Friday, October 30, 2009

Time for America to move past capital punishment

How much more ghastly will the stories of torture in the Ohio execution chamber have to become before the federal government steps in to protect that state from itself?

It doesn’t appear to be enough that Ohio prison officials spent two hours fruitlessly digging in a convict’s arms for a vein last month to inject lethal drugs and execute the man. The convict, Romell Broom, was convicted of raping and stabbing to death a 14-year-old girl in 1984.

Even for those who believe that such heinous criminals deserve to die, our society becomes dangerously base if we promote these kinds of deaths.

Now, Ohio officials are looking at taking this grisly reprise even further. Officials there yesterday said they would investigate a way to inject the lethal drugs directly into the convict’s bones to reach bone marrow, in case a usable vein isn’t found by executioners.

This sordid plan is no nightmare from a Hollywood slasher movie, it’s what government officials are cooking up to prevent another execution disruption like the one that halted the lethal injection in Ohio last month.

Jabbing a needle into a bone to deliver any kind of drug is a notoriously painful procedure. To inflict that kind of pain to deliver the death knell to criminals goes far, far beyond implementing justice and brings the government into the business of revenge killings. State and federal law requires we treat animals for slaughter better than this. It doesn’t matter how revolting or aggravating a crime is, we should never permit this kind of torture of any human.

Now is the time for America move beyond such barbarism.

The United Nations and others have exhaustively studied the issue for more than 40 years. The studies show that countries that execute criminals don’t have any better capital crime rate than those who lock up the criminals for good.

The United States is the last modern society that doesn’t admit that the death penalty only makes for revenge, not justice, and that it’s all too easy to kill innocent people. The few who continue to mete out death are countries like China, Iran and Saudi Arabia, Cuba and North Korea. Surely we have progressed further than those societies and are ready to join the ranks of Canada, United Kingdom, Australia and even Russia.

Source: Editorial, Aurora Sentinel (Colorado), October 7, 2009

Willingham: So many questions that refuse to go away

Nearly 18 years ago, a long nightmare began for my family. Every time we think the truth is finally coming to light, a new twist reopens old wounds.

In 1991 my stepson, Cameron Todd Willingham, woke up to discover his Corsicana house on fire. The events that followed have been twisted by people with their own agenda. I am speaking out now because it is time for the truth in this case.

The evidence that was used to convict Todd has been discredited by experts and witnesses. Since Todd’s execution in 2004, several independent experts have concluded that the forensic analysis at Todd’s trial was wrong.

Gov. Rick Perry ignored an expert’s report about the evidence and refused to delay Todd’s execution. Five years later, Perry has interfered with the Texas Forensic Science Commission’s investigation of the case. It’s not clear when the commission will resume its work, but our family hopes it happens soon.

Meanwhile, Perry and others — including the man who prosecuted Todd, the defense attorney from Todd’s trial who I think defended him very poorly, and some members of the media in Texas — have focused on Todd’s character. For weeks, my family and I have seen reports about what a "monster" Todd was. The truth is that Todd was sometimes difficult, and his marriage was not always a happy one. That’s not a crime punishable by lethal injection.

When Todd was 13 months old, I married his father and we raised him together. I found a boy who was angry and confused, but also smart and compassionate. I helped that boy grow into a man who did everything he could to provide for his family and fill his children’s lives with love.

Todd loved his children. We all did. I have always believed he was innocent, even before the recent revelations about the evidence that was used against him.

I don’t want to walk through every detail of the evidence, but there are two new arguments from the media and others that I want to address.

First, Todd’s ex-wife reportedly says now that he confessed to her. I don’t believe this is true. More importantly, I don’t understand how anyone can believe what his ex-wife says, given how much her story has changed and how often it has changed. In my eyes, she is simply not credible after so many versions of this story, which makes the evidence — or lack thereof — all the more important.

Second, the fact that Todd didn’t run into a burning home is not proof that he set the fire. He tried to go back into the house and authorities had to restrain him. Even if that weren’t the case, human instinct prevents people from running into fires that will kill them. We may all think we would run into a serious fire to rescue someone, but human nature takes over in the moment.

People are entitled to their opinions about the death penalty. But we don’t execute people for having a bad marriage and a complicated personality.

My family has lost three beautiful little children and their loving father. We want answers. We want to know how the justice system got so badly off-track in Todd’s case, and we want to know how many other families have been devastated by erroneous evidence in arson cases in Texas.

Attacking my son won’t change the troubling lack of evidence in his case, and it won’t answer questions that refuse to go away.

Source: Opinion by Eugenia Willingham, Special to the Star-Telegram, Editorials and Opinions, Oct. 29, 2009. Eugenia Willingham of Ardmore, Okla., is the stepmother of Cameron Todd Willingham.

Thursday, October 29, 2009

Extremism Spreads Across Indonesian Penal Code

Under Islamic law, or Shariah, the religious police have administered public canings for such things as gambling, prostitution and illicit affairs. But under a new Islamic criminal code that goes into effect this month, the Shariah police will be wielding a new and more potent threat: death by stoning for adulterers.

Members of the Shariah police, standing, reprimanded women in Banda Aceh for wearing clothing they judged to be too tight.

Most of Indonesia still lives up to its reputation for a moderate, easygoing brand of Islam, and Islamist parties suffered heavy losses in this years national elections. But how Aceh went from basic Islamic law to endorsing stoning in a few short years shows how a small, radical minority has successfully pushed its agenda, locally and nationally, by cowing political and religious moderates.

Though extreme, Aceh is not an isolated case. In recent years, as part of a decentralization of power away from the capital, Jakarta, at least 50 local governments have used their new authority to pass Shariah-based regulations regarding conduct and dress, though none have gone as far as Aceh to deal with criminal matters.

Most experts and human rights advocates believe the regulations discriminate against non-Muslim minorities and contravene the country's Constitution, which guarantees freedom of religion. But the government of President Susilo Bambang Yudhoyono a moderate former general whose Muslim credentials have often been questioned by political opponents has not challenged them. In fact, Mr. Yudhoyono has backed morality-based laws that pleased Muslim conservative allies but angered advocates of human rights.

The president has yet to comment on the stoning provision, leaving it to his aides to quietly criticize it and clearly hoping that the Aceh Parliament will repeal it. Acehs governor has said he will refuse to carry out any stonings, and even supporters acknowledge that the punishment will
be extremely hard to apply for practical and theological reasons. Nevertheless, because the governor lacks veto power, stoning could remain on the books.

That would be an embarrassment for Mr. Yudhoyono, who has sought to raise Indonesia's international standing through its status as the worlds third largest democracy and its most populous Muslim nation. If Acehs lawmakers fail to repeal stoning, the central government may be forced into the potentially divisive course of a court challenge to the local application of Shariah, which has gained wide acceptance here.

Just before noon prayers one recent Friday a mandatory session for men the Shariah polices all-female brigade hopped onto a Toyota pickup to begin patrols. Dressed in olive uniforms, the officers hewed to the city center, away from the areas worst hit by the 2004 Indian Ocean tsunami. They urged stragglers to hurry to the nearest mosque and exhorted the recalcitrant to yield to Gods authority.

"Dear followers of Islam, people of Banda Aceh, blared a loudspeaker on the Toyota, our city has applied Shariah. Its almost praying time. Close all shops, stop all business activities. No more buying and selling." Aceh has long been know as "Mecca's veranda," because Indonesians used to
travel here to board ships bound for Islams holiest city on their hajj, or pilgrimage to Saudi Arabia, the birthplace of Islam. Acehs self-identity, if rooted in Islam, was always somewhat apart from the rest of Indonesia. Local forces fighting for autonomy, whether from Dutch colonizers or Suhartos three-decade military rule, always demanded the freedom to carry out Shariah.

So as Aceh separatists and the central government forged a peace agreement in the last decade, Aceh won semiautonomy and the right to Shariah. The authorities began putting Shariah into practice in 2001, widening and reinforcing it every few years with legal revisions. The Shariah police, officially known as "wilayatul hisbah," or the vice and virtue patrol, began operating in 2005 with 13 officers and now has 62, including 14 women.

As Acehs provincial Parliament began considering a more comprehensive Islamic criminal code earlier this year, politicians and clerics at first agreed to defer the issue of stoning, which they generally agree is a punishment specified in the Koran for adultery.

But some lawmakers, apparently allied with radical clerics pushed for its inclusion at the last minute, former and current lawmakers said. Afraid of being branded bad Muslims, even lawmakers with reservations endorsed the law, lawmakers said. Six of the seven parties represented in Parliament voted for the law. The holdout the Democratic Party, which is also President Yudhoyonos merely abstained.

"We never openly said that we were opposed to stoning," said Yusrizal Ibrahim, 49, a Democratic Party member who served as a lawmaker until last month. "Stoning is part of Shariah, and by voting 'No, it would have made it look as though we were against Islam."

But even the local members abstention drew a rebuke from a high-ranking party official in Jakarta. "He told us that if there was no other party opposing it, we should have gone with the flow," Mr. Ibrahim said.

He added he believed that "stoning was against human rights." But he said he would have never "dared to say so explicitly in Parliament" for fear of being labeled an "infidel."

