Thursday, December 30, 2010

UAE: Court sets precedent for death penalty application

ABU DHABI -- The emirate's highest court has ordered a convicted murderer to be retried under an alternative Islamic school of legal thought that may allow for him to be sentenced to death.

The ruling by the Abu Dhabi Court of Cassation is a legal precedent in a case in which the killer was sentenced by two lower courts to 15 years in prison, instead of the death penalty, because he was a Muslim and the victim was not.

Abu Dhabi courts and the Federal Supreme Court hear cases under the Maliki school of Islamic legal thought, which includes rulings that a Muslim who murders a non-Muslim cannot face execution.

In this case, the Abu Dhabi Court of Cassation ordered it be tried under Hanafi teachings, the only Sunni school of jurisprudence that calls for the death penalty if a Muslim kills a non-Muslim.

The current case, from 2008, involved a Sudanese Muslim man who murdered a Christian woman from Ethiopia by stabbing her 17 times.

The Abu Dhabi Criminal Court of First Instance found him guilty of premeditated murder, sentenced him to 15 years in prison and ordered him to pay Dh100,000 in blood money.

The Abu Dhabi Court of Appeals upheld the sentence and public prosecutors appealed the case to the Court of Cassation.

Prosecutors presented two main arguments. They said it was in the interest of the country to try Muslims and non-Muslims under Hanafi to ensure equality for all residents. They also said the victim was a legitimate resident and therefore entitled to protection, security and sanctity for her "blood, honour and money".

Chief Justice Al Siddiq Abulhassan Mohammed of the Court of Cassation agreed, overturned the sentence and sent the case back to the appeal court to be tried under Hanafi. The appellate court sentenced the man to death.

Court of Cassation rulings are binding on local courts, so judges in the emirate will be required to treat the murder of a non-Muslim in the same light as that of a Muslim. Murder cases are tried under Sharia, which requires the death penalty if the victim's family demands it.

Dr Ahmed al Kubaisi, the head of Sharia studies at UAE University, praised the ruling which he said considered the wider and long-term interests of the country as ordained by Sharia.

Dr al Kubaisi said Islamic law required judges to use their discretion when there was a conflict between justice and politics.

"In Islamic jurisprudence judges can announce that a person is sentenced to death in accordance with Sharia but should not be killed in consideration of politics," Dr al Kubaisi said. "In Islamic law the interests of the nation precede the interests of the individual.

"Justice that safeguards the interests of the whole nation is preferable to that which safeguards the interests of the individual. The ruling is completely sound according to Islamic law."

The Hanafi school is one of four schools of jurisprudence in Sunni Islam, and the oldest.

Hanafi scholars argue that Sharia requires the death penalty for all murderers regardless of their religious background. They note that an Islamic text that prohibits the killing of a Muslim for taking a non-Muslim life was meant to be applied only in times of war.

The Court of Cassation's ruling is final, and not subject to appeal.

Source: The National, December 30, 2010

Wednesday, December 29, 2010

Cuba Supreme Court Commutes Death Sentence

Humberto Eladio Real Suárez
HAVANA TIMES, Dec. 29 – The Supreme Court of Cuba decided to commute for a 30-year sentence Humberto Eladio Real Suárez’ death sentence. He was tried in 1994 for landing on the island with the aim of carrying out subversive actions against the government. This was the last of the maximum sentences that still remained in the Caribbean island nation, whose authorities have not applied it since 2003, reported IPS.

AP noted: “On Oct. 15, 1994, Real and six other members of a Florida-based exile group came ashore in northern Cuba, armed with assault rifles and other weapons. A man was killed, and the group was captured shortly thereafter. Real received the death penalty, and the others got lengthy prison sentences.”

Source: Havana Times, December 29, 2010


Cuba commutes death sentence against US man

HAVANA (AP) — Cuba's Supreme Court on Tuesday commuted the death sentence against a Cuban-American who was the last person remaining on death row in the island nation, according to a veteran human rights activist.

Elizardo Sanchez, the head of the independent Havana-based Cuban Commission on Human Rights and National Reconciliation, said the court sentenced Humberto Eladio Real to 30 years in prison instead. Sanchez told The Associated Press in a telephone interview that Real's parents informed him of the decision.

