolish the death penalty, but around the world whereever the death penalty continues, to illustrate the unfairness of the punishment and the extreme hurt it causes so many more.

German Citizen, abducted by CIA from Morocco now faces possible death penalty in Syria, Arizona Attourney presents "study" unworthy of a high school student to press for faster executions, Second Part of the Antigua Series

28 November 2006

Der Speigel Online reports that a German citizen, also an Islamist, faces a likely death sentence in Syria based in part on intelligence provided by German authorities that resulted in his kidnapping by the CIA, who had him flown to Syria (similarly to the Kadr case in Canada). In Syria, Mohammed Haydar Zammar was tortured. He now faces a Special Tribunal in Syria that is notorious for unfair trials and against which result may not be appealed, in violation of the international standard that a death sentence must always be capable of appeal. Zammar faces several charges including attending training camps in Afghanistan and Bosnia" and "jihadist ambitions" (for which the usual penalty is death), according to the article.

Zammar had been abducted in 2001 (just before Christmas) when about to return to Germany from Casablanca. Morrocan intelligence agents and US Intelligence then had him abducted and flown to Syria for rendition.

In Arizona, Maricpoa County Attourney Andrew Thomas is pressing for streamlined routes to the execution chamber. To back his claim for this need, he has presented what he calls a "study" - which according to the East Valley Tribune, fails to provide any evidence backing his claims an inuendos.

I did discuss this same Attourney in a blog much earler this month (see: "Speeding Up"). Thomas is not an uncontroversial figure and the timing of this 22-page collection of interviews with former prosecutors seems to me more aimed at deferring attention from plenty of other bad press he is getting whilst he stands accused of voting irregularities.

Unfortunately, the East Valley Tribune editorial seems to imply that a deterrent effect is possible with the death penalty (but only if carried-out reasonably quickly and 'more fairly'). It is accepted that this is the most likely situation in which a deterrence effect might be found, however it has never been shown (to any of the readings I have done) and the fact is that speeding-up the process will simply increase the number of people innocent of the crime being punished. It is, like I said below, like trying to reduce travel time by using brakes less. It is reckless and makes the probability of getting into an accident even greater. What has been shown in some studies is a brutalisation effect (i.e., an increase in violent crime) - this is often done when critiquing studies that attempt to show a reduction around the time of an execution - what has been found is that while in some cases violent crime does drop around the time of a notorious execution, there is a rebound resulting in even greater violence once the scope of the study increases (and compared against 'normal' levels). If the process is sped-up, there is no reason not to think that the rebound may simply become even worse as the rest of society comes to believe that justice is born of violence.

Finally, Pompey's Second Part of his series on Capital Punishment in the Caribbean. Again, Pompey failed to make any particular stand. He has tried to present a simple survey of the legal situation and he has touched on a few important features, such as the ECOSOC safeguards. The arguments about capital punishment really divide on their basis. For abolitionists, what matters mainly is the principle of the death penalty. It is morally wrong in concept and existence. For retentionists, religious arguments aside, the death penalty is about revenge. Arguments that there is a deterrent effect making it a 'necessary evil' have been flatly proven wrong time and time again. The fact that it persists really just demonstrates a continued ignorance of the problem (just as with claims that it's cheaper to execute etc.).

Antiguan Arguments, South Dakota to Change Death Penalty statutes, Thai Men Avoid Death, Stay of Execution in North Carolina!

27 November 2006

Rawlston B. Pompey writes in the Antigua Sun, in the first of a series on the death penalty, a quick history of the daeth penalty, although I am uncertain as to the accuracy of his statements, it does follow a certain flow of thought. Unfortunately this article, being only the first part, fails to come to any conclusive end or get deeply into the various arguments. What it does do, however, is illustrate the controversy in the Carribean over the use of capital punishment.

Pompey is correct to a certain extent that the death penalty statutes in Great Britain changed quite substantially in the revisions recognising degrees of murder in 1957, however, perhaps unintentionally, Pompey seems to imply that poaching and other non-murdering crimes brought with them capital punishment until that time. Amnesty International (UK) states that the death penalty had been restricted substantially throughout the 19th century. "In 1861, Sir Robert Peel reduced the number of capital crimes to four: murder, treason, arson in royal dockyards and piracy with violence." (Amnesty.org.uk).

These facts of history aside, Pompey does present some of the current arguments used in Carribean nations today debating the death penalty (recently in Jamaica it has been an election issue, e.g.). It will be interesting to see where he takes this argument.

South Dakota appears to be readying to change statutes that legislators claimed gave greater flexibility to wardens when performing lethal injections (that "flexibility" being obtained by not specifying the number of drugs used). One has to wonder just what sort of medical qualifications are required of a prison warden that would enable them to make such decisions - but I don't know - the process itself is controversial and being an abolitionist, I'd rather it didn't exist at all.

In bringing this information to the floor, some have suggested that South Dakota may also be opening-up to the idea of abolishing the death penalty. Recent attempts have failed when it came to House or Senate votes (according to the article), however there is definitely a presence of abolitionist interest in the elected seats that gives hope that South Dakota may someday soon join the ranks of the humane states.

In Thailand, two men accused of murdering a British tourist following a violent beating and rape, will avoid the death penalty. Katherine Horton was killed while on holiday on New Year's last year. The two men are accused of beating her, raping her and then leaving her to drown.

Elizabeth Horton, Katherine's mother, told BBC Wales that she mourned for her daughter's loss, but also did not believe that executing the men would have done anything either. She is against the death penalty and does not believe that anyone has the right to take another's life. Elizabeth Horton's brave morality is admirable and worth supporting.

In North Carolina, Guy Tobias LeGrande has been granted a 60-day stay of execution for a mental assessment. I have discussed the LeGrande case below. According to the Associated Press article in the Winston-Salem Journal, "LeGrande had been scheduled to die Friday. During a 90-minute hearing in Stanly Superior Court, Judge William R. Bell gave the psychiatrists 45 days to submit their observations and evaluations to the court."

This is good news - LeGrande's case has clearly shown serious reasons to be concerned about his sanity. Amnesty International has a document produced when the United States Supreme Court finally recognised the inhumanity of executing the mentally ill, you can link to it here.

British Conservative Shows Poor Understanding of 'deterrence'

26 November 2006

According to the Telugu Portal, recently elected by the British Conservative party to be a candidate for MP, Priti Patel, who would also be Britian's first Asian Female MP if elected, believes in reinstating the death penalty "as a deterrent." Apparently, Patel told the Daily Mail '"If you had the ultimate punishment for the murder of policemen and other heinous crimes, I am sure it (death penalty) would act as a deterrent"'

The deterrent argument is frequently heard. The truth is however, deterrence has never been shown. Amnesty points this out in their Questions and Answers page online. In Roger Hood's worldwide study, it is clear that deterrence has not only not been shown, but that in many cases increases in violence are suggested. Dave Cooper has an online study comparing US states for violence showing that retentionist states nearly always underperform in comparison with abolitionist states, in terms of violent crime reduction. When general trends for violent crime are dropping, the least benefitting states are the retentionist group, when violent crimes are increasing, retentionist states see the largest increases in violence. This still ignores the many other arguments to abolish the death penalty, most importantly the principled rejection of the punishment as a violation of the Universal Declaration of Human Rights.

(apologies - other articles will be included in tomorrow's blog - Aubrey)

South Carolina Examining Prosecutorial Misconduct, Britain-Pakistan Extradition Treaty Hinging on Protections, Mandatory Death Penalty may mean Getting Away with Murder

25 November 2006

Misconduct sounds like something minor. Not quite a 'criminal offence' - almost administrative. But in reality, when the misconduct means tipping a human's fate to execution, then it really ought to be a criminal offence comparable to homicide.

The Sun News reports that in South Carolina, a House committee is examining the state's capital punishment system - speaking before the committee was Joseph Cheshire, a defense attourney, who represented former death row inmate Alan Gell. Gell won a retrial and eventual dismissal after it was determined that the state witheld witnesses and evidence that could have cleared Gell of the crime with which he was charged.