Muhamad Nazar, Acehs deputy governor, said he hoped that a newly installed Parliament made up of more moderates would revise the criminal code.

But new lawmakers interviewed said they were reluctant to broach the delicate topic. Adnan Beuransah, 50, of the moderate Aceh Party, now Parliament's dominant party, said the issue was a "time bomb."

"We wont say whether we oppose stoning or not," Mr. Beuransah said. "Well just focus instead on education, health and more important issues."

Indeed, now that stoning has become part of Shariah here, even religious leaders fear that opposing it would raise doubts among their followers.

"We can't tell them to follow Shariah, except this part about stoning," said Faisal Ali, a cleric who is secretary general of Himpunan Ulama Dayah Aceh, an organization representing 672 Islamic schools, and who believed that Aceh was not ready for stoning yet. "If the people feel that we are
not supporting Shariah, they would feel that we are not part of them anymore. That would be an even greater loss because then they would'nt listen to us anymore."

People in Acehs rural areas were said to be Shariahs staunchest supporters, though even most people interviewed here in the provincial capital said they backed the stoning of adulterers.

"If people are caught, they should be given a warning the 1st time," said Fati Ibrahim, 43, a mother of 4 who was buying dustpans at a large store here. "But if theyre caught a 2nd or 3rd time, they should be stoned. "Otherwise, theyll give Aceh a bad image. They'll embarrass us outside Aceh, that we're not practicing Islam as it should be."

Source: New York Times, Oct. 28, 2009; Photo: Woman publicly caned in Inconesia.



Video of man and woman publicly caned for extra-marital relationship (Warning: graphic content)

UK: Amnesty slams death penalty call

Amnesty International has slammed a call by a DUP politician for the use of the death penalty in the UK and internationally.

Mass murderers like Ian Brady have sacrificed their right to life, according to East Londonderry MP Gregory Campbell.

He added that there was a cosy political consensus to deny the people of the UK their wishes.

"There are times when the death penalty, operated within a robust legal framework, is an appropriate form of punishment," Mr Campbell said.

"We can all think of mass murderers who through their evil acts forfeited their right to life.

"I have no compunction at all in saying that someone like Ian Brady, the Moors Murderer who murdered 5 innocent children has forfeited their right to live through their actions."

'Sordid'

Amnesty International's Northern Ireland Programme Director Patrick Corrigan said: Beheadings, electrocutions, hangings, lethal injections, shootings and stonings have no place in the modern world. Any popular support which exists for the death penalty falls dramatically when people are confronted with the sordid reality of capital punishment. All the more so when people realise that there is no evidence that it even deters crime.

"The good news is that executions are only carried out by a small number of countries and that this number is getting smaller by the year. Our members in Northern Ireland will continue to campaign for a death penalty-free world."

Mr Campbell, a former Stormont Culture minister, was addressing a Westminster Hall debate on capital punishment and added polls regularly showed a majority in the UK favoured the death penalty for crimes like premeditated murder.

SDLP Justice spokesman Alban Maginness was appalled at the suggestion.

"I think there is a well-established view that capital punishment in the western world is regarded as abhorrent and unlawful and inappropriate," he said.

"Capital punishment doesn't work. Quite apart from that it goes against the modern view of human rights and indeed there's a protocol attached to the European Convention on Human Rights outlawing capital punishment."

Source: UTV News, Oct. 28, 2009

Wednesday, October 28, 2009

Chronicle sues Perry over clemency report

The Houston Chronicle and Hearst Newspapers LLC are suing Gov. Rick Perry in an effort to force the release of a clemency report Perry received before denying a stay of execution to Cameron Todd Willingham.

The report is a summary and status of the case against Willingham that was given to Perry at 11:30 a.m. on the day of Willingham's 2004 execution in the fire deaths of his three daughters. Anti-death penalty advocates say modern fire forensics show the blaze cannot be proven as arson.

Perry's office has refused to release the report, claiming it is a privileged document. The clemency document was used by Perry in the process of deciding whether to give Willingham a 30-day stay of execution.

"When it comes to human life, there is no place the governor should be more transparent in his decision-making," said Jonathan Donnellan, an attorney for Hearst and the Chronicle.

"It should raise eyebrows that the governor is seeking to shield communications with his advisers as 'legal advice,' when the very idea of executive clemency power is to make a policy decision after the legal process has run its course," Donnellan said.

Willingham was put to death shortly after 6 p.m. on Feb. 17, 2004, just 88 minutes after the Governor's Office received an expert's report that the fire that killed Willingham's children could not be positively attributed to arson. It is unknown whether the report by Perry's general counsel included any mention of the arson controversy in the Willingham case.

In a statement e-mailed to the Chronicle, Perry spokeswoman Allison Castle said, "Todd Willingham was convicted and sentenced to death by a jury of his peers for murdering his 3 daughters, and that conviction was upheld by Texas courts and 9 times by federal courts including 4 times by the U.S. Supreme Court. The governor reviewed all the facts in this case and agreed with jury and the courts that Willingham was guilty of murdering his three daughters. Our office has fully complied with the public information act."

The Attorney General's Office has previously ruled that the specific documents that the Chronicle is referencing are not subject to disclosure under the Public Information Act.

A renewed controversy over the Willingham case erupted recently when Perry replaced members of the Texas Forensics Commission who were looking into the case to see whether standards for arson investigations could be improved. But their removal halted the investigation, sparking accusations the governor was trying to cover up an investigation into whether Willingham was innocent.

Perry cites precedents

The lawsuit contends that Chronicle reporter Lise Olsen on Aug. 31, 2009, requested documents on the Willingham case from Perry's office. With her permission, the Governor's Office redacted personal e-mail addresses and then produced 883 pages of documents.

The lawsuit says the governor's attorneys never informed Olsen that they wanted to withhold the clemency report. Nor did Perry's lawyers tell Olsen the document was not among those delivered to her.

Perry's office responded to Olsen's e-mail by saying the documents were similar to reports the Texas attorney general previously had ruled could be held from public view as privileged attorney product.

The governor has said the document contains nothing that is not in the public record, but he has refused to release it. He said the documents were kept private in both the administrations of Govs. Ann Richards and George W. Bush. The state archives at one point released the Bush clemency documents when Perry's office failed to object to their being made public.

Source: Houston Chronicle, 0ct. 27, 2009

Texas: Reginald Blanton executed

Reginald Blanton
A man convicted of murder in a San Antonio robbery more than 9 years ago was executed Tuesday evening after proclaiming his innocence.

Reginald Blanton, 28, received lethal injection for the April 2000 shooting death of Carlos Garza at the 22-year-old man's apartment.

In a brief statement after he was strapped to the Texas death chamber gurney, Blanton insisted his execution was an injustice and he was wrongly convicted.

"Carlos was my friend," he said, looking at Garza's mother, wife and 3 sisters, who watched through a window a few feet from him. "I didn't murder him. What's happening right now is an injustice. This doesn't solve anything. This will not bring back Carlos."

Blanton also complained the lethal drugs that would be used on him weren't allowed to put down dogs.

"I say I am worse off than a dog," he said. "They want to kill me for all this. I am not the man that did this."

Then he told friends he loved them and to continue to fight.

"I will see y'all again," he said.

He was pronounced dead at 6:21 p.m., 8 minutes after the lethal drugs began flowing.

"Today is the day we have all been waiting for," said one of Garza's sisters, Sulema Balverde. "My brother Carlos Garza can finally rest in peace."

The women held hands or wrapped their arms around each other while Blanton spoke. Some wiped away tears.

"I miss my son dearly and have waited for this day to finally get here," said Irene Garza, the victim's mother.

The punishment was carried out less than 2 hours after the U.S. Supreme Court rejected Blanton's last-day appeals.

He had always maintained his innocence but a security video submitted at his capital murder trial showed him pawning 2 gold necklaces and a religious medal belonging to Garza about 20 minutes after the shooting. When he was arrested 4 days later, he was wearing more of Garza's jewelry.

Blanton's twin brother, Robert Blanton, told police his brother broke into Garza's apartment, believing no one was home, and shot Garza when he appeared.

Prosecutors said Reginald Blanton, who was 18 at the time, took some jewelry and left, then returned 20 minutes later to go through Garza's place. He took about $100 in cash. The necklaces got him $79 at a pawn shop.

A neighbor called police after seeing the broken door and spotting Garza lying on the floor. Garza died later at a hospital.

Robert Blanton's girlfriend tipped police about the shooting. Robert Blanton implicated his brother during questioning. Reginald Blanton argued his brother's statement was coerced by police.

Robert Blanton wasn't charged in the case because authorities couldn't show he was involved in the break-in or shooting, but he's now in prison, serving a 2-year term for an unrelated drug conviction at the Huntsville Unit, the prison where the execution was carried out.

Reginald Blanton's trial attorneys told a Bexar County jury he shouldn't be sentenced to die, saying he had a horrible childhood with little supervision and he could have been harmed as a fetus because his mother was pushed down the stairs.