Earlier Tuesday, the state-run Cubadebate website posted a story saying the court was reviewing an appeal by Real, who was convicted of killing a man in a 1994 raid. Cubadebate did not immediately report the court's decision.

On Oct. 15, 1994, Real and six other members of a Florida-based exile group came ashore in northern Cuba, armed with assault rifles and other weapons. A man was killed, and the group was captured shortly thereafter.

Real received the death penalty, and the others got lengthy prison sentences.

Havana officials have said the group intended to carry out acts of sabotage and attacks on military units to destabilize the government of then-President Fidel Castro.

Cuba's constitution allows the death penalty, but for years the country has effectively had a moratorium on carrying out death sentences.

Earlier this month, the Supreme Court commuted the death sentences against two El Salvador men convicted for their roles in a deadly bombing campaign on tourist sites in the 1990s. Ernesto Cruz Leon and Otto Rodriguez were given 30-year prison sentences instead, leaving Real as the sole convict on death row in Cuba.

Human rights activist Sanchez hailed Tuesday's decision, adding "we regret that the (death) penalty remains on our penal code."

Source: AP, December 29, 10

UK Business Secretary Vince Cable given ultimatum over execution drugs

Legal action charity Reprieve has given Business Secretary Vince Cable 72 hours to ban the export of execution drugs to the US or face legal action.

The charity's director Clive Stafford Smith wrote to Mr Cable yesterday giving him until close of business on December 30 to end the export of sodium thiopenthal, pancuronium bromide and potassium chloride - all used in the lethal injection process - to the US by British firms.

Reprieve argued that the government's failure to prevent the exports is in breach of European human rights law and Britain's own publicly stated opposition to the death penalty.

The charity has already brought one successful legal action against the government over is failure to place a moratorium on the export of sodium thiopenthal.

A shipment of the British manufactured drug has already been used in the execution of at least one death row inmate, Jeffrey Landrigan in Arizona.

As a result of the action, Mr Cable was forced to ban the export of the chemical but his delayed response meant that a large shipment was despatched to California before the ban came into effect.

The shipment, which it is estimated would be enough to execute more than 80 prisoners in the US, has yet to be released by the US Food and Drug Administration.

Reprieve argued that an urgent intervention from the Business Secretary could still prevent the drug being shipped to its destination.

The charity also reiterated calls for Mr Cable to impose a ban on the export of both pancuronium bromide and potassium chloride.

Mr Stafford Smith said: "Vince Cable has had a difficult few weeks, but it is never too late to refocus on what he entered government to do. We are asking that he devote half an hour to helping to prevent scores of executions.

"Since he apparently spent 20 hours rehearsing his foxtrot for Strictly Come Dancing, this does not seem too much to ask.

"The Foreign Office is struggling to help us prevent the execution of British nationals in the US, at the same time as Mr Cable sits on his hands and allows the export of British drugs that will kill those same prisoners."

"Mr Cable's department can hardly claim to be in a coalition, when he is acting in opposition.”

He said one British firm had cynically capitalised on the demand by marking the price of the drugs up 3,500 per cent and "making obscene blood money selling them to America's executioners."

Reprieve has also given notice to European Commission president Jose Manuel Barroso that the commission had the legal 60 days in which to impose an EU-wide ban on the export of the three drugs or face litigation in the European Court of Human Rights.

Source: Morning Star, December 29, 2010

Tuesday, December 28, 2010

Bangladeshi national executed in Saudi Arabia

December 22, 2010: Saudi Arabia beheaded Bangladeshi national Kirun Abdelghani in Jeddah province for murdering a fellow Bangladeshi Ogel Dali by hitting him on his head with metal scissors and then stealing his money, the Interior Ministry said in a statement carried by the official SPA news agency.

Source: Agence France Presse, December 22, 2010

Iran executes man as Israeli spy, hangs opposition group member

Ali Saremi
Iran Human Rights, December 28: According to the reports from Iran two political prisoners were hanged at Tehran’s Evin prison early this morning.

The prisoners are identified as Ali Saremi (63) convicted of Moharebeh (war with God) through membership in PMOI (Mujahedin-e-khalgh) and Ali Akbar Siadat convicted of espionage for Israel.

Ali Saremi is a well known political prisoner who was last time arrested in 2007, for holding a speech at the 19th anniversary of the 1988 massacre of the political prisoners in Iran. Last year he was sentenced to death by jugde Salavati in Tehran. His charges are membership in a mohareb group (PMOI) and "propaganda against the establishment".