The state disagrees that there is a big problem, although it admits there is at least some presence of a problem:

Tom Lock, the district attorney in Harnett, Johnston and Lee counties, said there is usually nothing sinister or malicious at work when a piece of evidence isn't turned over to the defense. It's more likely to be an oversight, or evidence that the prosecutor never received from investigators.

It strikes me that whoever is responsible for failure to disclose, must bear responsibility for recklessness endangering human life in the case of a capital trial and that there should be aresponsibility on the part of the prosecutor's office to ensure that subordinates are not deliberately or accidently witholding evidence. There is far too much at stake for the defence.

The Islamic Republic News Agency reports that progress in relations between Great Britain and Pakistan will include talks on an extradition treaty. Currently any extraditions are compromised by Pakistan's rentition and continued use of the death penalty. The UK is strongly opposed to capital punishment and will not extradite prisoners where there is a fear that such prisoners may face execution in the other country.

Relations have improved recently, in particular with regards the release from death row of a Briton, jailed 18 years ago and whose case brought international condemnation including a letter of appeal from Prince Charles and an organised campaign by Amnesty International (see below). Following his release Britain agreed to increase economic aid to Pakistan to strengthen security services in the country - I have seen no formal indication that these are related.

 

 

Scotland Yard detectives are unable to assist Sri Lankan authorities investigating the death of Tamil National Alliance parliamentarian Nadarajah Raviraj. The problem lies in Sri Lanka's invokation of a mandatory death sentence. Scotland Yard is bound by UK Government requirements not to assist in cases in other countries where a death penalty is going to result from the investigation. As such Scotland Yard has sought a Memorandum of Understanding that no suspects will face capital trials from this case. Sri Lankan authorities are bound however to not agree to such an agreement as it would violate the mandatory nature of the code, hence in violation of Sri Lankan law.

Sri Lankan authorities hold out hope that this will be overlooked by Scotland Yard as Sri Lanka considers itself Abolitionist de facto in not having actually carried out an execution since 1974.

Mandatory death sentences are in themselves not in accordance with international safeguards and standards. The International Covenant on Civil and Political Rights implies that all cases must be appealable to a higher court, making any mandatory punishment inconsistent. Clearly however, abolition is the most consistent with internatiuonal standards and with the Universal Declaration of Human Rights.

What is clear is that Sri Lanka, by retaining the death penalty (and especially by carrying a mandatory death sentence) is impeding its own ability to solve crime - in the case murder.

Viet Nam - Reforms on the way? Russia Accused of Summary and Extra-Judicial Executions, Another Mentally Ill Man Facing Execution in the US

23 November 2006

It appears there may be hope in Viet Nam that the death penalty may see further restrictions in application. IPS News reports that Viet Nam may be feeling pressure as a result of its entry into the WTO, to remove financial crimes from capital statutes. There is at least one high-profile case of a Vietnamese banker facing a possible death penalty for poor investment choices, causing a loss of $5 Million.

The article points to similar moves by Viet Nam in give-and-take negotiations with the US:

To ease relations with the United States ahead of the APEC summit, Vietnam in September released without trial U.S. citizen Do Thanh Cong, 47, accused of terrorism. Earlier this month, three more U.S. citizens, Thuong Nguyen ‘Cuc' Foshee, 58, Linda Huynh Bich Lien, 51, and Le Van Phu Binh, 41 -- also arrested on terrorism charges -- were given light sentences and released after a one-day trial.

As a result, the country has been removed from the U.S. blacklist of nations that severely violate religious freedom, though it failed to receive the Permanent Normal Trade Relation (PNTR) status.

It is hoped that current international embarassments from financial crime as a capital case may also force Hanoi into adopting restrictions on the death penalty and bring the country one step closer to international minimum standards.

Axis News reports that Russia has been accused of Extrajudicial or Summary executions in Chechnya by a human rights group. A joint dossier compiled by Russia’s Memorial rights group and French-based FIDH, accuses Russian forces of acting ruthlessly in Chechnya, commiting torture, kidnapping and executing "terrorists" under the term "liquidations’ of undesirables." Axis News was referencing a Reuters report, which concludes with a quote from FIDH: FIDH executive director Antoine Bernard said the leaders of Britain, France and Germany and the European Union should "give the same priority to human rights as they give gas", a reference to Russia's lucrative energy contracts with the West.

 

 

 

In a report related to the Guy LeGrande (North Carolina) case noted below, as well as Levar Walton, who is awaiting execution in Virginia, in Texas Scott Louis Panetti waits for death. All three men face execution by the state. All three men show severe mental illness. All three men should not be on death row - even by US standards.

The International Heral Tribune reports on Panetti and LeGrande in an article just published. Panetti, who believes that the devil is out 'to rub him out' and that he had wounds 'healed by John F Kennedy' was a mentally ill man long before he murdered his in-laws. LeGrande, who appeared in court in 1996 in a Superman T-shirt, cursed the jurors as "Antichrists" and taunted them, "Pull the switch and let the good times roll." They took less than an hour to sentence him to death. Levar Walton (not mentioned in the IHT article, but in a current concern in Virginia) is convinced he will rise from the dead to 'be with [his] honeys' and showed signs of schitzophrenia long before he commited the murders for which he is being sent to death.

According to the article, even abolitionist groups in the US see execution of the mentally ill only as an 'emerging issue' - which is perhaps right, given that the US has only recently declared that executions should not be carried out against the mentally ill. It is not however that new a concept (that the execution of the mentally ill is wrong). It was noted in the Ancel report to the UN in 1962 that there were already protections in many nations' capital codes designed to protect the insane from execution. Why are the Americans trailing so far behind? In part, it has to do with the tendency in the United States not to recognise international standards or agreements - that laws will only change once the US decides that something violates the Constitution of the United States, leaving most of our hope not in international documents, but in the application of "changing standards of decency" within the US. In God They Trust, indeed.

Kentucky Decides Lethal Injection OK, Iranian Prosecution wants to hang publishers of 'vulgar CDs' and Malaysia Readies to Murder for Marijuana

22 November 2006

Despite evidence that lethal injection may be an incredibly painful and inhumane method of execution, Kentucky has decided that it does not violate the constitution.The Wilmington Star News Online reports that the Kentucky Supreme Court has validated a lower court's ruling that lethal injection is not a cruel, unusual or inhumane punishment (which would not only violate the constitution, but also the Universal Declaration of Human Rights). Other cases challenging the method are still pending, however Kentucky appears to be readying to go ahead with the executions of death row inmates Thomas Clyde Bowling, 52, and Ralph Baze, 49, both facing death on murder charges.

The story of the invention of lethal injection is a strange one. It was not designed by a doctor but by a politician. That man is now absolutely against capital punishment and has also become a church minister. He feels regret for ever having invented the method and guilt for all executions involving this method - all according to an article I have cited before, from The Guardian (see here for the complete article again). In the article it says:

Bill Wiseman was a young representative in Oklahoma, one of the states that rushed its legislature back into emergency session. He didn't believe in the death penalty, but he was afraid of losing his seat if he voted against it. "I was just having such a happy time being a politician," he smiles sadly. "It was the most fun. And here this damned thing comes along and it has the potential to just crap all over this wonderful time in my life. So I was faced with a decision - and I was a wuss about it."

He voted yes. "But afterwards I came to the conclusion that if we were going to do the wrong thing, we might as well do it the right way." Wiseman set about inventing an alternative to the gas chamber and the electric chair. "Something," he winces, "that would be more humane."

Today, Wiseman is an Anglican priest in a grand old church in downtown Tulsa, Oklahoma. He is more opposed to the death penalty than ever. But he has a wolfish, twinkly smile, and it's easy to picture his ambitious younger self back in 1976, loving the limelight while trying to salve his conscience. He describes how the state's medical examiner heard he was looking for ideas, and offered to help. The pair more or less cobbled together a cocktail of intravenous drugs on the back of an envelope. The examiner had no specialist pharmacological training, Wiseman's medical knowledge was zero. But he wrote down what the examiner proposed, called it lethal injection and put it before the house.