Witnesses testified Blanton smoked marijuana at age 11, spent time at a juvenile boot camp and joined gangs in San Antonio to seek protection his family didn't provide. He had previous arrests for shoplifting, weapons possession, auto theft and marijuana possession. When he was arrested on the capital murder charge, he had 4 bags of marijuana and a shotgun. He was accused of assaulting an inmate while awaiting trial.

On death row, prison records show Blanton had several disciplinary infractions, including possession of a sharpened steel shank. He also was among death row inmates caught last year with illegal cell phones.

Blanton became the 19th inmate to be executed in Texas this year. At least 6 more lethal injections are scheduled before the end of the year, including Khristian Oliver, 32, set to die next week for the beating death of a Nacogdoches County man during a burglary in 1998. Blanton becomes the 442nd condemned inmate to be put to death in Texas since the state resumed capital punishment on December 7, 1982. He is the 203rd condemned inmate to be put to death since Rick Perry became governor in 2001.

Blanton becomes the 42nd condemned inmate to be put to death this year in the USA and the 1178th overall since the nation resumed executions on January 17, 1977.

Sources : Associated Press & Rick Halperin, Oct. 28, 2009

Tuesday, October 27, 2009

Saudi Arabia: man beheaded for murdering elderly woman

October 23, 2009: Saudi Arabian man Ghanim bin Marzuq al-Dosari was beheaded by the sword in Riyadh for murdering an elderly woman in the course of a robbery and then violating her corpse, the official SPA news agency said.

No details were given on when the crime took place, but the interior ministry said Dosari had earlier robbed and raped other elderly women.

Sources: Agence France Presse, Hands Off Cain, 24/10/2009

Law of Parties all over again: Death row inmate hopes for Perry's intervention

Robert Lee Thompson (pictured) didn't fire the shot that killed a Houston convenience store clerk; his accomplice did. But barring Gov. Rick Perry's intervention, Thompson will be the one headed to the Texas death chamber next month while the accomplice serves a life sentence.

Thompson, 34, and Sammy Butler, 32, were tried for capital murder for the Dec. 5, 1996 stickup of a Braeswood Boulevard convenience store in which clerk Mansoor Rahim was killed. Under Texas' law of parties, all participants in a such cases are eligible for the death penalty, regardless of who did the actual killing.

Thus, Thompson, who wounded but did not kill another employee, was convicted and sentenced to die. But prosecutors failed to prove Butler intended to kill his victim, leading to a noncapital conviction and a life sentence for the triggerman. Butler will be eligible for parole in 2036.

Thompson's lawyer Patrick McCann calls the situation “egregious,” and describes the case as a “legal Catch-22 that could only happen in Harris County.”

Rebuffed by a series of appeals courts, McCann on Monday turned to the state's pardons and paroles board in a near-last-minute bid to save his client from a Nov. 19 execution.

In a six-page petition, the lawyer asks the board to recommend that Perry issue a 180-day reprieve or commute the sentence to life in prison. It's a long shot, McCann knows. The pardons board rarely advocates clemency and the governor almost never grants it.

In the petition, McCann likens Thompson's case to that of San Antonio robber Kenneth Foster — the only capital murder case in which Perry voluntarily commuted a death sentence to life in prison.

Three hours before the scheduled execution in August 2007, Perry spared Foster's life, expressing concern that trials for Foster and his accomplice had been held simultaneously. Foster had been a getaway driver in the 1996 robbery in which his accomplice killed a store employee.

The trials for Thompson and Butler were not held simultaneously, McCann conceded, but Thompson was tried first — and that was just as unfair, he contended.

Turning to the pardons board is an indication that McCann believes Thompson is running out of options. Similar arguments gained no traction with the U.S. Court of Appeals for the Fifth Circuit and the U.S. Supreme Court. Since January 2001, more than 200 Texas killers have been executed. In more than 120 instances, the pardons board rejected killers' petitions. Given the slim chance board members will act favorably on a petition, many condemned killers don't bother asking.

“I'm always hopeful when it's a law of parties case and my client hasn't killed,” McCann said. “I'll admit the odds are against us, but if Gov. Perry has shown one thing, it's that he's receptive to hearing law of parties cases.”

Thompson, interviewed recently on death row, said his case “shows why the death penalty in Texas is corrupt. They're trying to justify capital murder. Where is the capital murder?”

Trial testimony revealed Thompson shot store clerk Mubarakali Meredia four times but did not kill him. After the clerk opened the cash drawer, Thompson placed his pistol to Meredia's neck and pulled the trigger a fifth time. The weapon was out of bullets. Thompson then clubbed Meredia with his pistol.

The shot that killed Rahim, Meredia's cousin, was fired by Butler as the robbers fled the parking lot.

Prosecutors on Monday said they have not seen Thompson's clemency petition.

In the punishment phase of Thompson's trial, prosecutors called witnesses who testified that he had participated in at least seven other robberies.

Source: Houston Chronicle, Oct. 27, 2009

Freed death row inmate calls on Perry to halt executions

Ernest Willis, the West Texas man who spent 17 years on death row for an arson-murder he didn't commit, Monday called on Gov. Rick Perry to admit Texas may have erred when it executed Cameron Todd Willingham for setting a fire that killed his 3 children.

I think he should step up to the plate, call for a death penalty moratorium, listen to the experts and see what kind of situation we've got, Willis said in a telephone interview from his Midland home.

The cases of Willis and Willingham were among those to be discussed at an Oct. 2 meeting of the Texas Forensic Science Commission that was derailed when Perry unexpectedly removed the commission's chairman and 2 other members. Perry has insisted Willingham was guilty of setting a 1991 Corsicana house fire in which his young children died. Willingham's ex-wife also has expressed belief in his guilt.

But Willis, who talked with Willingham while both were on death row, said he is convinced the Corsicana auto mechanic was innocent.

"Most of the people on death row are guilty," he said, "but there's a small percentage who are not. ... Willingham told me his was innocent. His case was almost identical to mine. I believed him."

Willis said he referred Willingham to his team of New York lawyers whose 12 years of work ultimately set him free.

"I don't know what he did," Willis said. "I know they didn't take up his case."

Willis, 64, was sentenced to die for a 1986 house fire in the Pecos County town of Iraan in which 2 sleeping women perished. In 2004, a federal judge ruled that authorities wrongly had dosed Willis with anti-psychotic drugs during his trial leaving him a virtual zombie and that he should be retried or set free. A Pecos County district attorney then dropped the charge, admitting that the Iraan fire appeared to have been an accident.

Willis noted that seven national fire experts, including Baltimore, Md.-based Craig Beyler, whose report was to be heard at the Oct. 2 meeting, now have raised grave doubts about the accuracy of the Corsicana investigation.

Of his own experience he said, "It made it a lot tougher knowing that I was innocent. If I had been guilty, I would have been ready to face the music. But I tried never to give up hope. I was always preparing myself for release."

Source: Houston Chronicle, Oct. 26, 2009

Monday, October 26, 2009

Ohio can't find doctors to offer execution advice

Finding medical professionals willing to advise Ohio on the best way to put condemned inmates to death is proving difficult because of ethical and professional rules, the state's top attorney said.

The rules which generally prohibit doctors, nurses and others from involvement in capital punishment are deterring those professionals from speaking publicly or privately about alternatives to the state's lethal injection process, Attorney General Richard Cordray said.

"A small number of promising leads have emerged, but identifying qualified medical personnel willing and able to provide advice to the State regarding lethal injection options continues to be challenging and time-consuming," Cordray said in the Friday filing in U.S. District Court.

Executions are on hold in Ohio while the state develops new injection policies following a Sept. 15 execution that was stopped because the inmate had no usable veins.

The state has reached out to judges, police and lawmakers for help trying to find medical professionals willing to talk to the state, according to the filing written on Cordray's behalf by Charles Wille, head of Cordray's death penalty unit.

Cordray also said 5 lawmakers he didn't identify have agreed to try to find medical staff to help.

The state has a 2-year, $33,200 contract with just one doctor, Mark Dershwitz of Massachusetts, a lethal injection expert who frequently testifies on behalf of states in lethal injection cases.

Dershwitz, an expert witness for Ohio at a March trial challenging Ohio's injection system, is the only doctor the state is currently talking to, said Julie Walburn, a prisons department spokeswoman.

Gov. Ted Strickland stopped the execution of Romell Broom after two hours when executioners failed to find a usable vein.

U.S. District Judge Gregory Frost delayed Broom's execution pending a hearing on Broom's request that the state shouldn't be allowed to try to put him to death again.

Strickland, a Democrat, then granted five-month reprieves to inmates scheduled to die this month and next, and Frost delayed a December execution while the state revises its injection policies.

Among the changes the state is considering is injecting lethal drugs into inmates' bone marrow or muscles as an alternative to or a backup for the traditional intravenous execution procedure. Broom complained in an affidavit following the execution attempt that execution staff painfully hit muscle and bone at times during up to 18 attempts to reach a vein.

Broom was convicted of kidnapping, raping and killing a 14-year old girl in 1984.

Also Friday, the European Union asked Strickland to spare Broom and temporarily halt all executions in Ohio.