Ali Saremi had been arrested several time during the past 20 years for his political acivities.

Ali AKbar Siadat was arrested in 2007 and later convicted for providing sensitive information to Israel. Iran Human Rights can not confirm Mr. Siadat’s charges.

These executions happen only two days after the scheduled execution of another political prisoner, Habibollah Lotfi, was postponed.

Iran Human Rights had previously warned about implementation of death sentences of the "sensitive" cases by the Iranian authorities during the Christmas holidays.

Mahmood Amiry-Moghaddam, the spokesperson of Iran Human Rights, strongly condemned today’s executions and said: " I and surely millions of Iranians are sad and outraged by this news". He added:"Our thoughts go to Mr. Saremi and Mr. Siadat’s families, friends, and other prisoners who are going through a very difficult time right now". Amiry-Moghaddam continued:" Leadership of the Iranian regime must be kept responsible for this crime". "We urge the world community to condemn these executions because lack of a strong international reaction will be interpreted as a green light to the Iranian authorities".

Source: Iran Human Rights, December 28, 2010


Iran hangs man convicted of spying for Israel

AFP - Iran hanged on Tuesday a man found guilty of working as a "spy" for Israeli intelligence service Mossad, state news agency IRNA reported quoting the Tehran prosecutor's office.

Ali Akbar Siadat was hanged on Tuesday in Tehran's Evin prison after having been condemned to death for "working for Mossad," IRNA reported, quoting the prosecutor's office.

Siadat was found guilty of having had links with Mossad for six years, IRNA reported.

"He had received 60,000 dollars to give classified information to the Zionist regime," IRNA reported.

IRNA said Siadat had acknowledged of establishing contacts with one Israeli embassy overseas and that he was transferring information of Iranian military bases to the "enemy."

He was also giving information "about missiles belonging to the Revolutionary Guards." IRNA said three years ago Siadat had received a computer and other equipment for his work.

Siadat used to meet his contacts from the Israeli intelligence service in Turkey, Thailand and Netherlands in different hotels, IRNA said.

He was arrested two years ago with his wife while trying to leave Iran, the report added.

Source: France24, December 28, 2010


Iran executes man as Israeli spy, hangs opposition group member

(CNN) -- Iran has hanged a man convicted of spying for Israel and also executed another man who was a member of a government opposition group, state-run media reported Tuesday.

The executions took place at Tehran's Evin Prison at dawn Tuesday.

Ali-Akbar Siadat was sentenced to death for working as a spy for Israeli intelligence. The Islamic Republic News Agency said Siadat admitted to transferring information to Israel over several years in exchange for $60,000.

He was arrested in 2008 while trying to leave Iran along with his wife, the news agency said.

A second man, Ali Saremi, was hanged for "fighting against the sacred Islamic Republic of Iran system and launching antagonist propagations," the agency reported.

He was a member of People's Mujahedeen of Iran, also known as the Mojahedin-e Khalq Organization, which has opposed the Iranian government for decades.

Tehran considers the group to be a terrorist outfit, as does the United States. The European Union does not.

Source: CNN.com, December 28, 2010

Monday, December 27, 2010

Santa Was in Prison and Jesus Got the Death Penalty

Crucifixion, Giotto (1304-06)
As Christmas is celebrated in Incarceration Nation, it’s worth remembering certain things about the two figures who dominate this holiday.

As more than 3,000 Americans sit on death row, we revere the birth of a godly man who was arrested, “tried,” sentenced, and put to death by the state. The Passion is the story of an execution, and the Stations of the Cross trace the path of a Dead Man Walking.

Less well known is the fact that Saint Nicholas, the early Christian saint who inspired Santa Claus, was once a prisoner, like one in every 100 Americans today. Though he was beloved for his kindness and generosity, Nicholas acquired sainthood not only by giving alms, but in part by performing a miracle that more or less amounted to a prison break.

As we described in one of our earliest posts on Solitary Watch, Nicholas was the 4th-century Greek Bishop of Myra (in present-day Turkey). Under the Roman emperor Diocletian, who persecuted Christians, Nicholas spent some five years in prison–and according to some accounts, in solitary confinement.