"I was going round like I was some angel of mercy, really starting to believe my own bullshit, when I ran into a reporter friend of mine one day. I was like, 'How do you like my bill?' And he just shrugged. It was the very first feeling I had of, 'Uh-oh'. He said, 'Bill, I'm afraid this'll make it too easy for them to pass death sentences.' And on the outside I said, 'Oh no, I'm sure that won't happen.' And on the inside I'm going, 'Oh God, what if he's right?' So what did I do? Nothing. I was enjoying the momentum and fame and the clips on the Today show too much. Everybody liked me. Hey, I was fixing up the death penalty, wasn't I? I was making it humane."

In Iran prosecutors are preparing to seek the death penalty against 7 men for producing and distributing pornographic CDs. IranFocus reports that 35 people were arrested in relation to this case, but that the prosecutors want to target 7 of them with the death penalty.

The article suggests that this is a furtherance of the ultra-Islamic government in Iran and mentions that when he was mayor of Tehran, one of Mahmoud Ahmadinejad's first actions was to segregate elevators in city hall by gender.

An interesting feature of this is that it was announced by Karimi-Rad, the Minister of Justice for Iran. Karimi-Rad has been previously quoted as saying: 'Iran is an Islamic state founded on the rules and teachings of Islam, adding, "And we have made tireless efforts to take fundamental steps towards promotion of human rights in all grounds."' (source) .

Let me remind you of these 'tireless efforts to promote human rights'

The highlights from Amnesty's 2005 report say:

Iran is still one of the most frequent executioners in the world. In Amnesty's best figures, Iran was second only to China in executions, beating out both the USA and Saudi Arabia.

It is one thing to believe that this country is so far away that it doesn't affect "me" - but the reality is that we are all human. These humans should be subject to this situation and by doing nothing we are condoning it.

In Malaysia 4 students face death by hanging for Marijuana charges. Malaysia's draconian drug laws have enabled many death sentences, although in 2005 there were no reported executions, according to the 2006 Amnesty country report. The foursome face charges of drug posession and trafficking. All four are foreigners (two Kenyan women, an Eritrean man and a Saudi national). The International Herald Tribune reports that the students range from 18-22. In February of last year (2005), Amnesty Directors from the Asia-Pacific region collectively wrote an appeal to the Malaysian government requesting better protections for foreigners. There appears to be a sense of xenophobia in this government and administrations policies and actions. The targeting of foreigners with capital trials is seen frequently in other nations, Saudi Arabia in particular. Wikipedia notes that the last execution in Malaysia was in 2001. In 2000 Malaysia broke a 4 year moratorium by executing foreigners also on drugs charges.

Malaysia's argument in keeping the death penalty is that it offers a necessary deterrent to serious crimes. It strikes me that they have not done their research. It is still impossible to justify on those grounds anyway, since there will inevitably be innocents executed - one may as well be sending young virgins to the labyrinth to face the minotaur in an effort to 'keep the population safe.' Study after studay has failed to show deterrent effects - for as many studies that show some temporary effect or comincidence of reduced crimes, just as many more show that once a longer timeline is seen, there is actually an increase in crime associated with executions. Malaysia is making a poor, but politically based argument, probably to appease Sharia courts that may want the power to impose death sentences for "crimes" such as apostasy.

Two Britons face possible Death Penalty in Vietnam, Ohio Coming under Scrutiny, Mentally Handicapped Man Nearing Execution in North Carolina

21 November 2006

The BBC reports that a pair of Britons are facing possible death penalties in Vietnam, accused of drug smuggling, forging documents and weapons charges. Le Manh Luong and Tran Thi Hien are facing trial and the British consul is aware and attending the trial, HOWEVER it appears that the Vietnamese authorities are hindering the trial by placing the defense attourney under house arrest, after it was revealed that he held membership in a banned political party. This is not the first article I have reviewed on Viet Nam and I doubt it will be my last. The legal safeguards to prevent unfair executions seem barely followed. Viet Nam also declared official figures on executions to be a state secret, making any real public understanding of what is being done by the government - an essential component in democracy - impossible. See further below for other Viet Nam articles and Amnesty's profile of the country.

Ohio may be about to face a review of its death penalty system - not because of doubts about the fairness of the death penalty itself but of how the system itself works. The out-going Republican Governor, Bob Taft, has on occaision granted clemency and delays in several death penalty cases, but has not questionned the process at all. The incumbent Governor and Attourney General however come from a different background, including having worked in the prison system, the incumbent Governor, Democrat Ted Strickland who was a prison psychologist, was troubled by the late exoneration of several inmates who were due to be executed. Similarly, Marc Dann, the new Attourney General, advocates a "full-blown deathpenalty study". While Strickland refuses to suggest that a moratorium will be held, one can hope that, similar to Illinois, he will come to the same conclusion as former Governor George Ryan, and see the impossibility of retaining the death penalty while being able to claim to uphold human rights.

The stories on this have been about the media for the past few days now and I apologise for not mentioning it sooner. Citing an article from today's Guardian, Guy Tobias LeGrande is about to face execution in North Carolina. LeGrande faces the death penalty for allegedly being hired by co-worker Tommy Munford and promised $6,500 of a $50,000 insurance payoff to kill Munford's wife in 1993. He represented himself in court but it is extremely questionnable whether he was competent to do so. According to the article, "A defense psychiatrist who recently examined LeGrande's records concluded that he is psychotic, ... LeGrande's attorneys say he client believes that the governor has already pardoned him and that he will receive billions of dollars from the state once freed." Hardly a strong indication of a stable mind. Aggravating the case is that, as in a similar case a short while ago, an all-white jury convicted a black male, while allowing a white co-defendent on similar charges, to receive a lighter sentence. This case has received a large amount of attention from US abolitionist groups and international organisations, as an example of US continuation of executing the mentally ill.

Public Still Learning in Eastern Europe, EU to press Iraq for Moratorium, Hope for Canadian in China, Asma Jahangir Commentary on Recent Amendments in Pakistan

20 November 2006

The International Herald Tribune reports that many citizens in Eastern European Nations are still in favour of capital punishment, despite in many cases official condemnation of the death penalty e.g., in relation to the case of Saddam Hussein. The Tribune article states: Public support for the death penalty was 60 percent in Eastern Europe on the eve of the millennium, according to a Gallup poll, compared with 60 percent against in Western Europe. Surveys in Poland show 70 percent support for capital punishment today." This phenomenon is largely in former Soviet republics. Belarus, for example, is the only country in Europe that retains and uses the death penalty, whereas even Russia has maintained abolitionist de facto status since 1999 when it agreed to a moratorium and effort to abolish in order to become a part of the Council of Europe. The article suggests that many Eastern Europeans see the abolition of capital punishment by their countries are more of a 'moratorium' than a removal. This is despite the fact that it would be impossible for a country to reintroduce the death penalty and remain a member of the European Union or face severe penalties. One can only hope that the Eastern European citizens are just going through a reflexive period of adjustment and learning the real benefits to be enjoyed living in a state that has increasing respect for the human rights of its own citizens.

In a related story, The Tribune also reports that the EU will be making talks on a ban on capital punishment a part of important trade talks with the country. The ban would be a part of a commitment to respect a number of other human rights as well. (I remind you of the fact that the UN has declared that any progress towards restricting or eliminating the death penalty is seen as progress in human rights standards). The EU does not mean though to dictate the sovereignty of Iraq. According to the article: '"We [the EU] felt that it was absolutely right that the Iraqi people themselves judge Saddam Hussein, but as a matter of principle we are against the death penalty wherever this is being applied," Ferrero-Waldner told reporters.' The trade agreement will be the first one signed between the groups, however the EU has already contributed €720 million (US$920 million) to the aid in the country's reconstruction since 2003. "The trade and cooperation agreement would cover trade in goods and services and extend EU cooperation into such areas as human rights, anti-terrorism, energy, nonproliferation of weapons of mass destruction, the environment and customs issues."