On the Net: Capital punishment in Ohio: http://www.drc.ohio.gov/Public/capital.htm

Source: Associated Press, Oct. 26, 2009

Scheduled execution of DC sniper stirs debate

With November 10th set as the execution date for John Allen Muhammad (pictured), the man dubbed the DC Sniper, new interest in his case is growing, with people on both sides speaking out.

Muhammad was tried in Virginia Beach for the murder of Dean Meyers in Prince William County on October 9, 2002. Convicted, the jury recommended death, and a Virginia judge issued the death sentence in March 2004.

Marion Lewis’ 25-year old daughter, Lori Ann Lewis-Rivera, was killed by Muhammad and his teenage accomplice, Lee Boyd Malvo, during a three week shooting spree in October 2002 that crossed two states and the nation’s capital and saw ten people killed by the snipers. Malvo was sentenced to life for his role in the shootings. Lewis says that he wishes he could dispatch Muhammad himself, but will settle for just being present at the execution.

Other victims’ family members also wish to be present. The director of the Victim/Witness Program in Prince William County, Patricia D. Allue, says that eleven families of victims have expressed interest in attending the execution.

Not everyone, however, is excited about this execution. Jonathan Sheldon, Muhammad’s attorney, has asked Gov. Tim Kaine to grant clemency based on new evidence of mental illness brought on by Gulf War Syndrome. He said, “Execution is not justified in this case because of John Muhammad’s severe mental illness as illustrated by brain damage, brain dysfunction, neurological deficits as well as his psychotic and delusional behavior.”

Richard Dieter, the Executive Director of the Death Penalty Information Center, agrees, saying that "From the evidence that has been submitted with the clemency petition for Mr. Muhammad, it appears that he is seriously mentally ill, more so than many people realized. This is not an excuse for his terrible crimes, but it should factor into whether he should be executed.”

Beth Panilaitis, Executive Director of Virginians for Alternatives to the Death Penalty, is also opposed to this execution. “Our thoughts are with the victims and with all those impacted by the shootings and the trauma of that time,” she says. “It is important to keep in mind that the citizens of Virginia and the greater metro area have been safe from this crime for seven years. Incarceration has worked. Life in prison without the possibility of parole has and will keep the people of Virginia safe. The execution and media coverage around it resurfaces all the crime details and in many ways re-traumatize the families of the victims and the community as a whole.”

Last year Kaine commuted the death sentence of Percy Walton to life in prison due to evidence that Walton suffered from mental illness. The US Supreme Court banned executing the mentally ill 2002 in Atkins v. Virginia.

Muhammad’s execution also comes at a time when the death penalty faces major challenges. Although there is little evidence to suggest that Muhammad might be innocent, Dieter and Panilaitis both cite the 2004 execution of Cameron Willingham who, as it turns out, may have actually been innocent. “The case of Cameron Willingham in Texas is an example of how the state may have executed an innocent person. Life without parole serves society's needs for punishment and protection without the risks associated with executions,” says Dieter.

Governor Kaine’s office says that he does not make comments on clemency requests until he makes his decision; however Kaine said that he can see no reason why the execution will not take place, but he promises to review the clemency petition.

Muhammad’s execution is scheduled to be carried out at the Greensville Correctional Center in Jarratt, Virginia on November 10, 2009 at 9:00 PM.

Source: Examiner.com, Oct. 26, 2009

Uganda: Anti-homosexuality Bill -- Time to denounce death penalty

In January, the Supreme Court of Uganda delivered a judgement in the case of Susan Kigula & 417 Others, in which it rejected the claim that the imposition of the death penalty violates the Constitution of Uganda.

However, rather than leaving matters there, the Supreme Court went on to urge the legislature to "reopen debate on the desirability of the death penalty in our Constitution, particularly in light of findings that for many years no death sentences have been executed yet the individuals concerned continue to be incarcerated on death row without knowing whether they were pardoned, had their sentences remitted, or are to be executed."

Despite this encouragement from the Supreme Court, the chances of such a debate transpiring anytime soon seem unlikely: The political agenda in any country is rarely dictated by actual need and more by political will. However, the likelihood of a legislative debate on the merits of capital punishment has recently dramatically increased with the tabling of a Private Members Bill by Ndorwa West MP David Bahati, titled The Anti-Homosexuality Bill 2009. The Bill fundamentally undermines numerous human rights and has rightly been denounced by a group of 17 local and international human rights organisations, who have called for its immediate withdrawal. One of the gravest provisions in the Bill is the new offence of "aggravated homosexuality," which states that anyone who commits the offence of homosexuality against a person under the age of 18 years, against a person with a disability or when the offender is HIV positive shall be liable on conviction to suffer death. This provision is unjustifiably draconian in nature but will nonetheless provide the first opportunity since the Supreme Court ruling earlier this year for the legislature to engage in a discussion as to the merits of the death penalty. Should the legislature engage in such a debate, it must denounce the provision of "aggravated homosexuality" and with it the use of the death penalty as a legitimate form of punishment in the Ugandan criminal justice system. Put simply, there is no credible justification for the retention of the death penalty. It is widely accepted that any form of punishment should be aimed at the protection of society, the reformation of the wrongdoer, and the provision of retribution for the victim. Yet, the death penalty notoriously fails to achieve any of these aims.

First, the death penalty does not act as a deterrent to the commission of crimes. This is illustrated by comparing criminal statistics of countries where the death penalty is in force with those where it has been abolished. If a government wishes to deter crime, it should invest in education, development and improving law enforcement. Secondly, the death penalty eliminates the possibility for any level of reformation for wrongdoers by cutting short their lives. Thirdly, the inherent fallibility of humans means that no administrative system of the death penalty can be free from wrongful conviction and execution of the innocent. One innocent life wrongfully sentenced to death is one life too many. Finally, rather than providing a form of retribution, more often the death penalty has exacerbated the pain and anger of a victim's family and created new victims in the form of the wrongdoers' families. When considering this issue, Uganda must also look to its neighbours.

14 countries in Africa are now abolitionist for all crimes and a further 18 are abolitionist in practice. Indeed, just last month in Kigali at a conference by the African Commission on Human and Peoples' Rights for Central, Eastern and Southern Africa, 50 participants representing African Union member states and national human rights commissions made a direct appeal to African countries to banish the death penalty from their books. There is much to criticise in the Anti-Homosexuality Bill. However, it is hoped that at the very least, the tabling of the Bill will provide the necessary impetus for a constructive debate in the legislature on the desirability of the death penalty in Uganda. It is the hope of this writer that the outcome of such a debate will be the abolition of a form of punishment that is clearly out of step with evolving standards of decency generally advocated across the international community.

Source: Opinion-- Mr Barrie Sander is a legal officer, African Prisons Project, Uganda, Oct. 25, 2009

Tehran sends message with death sentence

Iran has condemned 5 men to death for anti-government unrest, including at least 4 who were arrested months before the country's disputed presidential elections, human rights activists say.

Hadi Ghaemi, director of the International Campaign for Human Rights in Iran, said the 4 were purported members of a small group, the Iran Monarchy Committee, which advocates restoring the system overthrown by the 1979 Islamic Revolution. The fifth condemned man was said to have ties to the Mojahedin-e Khalq (MEK), a Marxist-Islamist militant group that has several thousand adherents in Iraq, he said.

Mr. Ghaemi said all 5 were lumped in with the postelection protesters and sentenced to death after show trials.

"The government is picking on the least popular anti-government groups and claiming they are the same as the election protesters," Mr. Ghaemi said. He said the government's intent is to show that the opposition is a marginalized minority segment and "put the counterrevolutionary label on them."

More than 4,000 Iranians were arrested during protests after the fraud-tainted re-election of President Mahmoud Ahmadinejad on June 12. Most have been released, but about 200 remain behind bars and about 110 have been put on trial. An Iranian-American urban planner, Kian Tajbakhsh, was sentenced last week to 15 years in prison.

Mr. Ghaemi said the purported members of the monarchist group were arrested in April and that the indictment against them clearly states that they were apprehended "before they could engage in any action" against the government.

The 1st to be condemned was Mohammad Reza Ali Zamani.

A video of his televised trial Aug. 8 showed him describing a purported meeting with U.S. intelligence in Dohuk, a border city in northern Iraq. Against a backdrop of defendants fanning themselves in the stifling courtroom, Mr. Zamani stood at the defendant's dock gesturing with his right hand as he described his involvement in collecting intelligence and funneling it to the United States.

Dordaneh Fouladvand, a spokeswoman for the royalist group, confirmed that Mr. Zamani worked for its radio station but added "he had absolutely no links with the Americans and hadn't been involved in any operations inside Iran."

Amnesty International condemned Mr. Zamani's imprisonment as a "mockery of justice" and called on Iran to lift the death penalty against him.

Tehran's Evin Prison, where Mr. Zamani is being held, has no press spokesman, and the spokesman for Iran's judiciary does not give comments over the phone. A spokesman for Iran's mission to the United Nations did not respond to a request for comment on the allegations that Mr. Zamani and other condemned prisoners had been arrested before the June 12 election.

Mr. Ghaemi noted that the number of annual executions in Iran has increased 4fold, to nearly 350 last year, since 2005, when Mr. Ahmadinejad became president.