Under Constantine, the first Christian emperor, Nicholas fared better until the Council of Nicaea, in 325 A.D. There, after having a serious theological argument with another powerful bishop, Nicholas became so enraged that he walked across the room and slapped the man.

It was illegal for one bishop to strike another. According to an account provided by the St. Nicholas Center: “The bishops stripped Nicholas of his bishop’s garments, chained him, and threw him into jail. That would keep Nicholas away from the meeting. When the Council ended a final decision would be made about his future.”

Nicholas spent the night praying for guidance, and was visited by Jesus and Mary. “When the jailer came in the morning, he found the chains loose on the floor and Nicholas dressed in bishop’s robes, quietly reading the Scriptures.” It was determined that no one could have visited or helped him during the night. Constantine ordered Nicholas freed and reinstated as the Bishop of Myra, and his feat would later be declared one of many miracles performed by the saint.

Saint Nicholas lived on to serve the poor during the devastating famine that hit his part of Turkey in 342 AD. He is reported to have anonymously visited starving families at night and distributed gold coins to help them buy scarce food.

But here in America two thousand years later, Christians go to church to worship an executed savior and shop to commemorate an incarcerated saint, with little thought to their 2 million countrymen who are spending this Christmas behind bars.

Sources: Solitary Watch, Mother Jones, December 25, 2010

Sunday, December 26, 2010

Indonesia lightly cuts 2 Australians' prison terms

JAKARTA, Indonesia (AP) — Indonesia cut some time off the prison terms of 7,300 inmates, including two Australian women convicted of drug smuggling, a media report said Saturday.

Holiday remissions are traditional in Indonesia for some inmates with good behavior, except those on death row or serving life in prison.

The official Antara news agency quoted Patrialis Akbar, minister of the law and human rights, as saying 7,324 prisoners received sentence reductions ranging from 15 days to two months.

Australians Schapelle Leigh Corby and Renae Lawrence, who are serving 20-year terms in Bali, had their sentences slashed by 45 days each, Antara reported.

Corby, who was a former beauty student was convicted in May 2005 of smuggling 9 pounds (4.2 kilograms) of marijuana onto the resort island. Now 33, she asked for clemency in March, citing her poor mental state.

Lawrence, also 33, is one of nine Australians found guilty in April 2005 of attempting to smuggle 8.3 kilograms (18.3 pounds) of heroin. Six were sentenced to death and two others were given life imprisonment.

"We indeed proposed the Christmas remissions for both Corby and Lawrence because they have met the precondition," Siswanto, chief of Kerobokan penitentiary in Bali, told Antara.

Four other foreign inmates there also had their sentence slashed, Siswanto said without elaborating. There among 30 foreign inmates and 19 other foreigners who've been detained in Bali.

Source: AP, December 25, 2010

UN General Assembly Approves New Resolution For Universal Moratorium on Death Penalty

December 22, 2010: The United Nations General Assembly yesterday approved a new resolution in favour of a universal moratorium on the death penalty. It is the third time after the historic resolution approved in December 2007 and then again in December 2008.

108 countries voted in favour, with 41 against and 36 abstentions (another 7 countries were absent at the time of the vote). It recorded a decisive step forward compared to 2007 when in a plenary assembly the votes in favour were 104, with 54 against and 29 abstentions (with 5 absent at the time of the vote). Another step forward was taken also in respect to the second vote on the pro moratorium Resolution in December 2008 when there were 105 in favour, 47 against and 34 abstentions (6 were absent at the time of the vote).

The most significant political data regarding the favourable is that of 6 countries that in 2008 voted against (Kiribati, the Maldives and Mongolia) or abstained (Bhutan, Guatemala and Togo) or the abstentions of 4 countries (Comoros, Nigeria, the Solomon Islands and Thailand) that in 2008 voted against. The number of cosponsors of the Resolution also increased, 90 in total, three doing so for the first time: Cambodia, Russia and Madagascar.

The only new part of the text of the Resolution concerns the request – in part contained in the 2007 text – directing the member states to ‘make information available relevant to the use of the death penalty to allow an informed and transparent national debate.'

“The new vote at the UN in favour of the moratorium records the positive evolution happening for more than ten years around the world towards the end of the State-Cain and the ending of the fake and archaic principle of an eye for an eye,” Hands Off Cain secretary Sergio D’Elia said.