The Brooks Bulletin reports that China has said it will not execute the Canadian citizen Huseyin Celil (see article below), according to Canadian Foreign Affairs Minister Peter MacKay. The agreement, which MacKay claimed to be a sign the Canada is making progress with China, actually hinges not on talks with Canada, but on talks China had with Uzbekistan when it had Celil deported from there to China last year. China stil refuses to acknowledge his Canadian citizenship and has not granted him consular access, as required under the Geneva Conventions. New Democratic Party leader Jack Layton (an opposition party to the current Conservative government) suggested that although the revelation that death is not going to be sought, there are still many disturbing and unanswered questions, such as whether he may be facing cruel orinhumane treatment as another Canadian citizen (Maher Arar) did when sent to Syria by the Americans when he stopped in the USA on a layover flight.

Asma Jahangir has written a commentary on the new legal changes in Pakistan regarding rape laws, but more importantly Zina laws (according to the article - zina is the prohibition of all sex outside of marriage). "The passage of the Women’s Protection law is no victory for anyone," claims Jaliangir. She clarifies that the amendments are a definite improvement in Pakistani law, they come at a price as Musharraf has allowed mullahs more freedom to assert laws as they see fit through "setting up a network of morality enforcers" - which to me smacks of similar squads currently operating in Iraq and responsible for many extrajudicial executions. In a crucial clarification she says:

The president is either misinformed or deliberately misleading his constituency. The Hudood laws did not require the evidence of four male adult Muslim witnesses to punish a rapist under tazir, which prescribes for punishment of a maximum 25 years of imprisonment. All trials of zina and rape are carried out under tazir with regular rules of evidence applying during trial. Medical evidence, the victim’s testimony, and any other forms of proof are all taken into consideration. However, since zina (all sex outside marriage) is also an offence, the risk remained that during investigation if a woman were suspected of having consented to the rape the victim was arrested on charges of zina.

This has largely been taken care of by the new amendments. Zina remains an offence but the procedure for its complaint has been made stricter and those making an accusation of rape cannot be punished for zina. Thus, false accusations of zina will dramatically drop.

Whatever the case, the amendments still appear to be a step in the right direction and at some point one of thes directions the President takes his country, will have to give. We can only hope that it is the side for human rights and common respect that wins out so that in the end the people of Pakistan will all win.

The Innocent Man that caused China to Rethink, DNA Expert's Take on Wisconsin Referendum, Man Sentenced to Death for Killing 'Sorcerers' in India, Canadian in China Remains under Threat

19 November 2006

The Times has just published a story on She Xianglin, a man famously almost executed for the murder of his wife. A few years later his wife was found alive and 'farming pigs.' Mr She's case is at the heart of the recent improvements in safeguards in China (whereby capital trials can be appealed to the Supreme Court). Mr She spent 11 years in prison but could have just as easily been executed, as happened to Teng Xingshan, convicted in 1987, for 'murder' - the 'victim' turned-up alive and well later - but too late to save Mr Teng from execution. Mr She had been sentenced to deathm but after it was proved that he had only confessed following severe beatings, an appeals court commuted the sentence to 15 years imprisonment. Amnesty has more on this specific case here.

Eugene Kane writes in JS Online (the Milwaukee Journal Sentinel) on speaking with a former Wisosonite and California-based DNA Expert who uses DNA evidence to help clear wrongly convicted prisoners. Gerald F. Uelmen, who is law professor at Santa Clara University in California, a nationally acknowledged legal expert on using DNA evidence to exonerate death row prisoners, and executive director of the California Commission on the Fair Administration of Justice and works with the Northern California Innocence Project. Professor Uelmen believes that one of the main contributing factors behind the Wisconsin result was a recent high-profile case of a man released because of work done by an innocence project, only to later be charged with murder for a different crime. According to the article:

Steven Avery was freed in 2003 after University of Wisconsin-Madison students involved in the Innocence Project proved he wasn't guilty of the rape and assault for which he served 18 years in prison. Amid much publicity, Avery was widely recognized as an example of the inherent fallibility of the justice system.

As most know, Avery and his 17-year-old nephew were later charged with the brutal murder of Teresa Halbach, a young photographer, near Manitowoc. That he could be accused of such a heinous crime sent shockwaves throughout the legal community of activists who work in various Innocence Projects nationwide.

Uelmen, in particular, felt the impact that came along with finger-pointing that blamed the Innocence Project for Halbach's death.

"Steve Avery set our program back 20 years," Uelmen said bluntly.

But he and others continue to make their case, pointing to DNA evidence that has led to the exoneration of more than 300 people across the country. Uelmen identified major flaws in the way these cases were prosecuted that needed to be corrected before death sentences could be considered foolproof.

Uelmen cited several other misconceptions about the criminal justice system, including witness coercion, instances of innocent people confessing to murder following illegal interrogations etc. He did not speak specifically to DNA evidence but was clear on his absolute and principled opposition to the death penalty.

IndLaw reports that 30-year-old Niranjan Khakhlary was sentenced to death by hanging for allegedly killing a couple whom he believed were witches who had cast a spell on him. Darrang district Sessions court passed the sentence, which the article says is the first such sentence in the district to date.

Canadian Press reports that Canadian citizen Huseyin Celil, who is also an ethnic Uighur , who had been sentenced in absentia, for his activism on behalf of other ethnic Uighur in China, was arrested last March in Uzbekistan and secretly transported to China. It is believed that Mr Celil was part of the Human Rights agenda item discussed amongst Canadian Prime Minister Stephen Harper and Chinese President Hu Jintao. Stephen Harper's government has come under strong criticism lately because of its conservative alignment with the United States Republican Administration and in particular neoconservatives, not only on questions of human rights but also on environmental issues.

The article continues:

China has signed the Vienna Convention on Consular Relations but has been criticized for failing to live up to its obligations, which include notifying Canada if it has detained one of its citizens, providing government officials access to that person and providing that person with legal representation and a fair and transparent trial.

Neither his family nor Canadian consular officials have heard anything about Celil since his arrest.

Harper wouldn't discuss Hu's reaction to the Burlington, Ont., man's case, but a Chinese official told Canadian reporters that it's his country's perspective that Celil is a Chinese citizen.

Noting his client escaped from China and came to Canada as a legitimate refugee, MacLeod said Celil went a step further and contacted the Chinese consulate after becoming a Canadian citizen to officially renounce his Chinese citizenship.

**UPDATE ON BRITON RELEASED FROM PAKISTAN**

18 November 2006

The BBC has released a report and video statement on Mirza Tahir Hussain, now in Britain after having been released from Pakistan's death row.

The story and video link are here.

 

 

Australian Spared in Vietnam, Legal Challenge in New York, "Speeding up" (read: increasing likelihood of executing the innocent) in Arizona and UN Condemns North Korea for Executions et al.

17 November 2006

The Australian reports that an Australian man, held under a death sentence in Vietnam for drug smuggling, has been granted clemency by the state. According to the article, "Trinh Huu was sentenced to be executed in December last year after being found guilty of trafficking about 2kg heroin...Trinh was arrested near Vietnam's border with Cambodia in December 2004 along with three Vietnamese accomplices, who received jail terms ranging from 15 years to life." Unlike Saudi Arabia, Vietnam does not seem to have a predeliction for executing foreigners - at least not westerners. Only one foreigner, a Canadian or Vietnamese origin, has been executed since 1975 (he was shot to death in 2000). The death penalty still however remains secretive in Vietnam and trials continue to fail to meet international standards. Amnesty International reported that in 2005, 'According to official media sources, at least 21 people were executed and 65 people including six women were sentenced to death. The true figures were believed to be much higher. Almost all were accused of drug trafficking offences. Statistics on the death penalty remained classified as a “state secret”.' Human Rights Watch reported earlier this month, that 'In Vietnam, signing public appeals calling for human rights can trigger a police investigation.' HRW also reports that 'Political trials are closed to the international press corps, the public, and often the families of the detainees themselves. Defendants do not have access to independent legal counsel.'