Mr. Ghaemi said the use of the death penalty in these political cases was meant to intimidate Iranians not to continue protests. He said the threatened executions might also be meant to mollify Mr. Ahmadinejad's hard-line base which, Mr. Ghaemi said, appears upset about negotiations with the United States over Iran's nuclear program.

Those condemned to death may still appeal their sentences to Iran's Supreme Court.

Source: Washington Times, Oct. 25, 2009

Illinois: Death penalty moratorium leaves 15 in holding pattern

Fifteen Illinois inmates sit in limbo on death row, sentenced to pay the ultimate price for their crimes yet unsure whether a 9-old moratorium on state-sponsored executions will ever be lifted.

James Degorski narrowly missed joining their ranks last week when two jurors refused to support the death penalty for his role in the 1993 Brown's Chicken massacre.

In a hearing that continues this week, convicted child killer Brian Dugan could still be sent there if a DuPage County jury unanimously agrees that he deserves to die for the abduction, rape and murder of Naperville schoolgirl Jeanine Nicarico in 1983.

Former Gov. George Ryan made death row a prison purgatory when he enacted the moratorium in 2000 following the exoneration of the 13th prisoner found to have been wrongfully convicted in a capital case. In 2003, he commuted the sentences of 167 condemned inmates to life in prison.

Since that time, 16 people have been sentenced to death. One committed suicide, and the rest are wading through the lengthy appeals process.

The ban remains moot until an inmate exhausts all appeals and is assigned an execution date. At that point -- probably about three years from now -- the governor will have to decide whether to reinstate capital punishment.

"It's all going to depend on who's in the governor's mansion when the cases come to an end," said Andrea Lyon, director of the Center for Justice in Capital Cases at DePaul University.

Gov. Pat Quinn has said he has no immediate plans to lift the ban. But at least one gubernatorial candidate, state Sen. Kirk Dillard, R-Hinsdale, said enough safeguards are in place to resume executions. If politicians want to abolish the death penalty, they should hold a referendum instead of ignoring the issue, he said.

Source: Chicago Tribune, Oct. 26, 2009

Tibetan Executions Reported

At least 3 Tibetans are said to have been executed in connection with an anti-Chinese uprising in 2008.

Tibetan exiles and residents of the region say Chinese authorities have executed at least 3 people convicted of rioting during last year's widespread uprising against Chinese rule.

These would be the 1st reported executions in connection with rioting that erupted in March 2008 in Lhasa. Capital punishment is administered only rarely in Tibet, experts say.

A source in the Tibet Autonomous Region (TAR) capital, Lhasa, identified 1 of the men executed as Lobsang Gyaltsen, age 22 or 23, from Lhasas Lubuk township.

"His mother's name is Yudon-la and he has a stepfather. Their living conditions are extremely poor, and they are dependent on food assistance from Lhasa city committee," the source said.

"He was executed for allegedly killing a Chinese national by setting a shop on fire in Lhasa. He was detained around March 14, 2008," the source said.

Before his execution, the source said, Lobsang Gyaltsen was permitted a visit with his mother. I have nothing to say, except please take good care my child and send him to school, he was quoted as telling her.

Others also executed

A 2nd man identified only as Lobsang was also executed, the source said, along with a 3rd man, from the Amdo region, and a woman identified only as Nyimo.

Another source in Lhasa, who also spoke on condition of anonymity, said the executions went unmentioned in the official media, which have reported previously on the execution of Uyghurs convicted in connection with deadly rioting in July 2009.

The Uyghurs, a Turkic minority, have like the Tibetans chafed for decades against Chinese rule.

"I got information from Lhasa that 3 Tibetans who were involved in the 2008 protests were executed on Oct. 20, in Lhasa, around 11 a.m.. The Chinese authorities execute Tibetans in secrecy and never reveal details," another source said.

Nawang Obar, leader of an association of former Tibetan political prisoners based in Dharamsala, northern India, also said 3 Tibetans were executed on Oct. 20 at 11 a.m. in Lhasa.

He identified the other 2 people executed as a young woman and a Tibetan youth from Amdo Aba in Sichuan province.

No comment

An official at the Lhasa People's Intermediate Court referred questions about the executions to a colleague and asked reporters to phone back later, at which time the phone rang unanswered.

Rioting rocked Lhasa in March last year and spread to Tibetan-dominated regions of western China, causing official embarrassment ahead of the August 2008 Beijing Olympics. Officials say 21 peopleincluding 3 Tibetan protesters died in the violence.

The Tibetan Center for Human Rights and Democracy reported separately that four people were executed Tuesday.

On Thursday, the Congressional-Executive Commission on China (CECC) released a report saying at least 670 Tibetans have been jailed in 2009 for activities that include peaceful protest or leaking information abroad.

By the end of April 2009, TAR courts had sentenced 84 Tibetans to punishments ranging from fixed jail terms to life, as well as to death or death with a 2-year reprieve, in connection with the 2008 riots, the CECC report said.

The report detailed a widespread "patriotic education" campaign that requires monks and nuns to pass examinations on political texts, agree that Tibet is historically a part of China, and denounce the Dalai Lama.

"The government has in the past year used institutional, educational, legal and propaganda channels to pressure Tibetan Buddhists to modify their religious views and aspirations," the report said.

Source: Radio Free Asia, Oct. 25, 2009

Texas: Death penalty demonstrators march at State Capitol

Hundreds rallied Saturday afternoon [Oct. 24, 2009] at the State Capitol (picture, left) as part of the 10th annual March to Abolish the Death Penalty. They came certain an innocent man was executed and called for an end to the death penalty.

The protesters drew attention to the controversial case of Cameron Todd Willingham. He was tried, convicted and in 2004 executed for setting a fire to his house, killing his 3 young daughters. Despite not having a clear motive, investigators accused him of arson. But a new report, commissioned by the Texas Forensic Science Commission, says the expert evidence was wrong.

Elizabeth Gilbert, a playwright and Willingham's former pen pal, is convinced of his innocence and was instrumental in helping his family find a fire investigator to examine his case. She believes an innocent man was put to death.

"We executed a person who didn't commit a crime," she said. "I am hoping to bring attention that if 1 person is executed, thats more than enough."

Governor Perry has come under fire for replacing several members of a state commission just days before it was to hear a report on the science used to convict Willingham of arson. He has dismissed the criticism as anti-death penalty rhetoric. He says the panel will move forward with the investigation and maintains Willingham was guilty.

"Willingham was a monster," said the Governor. "This was a guy who murdered his 3 children, who tried to beat his wife into an abortion so that he wouldn't have those kids. Person after person has stood up and testified to facts of this case that, quite frankly, you all aren't covering."

There were counter-demonstrators at the rally.

Willingham's mother, Eugenia, had been scheduled to speak at the rally but organizers said lawyers had advised her not to attend. In a written statement handed out by organizers, she wrote: "At this time, my primary concern is that the Texas Forensic Commission be given the opportunity to continue the investigation into Todd's wrongful death." She wrote about receiving letters of support from death row inmates, saying her son's execution has caused appeals courts to take a closer look at their cases. This won't bring Todd back, but I take comfort in knowing that others may be freed because of him."

Source: TXCN News, October 25, 2009


10th Annual March to Abolish the Death Penalty

Todd Willingham: Ex-wife says convicted killer confessed

The former wife of a man whose 2004 execution in Texas has become a source of controversy has said he admitted setting the fire that killed their three daughters during a final prison meeting just weeks before he was put to death, according to a Texas newspaper.

Stacy Kuykendall, the ex-wife of Cameron Todd Willingham, said in a statement to the Fort Worth Star-Telegram published Sunday that Willingham told her he was upset by threats to divorce him after the new year. The fire that killed the couple's three girls was Dec. 23, 1991.

Her last threat to divorce him, she said in a statement, occurred the night before the fire.

"He said if I didn't have my girls I couldn't leave him and that I could never have Amber or the twins with anyone else but him," according to the statement from Kuykendall to the newspaper.

Willingham went to his death proclaiming his innocence.

And over the years, she has offered differing accounts.

A Tribune investigation in 2004 showed the indicators of arson that fire officials used had been disproved by scientific advances and no longer were valid.

The first word of a confession came just before the execution, when Kuykendall's brother signed an affidavit in which he said that she told the family that, during the prison visit about two weeks before the execution in 2004, Willingham made a confession.

But in a story in the local newspaper after the prison visit, she made no mention of a confession. In fact, she told the paper Willingham stuck to his story about his actions during the fire.

In a brief interview at her home in 2004, Kuykendall told the Tribune Willingham never made such an admission. She confirmed that this year to a reporter from the New Yorker magazine.

Her statement that he confessed -- and that he said he set the fire because she threatened to divorce him -- also conflicts with other accounts that she has provided.

Eight days after the fire, in an interview with fire investigators and police, Kuykendall said that she and Willingham had not argued for at least two weeks and she made no mention of a threat the night before the fire to divorce him.

On that night, she told authorities, the couple went to a Kmart and picked up family photographs that she intended to give as Christmas presents.

She failed to mention a threat of divorce in a second interview as well, and under oath at the punishment phase of Willingham's trial said he never would have hurt their three girls.