Sources: Hands Off Cain, December 22, 2010

Iran: Execution of Kurdish political prisoner Habibollah Latifi postponed

Habiollah Latifi
Iran Human Rights, December 26: According to the reliable sources in Iran, execution of the political prisoner Habiollah Latifi, who was scheduled to take place early this morning, has been postponed.

Habibollah Latifi’s lawyer and family have confirmed the news.

Since the news of his scheduled execution became known to the public, a campaign was started by the activists inside and outside Iran to save his life. There were several gatherings in protest against the scheduled execution in different cities around the world. According to some sources, last night, about 300 people had gathered in protest outside the Sanandaj prison, where he was being held.

Mr. Latifi’s family have thanked all the people who took part in this campaign and said: "We now know that your efforts will give results and that our Habibollah is not alone".

Commenting this news, Mahmood Amiry-Moghaddam, the spokesperson of Iran Human Rights said: "We are very happy that the efforts of the civil rights defenders in Iran gave results and Habibollah Latifi’s scheduled execution was halted, and we hope that this campaign continues until his death sentence has been removed". He added: "We must emphasize that the sentence has only been postponed and as long as the death sentence is still over him, he will be in danger".

Amiry-Moghaddam, once again asked the international community not to forget Iran during the Christmas holidays.

According to the official sources, at least seven people were executed on Christmas day in Iran.

Source: Iran Human Rights, December 26, 2010


URGENT ACTION APPEAL - From Amnesty International USA

The execution of Habibollah Latifi, a male member of the Kurdish minority in Iran, has been scheduled for 26 December, according to his lawyer. He was sentenced to death following an unfair trial. Habibollah Latifi, a law student at Azad University in the south western province of Ilam, western Iran, was transferred to solitary confinement on 16 January 2010, prompting fears that he was to be executed. It is not known how long he was held there. His lawyer has now been informed by the Iranian authorities, in accordance with Iranian law, that his execution is scheduled to take place on 26 December at Sanandaj Prison, Kordestan, in western Iran on 26 December. Executions usually take place at daybreak. It is not known whether his family has been notified of his planned execution by the authorities.

Habibollah Latifi was arrested on 23 October 2007 in Sanandaj and sentenced to death on 3 July 2008 following an unfair trial by the Sanandaj Revolutionary Court. He was convicted of moharebeh (enmity against God), a vague but capital charge, in connection with his membership of and alleged activities on behalf of the Kurdish Independent Life Party (PJAK), a proscribed armed group. His trial was held behind closed doors and his lawyer was not allowed to be present to defend him. Nor was his family allowed to attend the trial. His death sentence was upheld by the Appeal Court in Sanandaj on 18 February 2009.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
* Urging the authorities to halt Habibollah Latifi's execution, scheduled for 26 December 2010, and to commute his death sentence, which was imposed for political offences after an unfair trial;
* Stating that Amnesty International recognizes that governments' have a responsibility to bring to justice those who commit crimes, in full conformity with international standards of fair trial, those suspected of criminal offences, but opposes the death penalty in all cases as the ultimate cruel, inhuman and degrading punishment.

APPEALS TO:

Leader of the Islamic Republic
Ayatollah Sayed 'Ali Khamenei
The Office of the Supreme Leader
Islamic Republic Street – End of Shahid Keshvar Doust Street, Tehran
ISLAMIC REPUBLIC OF IRAN
Salutation: Your Excellency

Head of the Judiciary
Ayatollah Sadegh Larijani
Office of the Head of the Judiciary
Pasteur Street, Vali Asr Ave., south of Serah-e Jomhouri,
Tehran, 1316814737
ISLAMIC REPUBLIC OF IRAN

2nd box (starred)=first name
3rd box(starred)=family name
5th box (starred)=email address
Last box=substance of message
To send, press grey box on left bottom side
Salutation: Your Excellency

COPIES TO:
Governor of Kordestan Province
Esmail Najjar
Email:
In Persian and Kurdish, send via feedback form on the website: http://www.ostan-kd.ir/Default.aspx?tabId=150&cv=4@0_1
In English, French or other languages, use the feedback form on the website: http://en.ostan-kd.ir/Default.aspx?TabID=59
Salutation: Dear Governor

Iran does not presently have an embassy in the United States. Instead, please send copies to:
Iranian Interests Section
2209 Wisconsin Avenue NW
Washington DC 20007
Phone: 202 965 4990
Fax: 202 965 1073

PLEASE SEND APPEALS IMMEDIATELY.