The New York Sun reports that the New York Supreme Court may be about to reverse their landmark 2004 verdict declaring essential parts of the New York capital statute unconstitutional. The ruling is being challenged in relation to the only remaining death row inmate in New York. Prosecutors appear to be playing for time to enable new political appointments to increase retentionist Judges to the court. While there are many who are pessimistic about the outcome of this judgement, some abolitionists are more hopeful that, in regard to the legal principle of stare decis, the court will be unwilling to overturn such a significant decision. The case itself has not yet been scheulded but is expected sometime in the spring. The Death Penalty Information Center article on the 2004 decision explains: "On June 24, 2004, New York's highest court held that the state's jury instructions were unconstitutional under the state constitution and that the constitutional defect in the existing statute could only be cured by passage of a new law by the legislature." The DPIC has other information on the Death Penalty in New York here.

"Maricopa County Attorney Andrew Thomas says his office is going to take steps to speed up the death penalty cases." according to the Associated Press. Arizona, according to Thomas, can take up to 19 years from trial to execution. While admitedly, serving time on death row is in itself a cruel and unusual punishment, which takes a severe mental toll on those under a death sentence, Thomas appears to be trying to "speed up" these cases by reducing due process and making a fearful environment for defence attourneys. Even IF the death penalty were an acceptable punishment for any sort of crime, this means of reducing backlogs is irresponsible, like deciding to use one's brakes less in order to make a trip quicker. It's stupid - plain and simple. The only reasonable way to reduce backlog asides from simply recognising the inhumanity of the death penalty, is to increase resources available to defence lawyers. In that way greater levels of staff will reduce the backlog and at a minimum the same level of caution can be employed. Thomas sounds reckless. In fact, Thomas has been accused of failing other democratic standards in his tenure. In relation to allegations of voting fraud during the 2004 Presidential campaign, John Dougherty of the Phoenix Times wrote of the affair:

Maricopa County Attorney Andrew Thomas has taken extraordinary steps to hide the underlying causes of the District 20 fiasco. Thomas conducted a "preliminary" investigation into District 20 last spring at the request of Maricopa County Republican party leaders. His investigators discovered extremely damaging evidence of problems inside the county elections department. They found that the county's voting machines may have failed during the 2004 primary, and they discovered evidence of witness tampering ("All Bark and No Bite," July 14).

What did Thomas do with such evidence of voting machine failure and interference in a court proceeding by public employees?

He sanctioned the member of his own office who was involved, but he closed his investigation.

Since that date, Thomas has been particularly hostile to Harper's efforts to obtain the ballots to determine what happened.

His office is now attacking the credibility of Douglas Jones' examination of the voting machines involved, as well as publicly ridiculing Harper.

In an incredible affront to the public's fundamental right to fair elections, Thomas is now saying he will oppose all efforts to inspect the District 20 ballots.

The Associated Press reported today on the UN condemnation of North Korea for public executions, use of torture, and other grave human rights violations. Pyongyang immediately denied the accusations as a political 'plot' by other nations. The motion was sponsored by the European Union and passed by a vote of 91-21 with 60 abstentions. Surprisingly, Venezuela was among the opponents, saying they were against any motion criticising a specific country. Venezuela was the first modern country to formally abolish the death penalty. According to the article:

The resolution expresses "very serious concern" at the "continuing reports of systemic, widespread and grave violations of human rights in the Democratic People's Republic of Korea," known as the DPRK, and the government's refusal to cooperate with the U.N. human rights commissioner or special investigator.

It criticizes North Korea's "all pervasive and severe restrictions" on freedom of expression, religion, assembly and movement, its imposition of the death penalty for political reasons, the detention of thousands in prison camps, the punishment and torture of border-crossers, and the maltreatment of people with disabilities.

The UN News release on the resolution is here.

MORE Good News from Pakistan, Illinois using reforms against the poor? Boston pair, formerly on death row, suing FBI for deliberate wrongful conviction.

16 November 2006

President Musharraf has granted clemency to Briton Mirza Tahir Hussain in response to an overwhelming public outcry and special plea made on his behalf by Prince Charles, The Guardian reports. The Death Penalty was commuted to a life sentence. According to the article, "Hussain may be eligible for release on parole because he has already spent 18 years in prison." Which would be appropriate given that the original conviction had been thrown out by a Pakistan court years ago. The death sentence conviction had been imposed after that by a religious court despite the ruling.

The State Journal Register, reporting on the situation in Illinois having now implemented some of the "safeguards" recommended by the Capital Punishment Reform Study Committee, originally commissioned by then Governor George Ryan, may be using the tactic of prosecuting with a lesser charge to keep a defendant from having access to better legal assistance. The article says, quoting Larry Golden:

In cases where prosecutors do not pursue the death penalty, defendants are not entitled to dip into the Capital Litigation Trust Fund for their criminal defense, Golden said.

It is possible, he said, that prosecutors "strategically withdraw the death penalty" to put defendants at a disadvantage.

He included references to the case of Julie Rea Harper, who was convicted and later exonerated of killing her son. Prosecutors did not seek the death penalty in that case, Golden said.

In Boston, two men convicted in the 60's for a gangland murder they did not commit, are suing the FBI for deliberately withholding evidence to protect a hitman informant, causing their death sentences. "Limone, Louis Greco and Henry Tameleo were sentenced to death in 1968 for the murder of Edward "Teddy" Deegan, but were not executed before the death penalty was banned in 1975" according to the Associated Press. They allege the informant was"a known mob assassin responsible for numerous hits during Boston's gangland wars of the 1960s. He was also so vital to FBI efforts to crack the mob that the agency allowed him to wrongly implicate four men for murder, attorneys for the plaintiffs said in opening statements... Joseph Salvati and Peter Limone and the families of two other men who died while behind bars accuse the federal government of malicious prosecution, conspiracy and depriving the men's family of companionship."

The facts of the case only came to light in 2001 when FBI documents were released revealing the consipiracy.

Progress in Pakistan, Lethal Injection challenge in Maryland and a Little bit of History: The Portable Chair

15 November 2006

 

 

 

 

 

Islamist hardliners are reportedly upset at Pakistan's decision to remove the death penalty as a punishment for extra-marital sex, according to the Associated Press. The move comes at the same time that Pakistan has made amendments to requirements that rape cases be proven with 4 witnesses. These laws until now have resulted in persecution of women in particular and the elimination of capital punishment for extramarital sex will likely result in more women reporting rape (as opposed to remaining quiet for fear of facing death for having had sex). However, in another AP article (published in the Toronto Star), Human Rights groups note that this 'progress' was a compromise. Rights groups had been campaigning to end "the Hudood Ordinance,... the law has made prosecuting rape cases almost impossible, while women who press charges risk being charged with adultery."

 

 

Defence Attourneys in Maryland raised the issue again of the possibly tortuous experience of lethal injection. An article in the Baltimore Sun opens by quoting the attourney saying that Maryland's lehtal injection process is so flawed that it would not be considered ethical even by veterinary standards. The point is driven home even more by the fact that executioners are not medical personnel and in particular the defendant in this case has veins so destroyed by past drug abuse that it would be nearly impossible to avoid extreme pain. Concerns have been raised before on lethal injection because of cases of one of the main drugs used, may only be masking the pain experienced as the condemned remains paralysed as his or her organs shut down from the other drugs pumped into their bodies. It should be kept in mind that the original desgin of lethal injection was not even done by a medical practitioner, but by a politician who is now deeply regretful for the invention and is himself abolitionist (see my Death Penalty Links page for a link to the Guardian Article on the case).

On a historical interest note, Mark Thornton has written an interesting and revealing piece on the use of the Death Penalty in Mississippi. The article appears in The Star Herald, but I don't want to spoil the read here. I recommend you visit the link and read it yourself. In the article he describes a 'portable electric chair' - which is hauntingly reminiscent of the more recent Lethal Injection trailers driven around China.

 

 

 

Muslim persecuted in Bangladesh, US Supreme Court Continues to err on the side of death and the Cost of Maintaining a Death Penalty Breaks the Bank

14 November 2006

A Bangladeshi Muslim faces a death penalty for praising Christianity and Judaism, Richard Benkin writes in Global Politician. According to the article, Salah Uddin Shoaib Choudhury, who is editor of a newspaper in Bangladesh, has been harassed, had his newpaper bombed and been tortured and beaten by authorities. An American Republican politician, Rep. Mark Kirk (R-IL), has been instrumental in trying to fight for his life. Choudhury faces charges alleging sedition, treason and blasphemy. This seems odd given that Christianity and Judaism are recognised by Islam (just as Judaism is recognised in Christianity). The article also describes the humanitarian protections provided to him by people of all sorts of religions including Islam.