Kuykendall could not be reached for comment.

Source: Chicago Tribune, Oct. 26, 2009

E.U. will not extradite suspects who face death penalty in U.S.

October 23, 2009: The European Union finalized an extradition deal with the United States that excludes suspects who may face the death penalty across the Atlantic.

'Extradition to the US will henceforth only be possible under the condition that the death penalty will not be imposed or, if for procedural reasons such a condition cannot be complied with, that the death penalty will not be carried out,' EU ministers said in a statement.

The current prevailing practice is for the US to provide guarantees that it will not carry out an execution on a case-by-case basis only.

The agreement, initiated in the aftermath of the September 11, 2001 terrorist attacks against the US, was sealed in Luxembourg by the bloc's justice ministers. It is due to come into force on February 1.

The EU is strongly against the death penalty and regularly criticizes foreign countries, including the US, that execute their criminals.

The agreement also aims to improve the exchange of information between the EU and the US. For instance, it will make it easier for either side to request bank account details of a suspect in the other country.

Joint investigative teams as well as the use of video conferencing for taking witness or expert testimony in criminal proceedings will also be allowed.

The act was largely formal, since all of the EU's 27 member states have already implemented bilateral EU-US agreements.

Source: DPA, Hands Off Cain, 23/10/2009

Saturday, October 24, 2009

Mark Clements: Abolish the death penalty today

After spending 28 years in prison for a crime he did not commit, Mark Clements was finally set free in August. Here, he comments on the case of Reginald Blanton, who is scheduled to be executed on October 27 by the state of Texas.

October 23, 2009

TEXAS IS still under fire for the execution of Cameron Todd Willingham, but on October 27, 2009, the state is scheduled to execute Reginald Blanton, despite his claims of innocence.

In the Willingham case, Texas Gov. Rick Perry carried out the execution. Now that new evidence has surfaced that strongly suggests Perry killed an innocent man, he wishes to insist that he do likewise in the Blanton case.

Gov. Perry has ignored the opinion of millions around this nation who firmly believe that Willingham was indeed innocent. He has called him a "monster" even as he has disregarded key evidence by fire experts that Willingham never set the fire that killed his children, but rather that it was caused by some kind of accident.

In the Reginald Blanton case, Blanton was convicted on faulty evidence--that a shoe print belonged to him. The shoe print is now known to have been two sizes larger than his shoe print. His trial attorneys were ineffective, and there was not one eyewitness in the case. The witnesses against Blanton have since come forward to claim that police forced them to sign statements. The Texas courts once again allowed African Americans to be excluded from the jury.

This is a case that Gov. Perry should be pleased to reexamine, but he has told the media that he will carry out the execution of Reginald Blanton as planned--which amounts once again to a smack in the face of African Americans all across this nation.

No other race has suffered injustice like African Americans in this country. In the state of Illinois, it is a known fact that innocent men have been beaten and tortured by racist police detectives--framed and convicted, and placed on death row.

History is repeating itself once again. Slavery still exists. If you think it does not, then try walking in the shoes of Reginald Blanton, Kenneth Foster, Troy Davis, Rodney Reed, Stan Tookie Stanley Williams, Stanley Howard and many others.

The state of Texas' criminal justice system serves as the spotlight on why the death penalty in this country should be abolished today, not tomorrow.

Source: socialistworker.org, Oct. 23, 2009



Solidarity Call for Reg
Date written: 10-15-09, Thursday

Only 12 days until my comrade and friend Reg Blanton is scheduled to be executed.

I know that I should remain in the present moment. I know that I should cultivate Positive Energy, but it’s hard, very hard. If Reg is executed it will affect me much more than any previous execution or any possible future execution that could take place …

There is something I’d like everyone to do for me. Right after you read this take the time to go to Reg’s MySpace (http://www.myspace.com/freereggieb) and go to the DRIVE site (http://www.drivemovement.org/) and read Reg’s writings. Feel his vibe and then write a letter or note of Solidarity and send it to him.

Do this right away because mail arrives here slowly. Better yet, you can send him an e-mail through the new J-Pay service (https://www.jpay.com/inmateElectronicMail.aspx) which is guaranteed to arrive within 2 days. I’d like everyone to do this.

You don’t have to send him a long letter, it can just be a short note or card. I especially want all of the activist folks out there to do this. Reg has remained vigilant in the Struggle for many years. He’s fought hard and remained unwavering in the face of extreme adversity.

Everyone out there who engages in social justice organizing knows that it’s an art. Reg is a master at this art. Organizing out in the free-world can be challenging but imagine doing so in this environment, an environment designed to break the Mind, Body and Spirit.

Send Reg a note letting him know that his actions in standing up for Truth and fighting against oppression are appreciated. Show him a little Love and Solidarity. He definitely needs as much as possible right now!

Peace:
Rob

- - - - -

http://www.freerobwill.org/
http://freerobwill.blogspot.com/
http://drivemovement.org/

China Executes Four Tibetans In Lhasa Over Spring 2008 Protest

The Tibetan Centre for Human Rights and Democracy (TCHRD) has received confirmed information from reliable sources that Lobsang Gyaltsen, Loyak (pictured), Penkyi and an unnamed Tibetan were executed on Tuesday, 20 October 2009 under the supervision of the Lhasa Municipality Intermediate People’s Court for their alleged involvement in last year’s mass protest in the Tibetan capital. Further information is awaited. No information on their execution was reported anywhere in the Chinese state media.

According to sources, the dead body of Lobsang Gyaltsen, from Lubug on the outskirt of Lhasa city, was handed over to his family and his dead body was later known to have been immersed in Kyichu River.

There is no information on whether the defendants appealed their sentences to the Supreme People’s Court after Lhasa Municipal Intermediate People’s Court sentenced Lobsang Gyaltsen and Loyak to death on 8 April 2009.

According to the Chinese official mouthpiece dated 8 April 2009, Lhasa Municipal Intermediate People’s Court sentenced two people to death (Lobsang Gyaltsen and Loyak), two to suspended death penalties (Tenzin Phuntsok and Kangtsuk) and another (Dawa Sangpo) to life imprisonment on charges of arson causing death. The five were convicted of torching five shops in Lhasa, killing seven people, during the March 14 riot.

On 21 April 2009 the same court, according to the State media, sentenced three Tibetans (Penkyi of Nyemo County and Penkyi of Sakya County and Chime of Namling County) to suspended death, life and 10 years’ imprisonment respectively for setting fires that allegedly killed six people in Lhasa last year. The Centre is highly concerned about the fate of Tibetans who were on suspended death sentences.

The PRC government currently sentences more people to death each year than any other nation in the world. TCHRD condemns the executions of four Tibetans and urges PRC government to show restraint and to grant its citizens fair trials and to abide by the basic human rights of all of its peoples, regardless of their ethnicity.

TCHRD remains unconditionally opposed to the use of the death penalty in all cases as a violation of the fundamental right to life and the right not to be subjected to cruel, inhuman or degrading treatment or punishment. It should also be noted that the death penalty has never shown to have a special deterrent effect nor should state use it to justify the wrong done by the defendant. For instance in the case of two Tibetans (Lobsang Gyaltsen and Loyak) the state media earlier reported that both "have to be executed to assuage the people's anger.” Such eyeball for eyeball approach is in no way a justification of giving death sentence. The execution of four Tibetans are further proof of China’s unwillingness to abide by the United Nations Global Moratorium on the Death Penalty, adopted in 2007, which establishes a suspension on executions with the view to abolish the death penalty.

TCHRD expresses strongest condemnation and grief over the shocking executions. The Centre also expresses serious concern over the fate of other Tibetans with suspended death sentences. Toward this end, the Centre seeks immediate and urgent intervention by the UN Special Rapporteur on Extra Judicial, Summary, or Arbitrary Execution, governments and the international community over this unlawful execution.

Source: TCHRD , tchrd.org, October 22nd, 2009

Friday, October 23, 2009

Nine Uighurs executed in China

October 20, 2009: exiled Uighur leader Rebiya Kadeer said she had learnt that "out of the 11 Uighurs who were sentenced to death [over the bloody unrest that erupted on July 5 in the Xinjiang capital Urumqi] ... nine people have been executed.”

"Punishing people who demonstrated peacefully is not necessary," she said, speaking with Agence France Presse during a visit to Japan.

Kadeer added that "according to new information we have obtained, from July 5 to October 1 more than 10,000 Uighurs have been arrested and jailed, but how many have died, or been killed, how many have been jailed, nobody knows the exact number."

Source: AFP, 21/10/2009

Saudi man executed for murder

October 21, 2009: a Saudi Arabian man convicted of murder was beheaded by the sword in the northern town of Sakaka, the Interior Ministry said in a statement carried by SPA state news agency.

Mohammed bin Saqer al-Quwaykabi was found guilty of shooting dead Faisal bin Shraytah al-Rawily following a dispute.

Source: Agence France Presse, 21/10/2009

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region.

Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala — the home in exile of the Dalai Lama.

It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region.