Saturday, December 25, 2010

Iran: Seven hanged on Christmas day; Kurdish political prisoner Habibollah Latifi scheduled to be executed Dec. 26

Public hanging in Tehran
Iran Human Rights, December 25: According to the news from Iran, three men were hanged in two different Iranian towns on Christmas day.

According to the state run Iranian news agency ISNA, two men were hanged in the prison of Saveh (southwest of Tehran). The men were identified as "Ahmad Amini Sangar" convicted of keeping 552 grams of heroin, 40 grams of crack and 20 grams of opium; and "Hassan Davtalab" (50 years old) convicted of keeping 2 kilos and 250 grams of heroin; according to the report. The men were executed in the prison of Saveh early this morning.

According to ISNA, another man, who wasn’t identified by name, was hanged in the prison of Sari, north of Iran, convicted of keeping and trafficking of crack.

The state run Iranian news agency Fars reported reported about execution of four other prisoners in the prison of Ahvaz, southwest of Iran. The prisoners were identified as "A. A." convicted of keeping 224 grams of heroin, "H. M." convicted of keeping 193 grams of heroin, "J. J." convicted of selling 50 grams of cannabis and "Gh. F." convicted of immoral acts. The executions took place early today 25th December at the Karoun prison of Ahvaz.

Iranian authorities have declared that they have extended list of the drugs offences that are punished by death penalty.

According to the reports from the Iranian Kurdistan, the Kurdish political prisoner Habibollah Latifi has been transferred to solitary confinement in the central prison of Sanandaj and is scheduled to be executed early tomorrow morning [Dec. 26, 2010].

Iran Human Rights has urged the international community to do whatever they can in order to stop Mr. Latifi’s life.

Source: Iran Human Rights, December 25, 2010

Friday, December 24, 2010

Residents of Hunstville, Texas, say there's more to life than death row

"The Walls" in Huntsville, TX 
Every execution in Texas since 1924 has been carried out in the Huntsville Unit, which has been aptly dubbed "the Walls." The Rev. Jesse Jackson has marched here; Katie Couric has reported live from here. Residents say they can tell when there's a controversial execution — they notice the strangers in town.

"Inside Huntsville, people don't even know when there's an execution," unless it's high profile, said Bill Williamson, a state police officer whose father worked at the Walls. "They know it's a part of life, and that's what happens."

But Huntsville's residents have a precarious relationship with its prisons. In addition to the Walls, there are four more prisons within Huntsville's city limits and five more nearby.

The prison system is one of the biggest employers in Huntsville (note to the unemployed: they're hiring), and practically everyone in town falls within a couple degrees of separation from someone who makes a living at a prison.

Still, many bristle at how death row has shaped the identity of Huntsville to outsiders. They point to Sam Houston State University, which has about 17,000 students, and the school's namesake, who was governor when Texas became a state and president when it was a republic.

"We don't talk about the prison," said Kathryn Nickell, a retired schoolteacher who first came to Huntsville in 1965 to attend Sam, as the locals call the university. "They talk about Huntsville being the death capital. But we've got more than that."

Jim Willett, the retired warden of the Walls, said there's no denying how much Huntsville has relied on the jobs the prisons have provided. About half of Huntsville's 35,000 residents are state employees.

"You take away the prison system and the college," Willett said, "we probably wouldn't have a red light in this town."


Source: Los Angeles Times, December 24, 2010

Related article: 'Huntsville, Texas: the execution capital of the free world', Texas Observer, November 30, 2008

Related material: Texas' Death Row is a disgrace to the state of Texas. Click here to view 50 recent, annotated pictures of the 'living' conditions on Texas' Death Row. These photos were provided by the State of Texas in response to a Freedom of Information Act request filed by attorney Yolanda Torres, and have been posted on Thomas Whitaker's blog, "Minutes Before Six".Thomas Whitaker is currently on Death Row in the state of Texas.

Thursday, December 23, 2010

Ohio only state to execute more in 2010

Ted Strickland
Ohio continued to buck a national trend on the death penalty this year, ranking second in the nation to Texas in the number of executions.

Ohio had eight men lethally injected, making it the only state to increase executions in 2010, according to the annual report by the Death Penalty Information Center, a nonprofit, nonpartisan organization in Washington, D.C.