 

The Jurist reports on yet another US Supreme Court decision reinstating a death penalty on a Californian man. Despite having a sentence reduced by a lower court, prosecutors appeals the lowering of the sentence and the Supreme Court opted to reinstate a death penalty. The United States will be suffering under the rule of the recently appointed justices for a long time to come unless some of them come to their moral wits.

 

 

 

Finally, the State Legal Aid Agency for Florida has reportedly announced it is broke. Lawyers working for clients are now left 'waiting for their cheques and working for free' according to the Miami Herald. According to the report, "the Justice Administrative Commission says it has already spent the money alloted for the second quarter of the fiscal year, and is asking the governor and Legislature to release its third quarter funds early." Politicians are blamed, " Broward Public Defender Howard Finkelstein says state legislators should be blamed for underfunding the conflict-attorney program. ''It is expensive to dispense quality justice whether the lawyer is a public defender or a special public defender,'' he said. ``It is irresponsible for the legislature to try to do justice on the cheap.'' The Death Penalty Information Center reports that Florida spent average of $3.2 million per execution from 1973 to 1988 (according to anothe Miami Herald report).

Russia ready to extend moratorium, Hope in Maryland, Zambian Disappointment

13 November 2006

The online legal journal JURIST reported today on an article appearing in Pravda that the Russian Federation may be about to extend its moratorium on the death penalty by 3 years. Russia's current moratorium was imposed in order to join the Council of Europe. As a result of the moratorium, Amnesty considers Russia to be Abolitionist de facto without requiring the normal 10 year absence of execution. The extension relates to a prohibition on death sentences for those not tried by jury and is related to legislation that is extending a deadline for trial by jury legislation in Chechnya. According to the Pravda article, "Valery Grebennikov, the first deputy chairman of the parliamentary committee for criminal, civil and arbitration law, said that Russia undertook to cancel death penalty, when it joined the convention about the establishment of the Council of Europe in 1996."

 

 

 

The first person in the US exonerated by DNA evidence is to speak at a public rally in his state of Maryland. The Examiner reports that Kirk Bloodsworth plans to speak at Goucher College in Towson at an event sponsored by Maryland Citizens Against State Executions. Bloodsworth is hopeful that the newly elected Democratic governor will be more open to examining abolishing the death penalty than his Republican predecessor. He has good reason for hope as the Governor has alreadygone on record saying that he is personally opposed to the death penalty on religious grounds.

The Supreme Court in Zambia has rejected a petition to abolish the death penalty on the grounds that the court does not have the jurisdictional power to do so. The court ruled that only the legislative branch can abolish the death penalty. The case which was examined in the argument made several points, ranging from the inconsistency with being a Christian State (as per the Constitution) to the cruelty and disproportionate means. It also looks as though this case was in violation of the ECOSOC safeguards, which expresses that the death penalty, if applied, should be reseverved only for those most extreme cases and of a common standard that the death penalty should not be a mandatory sentence to any crime (this is not an internationally agreed standard, but a predominant one - see Hood, 2002, p. 172). In this situation the sentence was for armed robbery where no life was lost.

Dalai Lama Praises EU Stance, Bush accused to trying to spread capital punishment to abolitionist states, Quick Canadian History

12 November 2006

The Dalai Lama on Saturday praised the European Union for its stance against the death penalty and for its calls for clemency for Saddam Hussein. Phayul.com reports that through an interpreter, the Dalai Lama said “It is possible to deter criminal activities…. without having to resort to death penalty.”

 

 

 

 

The Honolulu Advertiser reports that Justice Department officials have overruled Federal Prosecutors and are preparing to seek the death penalty against a soldier in Hawaii (Hawaii has no state-level death penalty - it was formally abolished in 1957). According to the article:

Naeem Williams, charged with murdering his 5-year-old daughter last year, is believed to be the first in the country to face the death penalty under a provision passed by Congress three years ago for first-degree murder cases involving "a pattern or practice of assault or torture against a child or children."

The U.S. Attorney's Office in Hawai'i recommended against seeking capital punishment for Williams and his wife, Delilah, who is also charged with the murder, according to sources familiar with the case who do not want to be identified because the recommendation is considered confidential.

The Justice Department went along with the recommendation for the 21-year-old wife, but U.S. Attorney General Alberto Gonzales, who must approve federal death penalty prosecutions, authorized seeking capital punishment for the husband....

Gonzales and former Attorney General John Ashcroft authorized 180 death penalty prosecutions, including 51 cases in which the local U.S. attorney's office did not recommend capital punishment, according to the Federal Death Penalty Resource Counsel Project, a national information clearinghouse for court-appointed defense lawyers in federal death-penalty cases.

Fourteen of the 51 cases are from non-capital-punishment states, said Kevin McNally, a Kentucky lawyer with the project....

Under President Clinton's administration, no one from a non-death-penalty state was sitting on a federal death row, but now there are six, Dieter said.

The Toronto Star today published a quick history of Canada's experience with the death penalty. Canada last executed a prisoner in 1962. It was abolished for Ordinary Crimes in the 1960s but it wasn't actually until 1998 that the death penalty was completely abolished. Like the UK, Canada kept capital crimes such as treason (found under Military Law). You will also find related things of interest on the CBC Archives on Canada & Capital Punishment (see my Death Penalty Links page)

US Results & Cases, Chinese Judge Sentenced to death, and Iranian Concerns

11 November 2006

 

 

 

According to the US Air Force Times, a former B-2 engineer may face the death penalty for charges that he sold military secrets to the Chinese. Elsewhere in the US - WIsconsin appears to still be unlikely to bring-back the death penalty despite the refferendum result. Wispolitics.com reports that the election of an abolitionist governor and the Democrat momentum makes it unlikely that the author of the referrendum will even table the motion. According to the article "Four people convicted of first-degree intentional homicide in Milwaukee County over the past four years would be eligible for execution if a Wisconsin bill along the lines of the advisory death penalty referendum became law, according to the Milwaukee Co. district attorney's office." This strikes me as odd, because to my understanding, only crimes committed at the time when the death penalty applies, could be eligible for such a penalty (i.e., that it cannot be applied retroactively).

The Shanghai Daily reports that in China a former Chief Judge has been sentenced to death. Li Xinran writes:

THE former chief judge of China's Hunan Higher People's Court was sentenced to death at a trial in Beijing yesterday for accepting millions of yuan worth of bribes, Xinhua news agency reported today.

Beijing's No. 2 Intermediate People's Court said Wu Zhenhan took bribes worth over 6 million yuan (US$759,500) from 1998 to 2003. Wu reportedly accepted some of the bribes via his wife and son. Both of them are considered accomplices, Xinhua said.

The court said Wu is guilty of accepting bribes and taking advantage of his position. However, since Wu confessed to all the crimes, he was given a two-year suspension on his death penalty.

Human Rights Watch has issued a press release calling on the Iranian authorities to halt the execution of 10 people convicted in secret trials in Iran. The '10 Iranians of Arab origin' were 'convicted of carrying out bombings in Ahwaz, capital of Khuzistan, last year... According to Iranian activists, one of the convicted men, Nazem Bureihi, has been imprisoned since 2000 and was serving a 35-year sentence for “insurgency against the state” at the time of his alleged crime.' Information for composing an appeal can be found on the Human Rights Watch website.