The body of Mr Gyaltsen had been returned to his family and then submitted to a river burial — an unusual form of funeral rite that is more common in southeastern Tibet. Sky burial is the usual ceremony in Lhasa. The ashes of Loyak were returned to his family, the centre said.
The centre reported that two other people may also have been executed. One had been sentenced to death, suspended for two years, a form that in almost all cases amount to life in prison. The fourth had been jailed for life.

The use of the death penalty has been extremely rare in Tibet over the past two decades, apparently amid anxiety that such punishments could set off renewed outbursts of anti-Chinese unrest.

In September 1987 two Tibetans were executed after a public rally in the Lhasa sports stadium that 14,000 people — mostly government workers — were required to attend. While those executed were convicted of ordinary criminal offences, the timing was thought to have been intended to convey a political message to Tibetans, since it came only a week after the Dalai Lama had publicised a peace plan in Washington.

Within days, Lhasa erupted in violence when Tibetans rushed through the streets calling on the Chinese to leave Tibet and setting fire to a police station opposite the Jokhang Temple in the city centre on October 1. More riots followed in early 1988 and in 1989, when martial law was imposed in the city.

The next executions were not until 1990 when two Tibetans accused of planning to escape from prison after receiving suspended death sentences on murder charges were shot by firing squad. Internal court documents showed that the pair had also started a pro-independence cell while in prison, along with other inmates.

The only other reported executions came during a nationwide crackdown on crime in 1996. State media said that 29 people, including 18 Tibetans, were put to death in various Tibetan cities. Across China, more than 2,200 people were executed in the "Strike Hard" campaign.

In the only politically linked execution to be publicly acknowledged, Lobsang Dondup a nomad, was executed in January 2003 in a Tibetan area of neighbouring Sichuan province for a series of bomb attacks over the previous four years.

Source: TIMESONLINE,Oct. 23, 2009

Thursday, October 22, 2009

Iran Lawyer Seeks Cash to Spare Young on Death Row

TEHRAN (Reuters) - An Iranian human rights lawyer has launched an appeal for money to help avert the executions of juvenile offenders in the Islamic Republic, saying $200,000 (121,000 pounds) could spare the lives of four young people now on death row.

Under Iran's Islamic law, sharia, the family of a murder victim can pardon the convicted killer in exchange for financial compensation, so-called blood money, although they can also refuse it and demand the death penalty. For most people in Iran it would be difficult to raise the amount needed on their own.

Iran has executed at least 42 juvenile criminals since 1990, according to rights groups which say Saudi Arabia and Yemen are the only other countries to put juveniles to death. Iran says it carries out the death penalty only when a prisoner reaches 18.

"Right now a few of my clients who committed crimes when they were under 18 are awaiting execution ... By collecting 200 million tomans ($200,000), you can save the lives of three to four youngsters," lawyer Mohammad Mostafaie said on his website.

Mostafaie, a well known rights activist, said he had set up an account for collecting the funds, urging Iranians living both inside and outside the country to help.

Iran earlier this month hanged one of Mostafaie's clients, a man who was under 18 when he stabbed a boy to death. One Iranian news agency said the victim's parents helped to carry out the execution of their son's convicted killer.

Behnoud Shojaie was put to death in a Tehran jail a month after the European Union urged Iran to halt his execution, which had been postponed several times. Iranian officials said they had tried in vain to convince the victims' parents to spare him.

Amnesty International has said Shojaie intervened to stop a fight between a friend and another boy, and stabbed the other boy with a shard of glass after being threatened with a knife. It says he was 17 at the time of the crime four years ago.

Amnesty has listed Iran as the world's second most prolific executioner in 2008 after China, and says it put to death at least 346 people last year.

Last month, the presidency of the 27-nation EU said it was "deeply concerned" by reports of the imminent executions of Shojaie and two other juvenile offenders, saying they would be a direct contravention of Iran's international commitments.

Condemning "the continued widespread occurrence of death sentences and executions" in Iran, the Swedish EU presidency urged it to halt the planned executions.

Iranian officials reject accusations of human rights violations and accuse the West of double standards. Murder, adultery, rape, armed robbery, apostasy and drug trafficking are all punishable by death under Iran's sharia law, practised since the 1979 Islamic revolution.

Source: The New York Times, reporting by Parisa Hafezi; writing by Fredrik Dahl; editing by Mark Trevelyan, October 22, 2009

Mr. Mostafaie has set up a special account for the appeal, which is also accessible via the campaign website http://www.stopchildexecutions.com/, and has urged Iranians living both inside and outside the country to help.



£120k to save young on death row in Iran

Lawyer seeks donors to pay blood money to spare juvenile offenders

An Iranian lawyer has made a desperate appeal for four juvenile offenders on death row, asking for donations towards the £120,000 in blood money that could save their lives.

Mohammad Mostafaie represents a number of clients sentenced to death for murders committed when they were under 18. He made the plea on his website yesterday: "By collecting 200 million tomans (£120,000), you can save the lives of three to four youngsters," he wrote.

Under Sharia law as practiced in Iran, families have the right to pardon convicted killers in exchange for financial compensation, or blood money.

One of the prisoners in question, Safar Angooti, was due to be executed earlier this week for a murder he committed at the age of 17. Protesters gathered outside the jail where he was due to die on Wednesday morning to petition on his behalf.

At the last minute, he had his sentence delayed after the authorities ruled that there was a chance he could be reprieved by the family of his victim. The teenager's family now have a month to find the necessary compensation.

Mr. Mostafaie has set up a special account for the appeal, which is also accessible via the campaign website http://www.stopchildexecutions.com/, and has urged Iranians living both inside and outside the country to help.

The respected human rights lawyer – who was briefly imprisoned earlier this year for defending protesters detained after Iran's disputed election – has long worked on behalf of children facing execution in Iran.

However, his attempt to secure several clients a pardon is highly unusual. The pardons are rare because very few Iranian families can find the large sums necessary to secure a reprieve.

Earlier this month, Mr Mostafaie posted a blog that detailed his despair at a last-minute attempt to save the life of Behnoud Shojaie, who tried to stop a fight when he was 17 and ended up stabbing the aggressor with a shard of glass. In a waiting room near the execution chamber three years after his sentencing, he begged the mother of the victim to relent.

But, Mr Mostafaie wrote, the mother replied: "I cannot think right now. I have to put the rope around his neck". Minutes later, the victim's parents pulled the stool away from under the condemned man, who was 21 by the time of he was hung. "I could not bear to watch," Mr Mostafaie wrote. "He shouldn't have been executed. But he was executed."

Iran is one of only three countries, with Saudi Arabia and Yemen, to put juveniles to death. Last year, state prosecutors announced a moratorium on juvenile executions, and the head of the judiciary has opposed the practice. But that ruling did not cover executions classed as qesas, or retribution, and demanded by the family of the victim.

Under Sharia law, criminal responsibility starts with the beginning of puberty – defined as 14 years and seven months for boys, and eight years and nine months for girls.

There have been at least 42 juvenile executions since 1990, part of a wider punitive culture that sees Iran execute more people per capita than any other country in the world – 346 last year. Five more died in Tehran's notorious Evin jail on Wednesday morning.

Amnesty International UK's campaigns director, Tim Hancock, yesterday praised lawyers like Mr Mostafaie for "fighting a brave battle to save the lives of people facing execution".

But he called for Iran to outlaw juvenile executions completely. "The death penalty is always cruel and inhumane," he said. "But when someone is executed for a crime committed when they were still a child, this inhumanity is clearer still."

Sina Paymard: Family found the £96,000

The price for Sina Paymard's life was £96,000. After he killed a drug dealer at 16, his parents tried everything to raise the blood money, but they could only raise £42,000 – a sum the victim's family rejected. At dawn on 18 July in 2006, the convicted man was due to die. But on the gallows, Paymard, a musician, played a song on his flute. The victim's family were so moved that they decided to delay the sentence. Given 10 days extra, Paymard's family found donors to stump up the rest of the money – and their son was spared. Despite his reprieve, though, Paymard's story ended sadly. He died in hospital earlier this year.

Behnoud Shojaie: Couldn't raise "blood money"

Behnoud Shojaie's life hung in the balance for years. He was sentenced to death in 2006 for the murder of another boy in a fight when he was 17 – a death that Shojaie always maintained that he did not intend. He was twice granted a stay of execution, but the sum demanded by the victim's parents – although reduced from £1.25m to £375,000 – was beyond the means of his grandparents, who had raised him after his mother's death. In the execution chamber, he made a final plea to the victim's mother: "I don't have a mother," he said. "Please act as a mother and tell them not to execute me." He was hanged earlier this month.

Source: The Independent, October 23, 2009

Texas Gov. Could Face Criminal Charges for Interfering with Death Penalty

Gov. Rick Perry (R-TX) is facing questions about his responsibility for wrongfully executing Cameron Todd Willingham, convicted of arson for a fire that killed his daughters, despite new expert analysis showing there was in fact zero evidence of arson. An investigation into the execution has already found that Perry was given the new evidence to review —which should have shown him that all the evidence of guilt was actually scientifically unfounded testimony— but chose not to stay the execution pending review of the trial process and evidence.