Finally, today being Armistice Day (aka Remembrance Day aka Veterans' Day), I thought it would be appropriate to discuss briefly why I chose to name my Death Penalty workshop Pro Patria Mori. This related to a number of thoughts but began with the famous World War I poem Dulce Et Decorum Est by Wilfred Owen. The final lines of the poem, declaring it the great lie, are from Horace: Dulce et decorum est pro patria mori (meaning how sweet and beautiful a thing it is to die for one's country). The death of Socrates reminded me that there are two ways to die for one's country, either by fighting for the country or by being a victim of the country's laws (i.e., the personification of the country). I am not endorsing war, but I feel that it is also somewhat vile that countries that continue to use a death penalty are really killing in the name of the country in just the same way as soldiers accepting their deaths on behalf of the interests of the state. That those accepting the death penalty can be likened to Socrates in his reasoning that this is a part of the country which he has benefited from in the past and so this is a price to pay. That the honour we have for those who have died in the past fighting in horrifying wars should in a way also be given to those executed by the state. In this way I feel that by executing a prisoner, we dishonour our war dead and our veterans who took that risk.

In honour of those who have died such that we may have our current freedoms, here is an image of the John McCrae poem, In Flanders' Fields:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wisconsin Disappoints, Rwanda Readies for Abolition and Morocco looks to abolish

8 November 2006

Today's news brought with it disappointment on American Referendum results, despite the pleasure to see the President of the United States losing his rubber stamp to do whatever he likes. The Capital Times reports that the Republican author of the ballot question says he doesn not think that Wisconsin will see capital punishment return anytime soon. The ballot question was non-binding, meaning politicians are not bound to enact the result. Furthermore, the new Democrat control of the House of Representatives and a likely veto from the abolitionist Governor of Wisonsin make reintroduction unlikely. What is more frustrating however is the deceptive nature of the question. As earlier reported, there is the belief that this question was posed with no intention of actually tying DNA as a requirement for a capital trial (see article below and the referenced article 'Bait and Switch.'

In Rwanda however, news of the continuing plan to abolish the death penalty with the support of all main political parties (see AllAfrica.com) has revealed another motive to abolition - The Nigerian Tribune reports on Rwanda's seeking of the extradition of suspected war criminals from Britain - which refuses to send back persons facing likely death.

 

 

Morocco also made the news in announcing plans to examine abolition, potentially becoming one of very few Islamic nations to do so. The Gulf Times reports that the Moroccan Minister of Justice says that Morocco 'has the will' to abolish the death penalty. Morocco is currently Abolitionist de facto (meaning that it has not had an execution in at least 10 years and shows intention to abolish). See Amnesty's last Country Report on Morocco.

World Speaks Out on Death Penalty and US Ballot Comes to vote

7 November 2006

Yesterday’s news was full of illustrations of the stance of various governments in respect of the death penalty, but also of one of the reasons it can be difficult to influence change in other nations. The US Administration, unsurprisingly, was jubilant at the verdict in Iraq . Tony Blair on the other hand, while praising what is basically just the fact that the Iraqis managed to finish the first trial (despite killings and undue influences), did finally clarify that even for Saddam Hussein , Britain remains opposed to capital punishment.

An interesting article in The Independent points-out some other things to be drawn from the verdict, notably that the crime for which Saddam Hussein has been sentenced to death occurred not while Saddam was an enemy of the US , but whilst as an endorsed ally! The US and Britain bear some responsibility for these atrocities even if they did not make the orders to commit the crimes, they are least guilty of aiding and abetting the crimes.

Elsewhere in the world, Kazakstan is considering a proposal to extend capital punishment to drug-related crimes. An article by The Institute for War and Peace Reporting suggests that this is unlikely to succeed for several reasons: firstly there is a current moratorium on the death penalty in Kazakstan, based in part on a faulty judiciary system. Secondly this would be against a growing trend not only of countries to abolish or discontinue the death penalty, but especially in former Soviet states and finally this would be a major set-back as an expension of the applicability of the death penalty contrary to international standards. The article also notes "NBCentralAsia commentators note that the trend in Kazakstan has been towards total abolition as the government focuses on its bid to chair the OSCE."

Finally, today is another chance for Americans to voice their opinions on the death penalty in those states with death penalty questions on the ballot or with stances on capital punishment being significant differences between candidates in the US House and Senate elections. As much as I’d like to think that this would present a true picture of opinion the truth is that US voter turnout is historically poor (unless you happen to get bussed there from your church by Karl Rove). What I mean is that with any sample, the smaller it is the less it can be taken as definitive of the whole and if you taint the sample with a biased selection the resemblance to the whole will be even less so. Furthermore, even if ‘conspiracy theorists’ are wrong about the timing of Hussein’s death penalty verdict and these elections, it’s still something likely to be on the minds of voters – leaving some to really think what they are being asked is if they want Saddam to hang, not whether they think they should be executing people who live amongst them. For a revealing editorial piece on the ballot in Wisconsin, I recommend this article in The Capitol.

I’ve also posted in relation to this question an excerpt from the 1986 Death Penalty Handbook – a speech given at an Amnesty AGM in 1984, that I think gives an excellent clarification of why the death penalty is a matter for human rights – why it is in fact an exceptionally apt example of human rights violation.

I believe that the sense for revenge is a natural feeling – but it is not one that we need to act upon. The desire for capital punishment is to me, rooted in the same drive that a murderer has at the time of committing the act. It is a drive that we need to recognize and exclude from our thinking – otherwise we become like those we think should die. Why should it make any difference what ‘sort of person’ it is that is suffering from torture or brought to the gallows? Innocent or guilty it should not matter. We’re all human.

Death Sentence for Saddam Hussein

5 November 2006

On Sunday Saddam Hussein was sentenced to hang for crimes of genocide. Reuters.com reports 'U.S. officials again dismissed charges the verdict was timed to aid President George W. Bush's Republicans at elections on Tuesday that have been dominated by dismay at Iraq's turmoil. Defense lawyers, who said they saw little hope from an appeal in the coming months, dismissed it as "victor's justice"' however the article notes the judge overseeing the case had 'ejected former U.S. attorney general Ramsey Clark from the defense panel after he called the court a "mockery of justice"' - hardly a good illustration of even-handedness.

I do not condone the crimes Saddam Hussein is reputed to have committed - I think them deplorable and despicable. At the same time Saddam Hussein's use of the death penalty while in power was also despicable. Continuing to have a death penalty demonstrates a country still inconsistent with human rights. The moment Iraq begins to show concern for human rights, will be an important beginning in Iraqi peace.

Saddam is now able to continue to appear martyred. At the sentence hearing, the Reuters report states: 'Bearded and tieless in a black suit, and clutching a Koran, Saddam called for "forgiveness" for "aggressors" and "traitors"' This is consistent with Islamic teachings to show mercy and forgiveness. It is hard to tell if Saddam has had a remarkable conversion to Islamic mercy while in jail or if he is playing politics but his behaviour, while odd, has included pleas for peace in Iraq at other moments during the trial.

As awful as these crimes are I believe it is likely inconsistent punishment when compared with those who have condoned similar acts (since the 1960s). Yes some former leaders have been executed (e.g., Ceausescu) but when similar crimes are considered, such as those performed by the United States in Central and South America, I believe that the 'victor's justice' claim is likely valid criticism.

Flags courtesy of ITA's Flags of All Countries used with permission.

Canadian Extradition case, Peru continues to slide, Iraq on Edge and an American Judge wants to go back to killing child offenders

4 November 2006

CTV News reports that Canadian authorities have arrested a Canadian man in Parry Sound (Ontario) accused of murdering his wife while in Arizona. US Authorities have not determined whether or not they will seek the death penalty, meaning that Canada cannot extradite him until they have assurances that he will not face a capital trial. This is just another example of how the death penalty works against those that continue to have and use it.

 

 

 

Pacifica.org reports on Amnesty International's Peruvian office objection to new laws to control NGOs (backed mainly by politicians who support Peruvian ex-president Fujimori). See below for another story on Peru's slide backwards in Human Rights standards.

 

 

In Iraq authorities are standing-by awaiting the verdict on Saddam Hussein's trail for genocide crimes. I do not condone the crimes the former President of Iraq is accused of performing but I have to say that execution will not solve anything in the country and I believe may make things worse for everyone involved, glorifying him to his followers and enraging more against the government. I would expect too, that an execution would never have taken place if the overthrow had been from a UN force. Many countries that have been through bloody and horrendous conflicts have abolished the death penalty shortly after freedom. The establishment of the death penalty I think is more likely from strong endorsement from the US Administration. Iraq has a terrible relationship with state sanctioned killing, not only under dictators, but under the current government even the sanctioning of extrajudicial killing by sectarian death squads. This was reported recently in The Guardian.

ABC News, reporting on an Associated Press article mentions a man being sentenced to 245 years in relation to rape and multiple murder charges. This man, ruled mentally retarded by a court (and so not eligible for the death penalty) is already serving a 100 year sentence for raping & murdering a young girl. I am glad that this is not resulting in a death penalty, but one has to wonder what the point is of giving such an extreme sentence especially in light of the fact that this person has been shown to be mentally handicapped. I feel that much more could be done in terms of a suitable and just sentence if more was done to address the mental problems of this defendant.

Dateline Alabama news reports on public bickering among US Supreme Court judges and those vying for their seats. It mentions specifically Alabama Supreme Court Justice Tom Parker criticising the US Supreme Court's 2005 ruling that finally outlawed the execution of juveniles. Parker was writing in an Opinion article in the Wall Street Journal. Parker claimed that the court was caving-in to liberals and was not representing the really great things about the USA. Really great? The USA was until that decision one of a very tiny number of countries that continued to execute child offenders - contrary to a large proportion of international standards and agreements. Prior to that decision Mark Fiore created a very good political cartoon that addressed the issue (amongst a slew of other reasons to criticise the death penalty in the US). Amnesty International notes: "Since January 1990 Amnesty International has documented 46 executions of child offenders in eight countries– the Democratic Republic of Congo, Iran, Nigeria, Pakistan, Saudi Arabia, the USA, China and Yemen. The USA carried out 19 executions – more than any other country. ... During the same period, several countries raised to 18 the minimum age for application of the death penalty, in accordance with international law. Yemen and Zimbabwe raised the minimum age to 18 in 1994, as did China in 1997 and Pakistan in 2000."

Here are links to information on Child Executions and International Law:

Amnesty's Note on the UN Convention on the Rights of the Child
Amnesty's Detailed International Legislation on the Protection of Children from Execution

Flags courtesy of ITA's Flags of All Countries used with permission.

US Supreme Court "A new chapter in our death penalty history" - a new low, Vietnamese Hopes, Electoral Debates and Victims divided?

3 November 2006

The Washington Post and the New York Times reported on a recent case brought before the 6th U.S. Circuit Court of Appeals, where a brain damaged defendant failed to provide his unexperienced defense lawyer with his real name, real Social Insurance Number or real date of birth and claimed to have no living relatives. In reality, Jeffrey Leonard, who was going by the name James Slaughter, not only had living relatives but also exceptionally mitigating circumstances including brain damage, sever beatings as a youth and even having been shot at by his father as a child. His relatives would have testified had they even known the case was going-on yet the 6th Circuit Court of Appeals was split on whether this would have made a difference in the resultant death penalty imposed by a jury that never heard even the accused's real name - they therefore REFUSED the appeal. It is hoped that this case will be appealed higher-up to possibly be retried.

In Vietnam, a legal commission wants to reduce the number of crimes considered capital offences. This is a step in the right direction, but Vietnam still has a long way to go. Official numbers on executions are considered secret. Execution is still by firing squad which has been criticised by the same commission as being psychologically traumatic on the firing squad members. According to the article, in 2000, Vietname reduced the number of capital offences from 44 to 29. This amendment would reduce that by 9 again. The committee claims that the "death penalty’s deterrent effect was not as strong as expected" - without official figures this would be hard to figure-out, but if the rest of the world's known figures are anything to go by, it would be hard if not impossible to establish any deterrent effect. This can be inferenced from changes noted in the 2006 Amnesty report on Vietnam: "In January, the Prime Minister issued a decree making the reporting and dissemination of statistics on the use of the death penalty a “state secret”. However, some death penalty and execution cases continued to be reported in the Vietnamese news media."

Again today in the Washington Post, is a reported debate on the death penalty between Maryland Senate competitors Democrat Benjamin L. Cardin and Republican Michael S. Steele. When asked about their stance on the death penalty, according to The Post: "Cardin said Steele should have done more as lieutenant governor to repair the state's death penalty system, and Steele, the first African American elected statewide, suggested that Cardin was insensitive to racial disparities in its application."

In Wisconsin, victims' families are divided over the question on the death penalty. There appears to be a similar situation with the relatives of the firefighters slain fighting California wildfires, who refuse to say either way how they feel about the accused arsonist possibly facing the death penalty. Channel 3000 News (Wisconsin) describes one family's reasoning against the death penalty despite being indirect victims of murder:

'Hank and Sharon Starkey's son Mark was murdered in 1990, slain by a drifter who had been in Madison only a few hours.

I don't believe in killing, and so if the person that killed our son, if he were put to death, would that end my grief for Mark? No," said Sharon Starkey. "In prison for life? Sure. I'm not sure I really want to see him walk the streets again, but I don't want to see him put to death."

"The man who killed Mark, his last words in court were he would do it again. Still, I do not wish him death," said Hank Starkey. '

Peruvian Grandstanding, China Moves to Cope with Increased Scrutiny and American Death Penalty Politics

2 November 2006

A quick scan of today's Death Penalty articles reveals a considerable attention to prosecutors pursing the death penalty against a man accused of arson in relation to California forest fires (these fires did kill 5 firefighters but it would be hard to say that that had any intentional relation to the arson).

In Peru, the President has brought-up his willingness to apply the death penalty to terrorists. Peru is an Abolitionist for Ordinary Crimes country. Expanding the scope of the application of the death penalty is a step backwards - not only for progress in abolition, but for human rights. There is considerable danger that the scope of definition for 'terror' may be manipulated over time to increase application.

 

 

 

China it appears, has been preparing for the announced change in the procedure to apply the death penalty. China has announced, according to the International Herald Tribune, that the number of judges for its supreme court has been increased to 100 in order to handle the massive expected caseload. This I take with mixed reaction. First, it is good because decreasing pressure (by increasing staff) will allow for better scrutiny of each case. It is also bad however, in that an increase in staff may also mean an increase in rate of execution. Since China refuses to publish official figures, it will be hard to track this except through newspaper reports (as monitored, e.g., by Amnesty International). One anticipates that it is most likely the move to make the Supreme Court the only authorised source of a death sentence, will help to limit the numbers executed (which last were were estimated by a government source at around 10,000 people killed). I guess we'll just have to hope and if possible, see.

Finally, the politics of the US election and ballot items continues to be a source of many media items on the death penalty. As in Peru, political support for the death penalty against those accused of terrorism seems to be high - even among politicians who claim to be normally opposed to the death penalty.

 

 

 

Maps courtesy of www.theodora.com/maps used with permission.

Looking for Last Month? Only 40 Days until World Human Rights Day 2006!

1 November 2006

Don't worry! All October Blogs have been archived and can be accessed by clicking on the links to the left. This is a practice I will be continuing to do.

30 Days Until Cities For Life, 40 Days until World Human Rights Day 2006! Amnesty celebrates each year with write-a-thons and postcard campaigns. Go to Amnesty's International Website to find your local group & get involved! WE'RE ALL HUMAN!

 

The day's death penalty news items still mostly relate to the recent advance in China (see my October blogs) and many letters in support of Abolition in Wisconsin (there is one letter clearly in support of bringing the death penalty back, but not one I'd consider to meet a standard worth reading - if you really want to see it, it's on spooneronline.com's Advocate Newspaper).

Hands Off Cain explained the reasons why Italy was unable to present a motion for a worldwide moratorium on the death penalty. According to the article, Foreign Minister Massimo D’Alema claims that "Britain was unwilling even to sign a declaration against the death penalty as had been the general consensus formed among other EU member states." (Italy had decided this year that a full European consensus was required before submission to the UN). It's not clear from the article why Britain has taken this stand and I am looking to see if there are any ongoing coordinated actions to speak to Prime Minister Blair to reverse this stance.

Sign the World Coalition Against the Death Penalty Petition to Abolish the Death Penalty in ALL Countries everywhere.