When the investigation began looking into Gov. Perry’s review of the process, what he knew and when he knew it, he refused to reappoint the sitting chair of the commission and replaced him and two other members with conservatives sympathetic to his point of view. The new commissioner has canceled testimony from a leading arson expert that would discredit the case used to execute Willingham.

Gov. Perry is locked in a serious challenge within his own party from Sen. Kay Bailey Hutchison, who says his politicization of the death penalty has put the entire system at risk. There are also mounting concerns the governor in fact saw the new evidence and even received a direct communication from Willingham’s lawyer requesting a stay, but deliberately chose to ignore clearly exculpatory evidence for political reasons.

If that is indeed the case, Gov. Perry might face legal consequences for knowingly putting an innocent man to death to further his own political career. That question has not been put forward explicitly by the state’s investigators, and Gov. Perry’s moves to change the makeup of the panel by appointing potential allies are a clear attempt to prevent it from being posed formally, but allegations the governor’s office sought to halt the investigation suggest precisely the possibility he knew he was executing an innocent man and is worried about the legal and political fallout should his actions be formally investigated.

For his part, Gov. Perry is now aggressively attacking Willingham in the court of public opinion, seeking to make his death seem a welcome end to a reign of terror by calling him a “monster” and saying he beat his wife to force her to have an abortion. Perry hopes to persuade a majority of voters to see him as a man who did his civic duty in putting a murderer to death. But even Republicans are now questioning Perry’s personal responsibility and commitment to the integrity of the system.

Could a governor empowered by law to approve death sentences, but also to halt them before they are enforced, actually face homicide charges, should he be seen to have knowingly executed an innocent man for personal gain? Certainly federal law provides ways such a charge and/or verdict could come to pass — for instance felony murder based on abuse of office, or violating a citizen’s civil rights by denying him his day in court (with the new evidence).

What is perhaps more surprising than that this situation has arisen or that such questions are being raised —this has long been expected to some degree, given the radically pro-death penalty political climate in Texas— is the fact that Gov. Perry appears to have so brazenly and publicly sought to interfere in the process and evince his personal wishes that the matter never be fully reviewed.

The point has many times been made, by both opponents and responsible proponents of capital punishment, that everyone, every citizen and every politician, had the same very real interest in making sure the system never permits an innocent person anywhere near death row. Perry, however, seems determined not to take any action that would ensure the integrity of the system.

Either he does not claim and does not want any responsibility over the system, in which case, one imagines he is unfit to serve at the top of it, or he has taken it upon himself to impede the progress of justice, conceal evidence and unilaterally assert the reliability of a process, while refusing to use its last true humane tool to scrutinize the process and side with justice, in which case…

It gets easier to see over time why Perry wants the investigation halted. He has put far more Americans to death than any living official. And Willingham was not the first case he simply shrugged off as settled and in no need of review. How many of those cases will suddenly become suspect, if 1) Willingham is formally found innocent and 2) evidence emerges that the governor ignored exculpatory evidence and executed an innocent man, not just as a result of a travesty of justice but with specific personal political and professional gain in mind? In how many of those cases did Perry consciously or even explicitly consider personal political benefit as tied to ending a human life?

Opponents of the death penalty already smell blood in the water and are beginning to view Perry as easy prey. If they can show that the single most prolific executioner in the United States ignored evidence, gamed the system and put people to death banking on the political benefits of having done so, it will breathe new life into the abolitionist movement. Perry must fight not only that political battle, but also the perception that his attempt to end the investigation might be a criminal coverup.

Source: CafeSentido.com, October 21, 2009

Wednesday, October 21, 2009

Uncomfortable jokes about executing prisoners by former Texas Death House warden

Joking about executions was more than some students and college professors were ready to hear, especially when the stand up comic was in charge of executing so many Texas prisoners.

The warden who oversaw the Walls Unit in Huntsville, giving the order to go ahead with 89 executions, joked about sending inmates to their death as he spoke to a University of Houston Downtown lecture Tuesday night, but some students and staff expressed discomfort as they talked about it outside the event.

Jim Willett (pictured) had copies of his two books for sale as he addressed the UHD Criminal Justice Lecture Series.

Now head of the Texas Prison Museum in Huntsville, he never focused on one single theme or message as he addressed a room full of around 80 students, faculty and visitors. He began telling several stories and then stopped, midway, and told the audience he needed to back up or he had forgotten details.

In answering one student's question, Willett said an inmate had clearly told the prison chaplain minutes before his execution that he was innocent of the crime he was about to die for. As the audience sat and digested his statement, he said he meant to say that the inmate had admitted his guilt.

Willett was responding to a question about whether he ever gave the command to execute an inmate that he believed may be innocent. Willett said the inmate in his botched story had told the chaplain that he really was guilty, but he gave a final statement professing his innocence because he just couldn't stand the thought of telling his family he was guilty.

While joking or making fun may be an understandable part of on-the-job stress relief for prison workers when no one else is around, Willett's jokes about sending prisoners to their death took students, faculty and others in attendance by surprise.

He said that one inmate was strapped to the gurney and asked for a piece of gum because his mouth was so dry. In a move of compassion, the executioner stepped up and opened a piece of candy and plopped it into the inmate's mouth. The warden said that inmate just started chewing and chewing on that candy.

Then Willett said he stepped around to the inmate's other shoulder and asked the inmate if that happened to be a Livesaver.

While a few uncomfortable laughs were heard in the UHD auditorium, others looked to the floor.

Willett then continued his story and said the inmate replied that he was hoping that it was, indeed, a Lifesaver, but he didn't think it was working.

Willett also says he joked with another inmate who was about to die, over the gesture the warden would give to start the execution. He said that the inmate had heard a national radio interview, in which Willett said his signal to the executioner was to simply take off his reading glasses when the inmate's final statement was finished. When the glasses come off, the executioner starts the lethal drugs flowing through the IV.

Willett gleefully said he asked this particular inmate how he'd know when the final statement was finished, and he said the inmate replied that he would just tell the warden to take off his glasses.

But that joke wasn't over for the UHD crowd.

Willett said he sternly told the inmate not to say such a thing during his final statement to the witnesses in the execution chamber. He said he was very firmly telling him not to do something, but he chuckled with the UHD college crowd and said he found it strange that he was threatening an inmate who was about to die. After all, said Willett, what could he possibly threaten this person with anyway?

Willett's story about taking off his glasses to signal the executioner has been repeated many times since he started selling books. He told a KPRC Local 2 interviewer about his trademark move for a report that aired after his retirement from TDCJ. It was also immortalized in that radio broadcast that the now deceased convict had mentioned hearing, since that NPR broadcast received a Peabody Award.

At the UHD event, he admitted that he copied that move from the past warden. Perhaps that past warden didn't take so much joy in telling about this move, which is why it's ripe for this warden to use as new material.

Willett also said he followed the advice of that past warden by waiting exactly three minutes from the time the inmate appears to die before calling in the doctor to pronounce the inmate dead. He said the past warden had indicated this was 'just to be safe' so he figured he should follow that protocol.

On the first execution he presided over, he said it was the longest three minutes of his life.

Willett told several stories of how he was compassionate in the final hours or moments of a convict's life, almost as if he was bragging. In one case, he says he allowed a series of phone calls that are normally off limits, in other cases he says he allowed cigarettes for the condemned even though TDCJ has been smoke free since the 90's.

At first, Willett said there were almost never any problems in finding a vein to insert needles on both arms of the inmate. Then later, he was asked a specific question and he admitted one instance where veins could not be easily found so only a single needle was inserted in one arm. After he gave the order to start the execution, he said the inmate turned to him and announced the needle had fallen out.

Willett said he closed the curtains to shield the witnesses, and those witnesses were led out so that they could be led in to start all over again once the needle had been replaced.

He said he often tapped people who are not state employees to help him with the difficult task of starting the final IV's for executions under his watch. When pressed for exactly what he meant, he remained vague but he said he would sometimes find people who had experience in starting IV's during the Vietnam War since they would be perfect for the task in the stressful Texas Death Chamber.

On the subject of needing to round up help in executing convicts, Willett said several employees who executed Karla Faye Tucker asked to be removed from the execution detail. He said some called in sick the following day and others sought counseling, while others said it changed how they looked at executions.

Tucker was one of two women to be executed on Willet's watch. The other, he said, went smoothly. However, Tucker's was complicated by the immense national media attention since she had claimed to be a born-again Christian and shots of her praying were all over the national news as her execution approached in 1998. She was condemned for a barbaric 1993 drug-fueled pickax slaying of two people.

Willett said his entire 'strap down team' and anyone having any part of the execution always handled it with professionalism and that was always important to him. He said that he would watch carefully because anyone who seemed to enjoy executions had no place in the execution process.

He said he would quickly call them in and take them off the execution detail if they seemed like they'd be unprofessional about such a somber task.

In this reviewer's opinion, Willett should follow his own advice and take himself off the execution detail for his book tour.

From a reporter who has been an official witness of two executions and covered dozens more: This UHD book-selling lecture was likely the worst example of insensitivity and glee from a TDCJ Death House employee being on display in such a disturbing manner.

Source: examiner.com, October 20, 2009