The total would have been higher had Gov. Ted Strickland not spared the lives of two convicted killers: Kevin Keith of Crawford County and Sidney Cornwell of Mahoning County.

Strickland, who will leave office Jan. 9, said yesterday that he feels "terrible" that Ohio was the only state in which executions rose this year. "It's one of the responsibilities of governing that I won't mind giving up," he said.

But Strickland also said that some murderers deserve the death penalty. "In a perfect world, we wouldn't have a death penalty," he said. "But there are some people who are so terribly damaged, so twisted and devoid of empathy for other people who, in the most calculated way, decide to do terrible things to people."

Executions in the United States in 2010 were down 12percent from last year, the center reported. The nation had 46 executions this year, down from 52 last year. This year's total was less than half of that in 1999, the report stated.

Texas had 17 executions this year, a 29percent drop from 2009.

Behind Ohio, four states - Alabama, Mississippi, Oklahoma and Virginia - each had three executions.

Only 12 states had any executions.

"Whether it's concerns about the high costs of the death penalty at a time when budgets are being slashed, the risks of executing the innocent, unfairness, or other reasons, the nation continued to move away from the death penalty in 2010," said Richard Dieter, executive director of the Death Penalty Information Center.

The process has been complicated not only by legal challenges but also by shortages of a critical drug, thiopental sodium. It is used exclusively in Ohio's lethal-injection process and as part of a three-drug system in other states. The sole U.S. manufacturer of the drug does not expect to resume production until spring.

Although the nation's number of new death sentences has remained about the same, Ohio added six people to Death Row this year, an increase from the trickle of new sentences in the previous few years. Ohio has 156 men and one woman on Death Row.

Still, that is a big drop from just a few years ago, when more than 200 people were awaiting execution in Ohio prisons.

Ohio's steady stream of executions, coupled with a trend toward more sentences of life in prison without the possibility of parole, has continued to trim Death Row.

Gov.-elect John Kasich, a Republican who supports capital punishment, will face reviewing two scheduled executions early in his term, in February and March.

In addition, county prosecutors have asked the Ohio Supreme Court to set execution dates in about 10 other cases. Dates are being held open monthly through the end of 2011.

Ohio is also going against a geographic trend. The center reported that, since capital punishment was restored in 1976, 82 percent of all executions in the U.S. have been in the South.

Source: The Columbus Dispatch, December 21, 2010

Death Sentence Executions Rare In Oregon

PORTLAND, Ore. -- A Marion County jury recommended the death penalty Wednesday for a father and son convicted in a bank bombing that killed two police officers.

There are currently 36 men, now including Bruce and Joshua Turnidge, on death row in Oregon. A death penalty execution has not happened in the state since 1997.

Even after someone is sentenced to death, appeals and legal proceedings can keep them on death row for years.

But, knowing exactly how long the Turnidges could remain on death row is difficult to say.

"The most we can say is how long it is taking right now. And, right now it's taking in excess of 20 years," said Jeff Ellis, the capitol resource counsel for Oregon.

"Oregon has only executed two people in what we call the modern era, since the death penalty was re-instated by the United States Supreme Court. And, both of those people gave up their appeals. In other words, they said to courts, 'I don't want to appeal anymore. I want to be executed,'" he said.

Those two men were Douglas Franklin Wright and Harry Charles Moore

On Sept. 6, 1996, Wright became the first person executed in Oregon in 34 years. He received the death penalty for murdering three transients on the Warm Springs Indian Reservation.

In the days leading up to his execution, he confessed to an additional kidnapping and murder of a 10-year-old boy.

After an automatic appeal, Wright decided he would not appeal again.

"In fact, he volunteered this statement to me which is that if he had a choice of execution, it would be by firing squad because that is the method he used on his victims," said Frank Thompson from the Santiam Correctional Institution in regards to Wright's decision.

Instead of dying by firing squad, Wright became the first person in Oregon to be killed by lethal injection.

Eight months later on May 16, the state executed Moore by lethal injection. He was sentenced to die for murdering his half-sister and her former husband.

Like Wright, Moore volunteered to die.

Moore said he didn't want to wait on the death row he despises while appeals creep through the justice system.

Since Wright and Moore, other men have received the death penalty but no one else has been executed.

Source: kptv.com, December 22, 2010


Capital Punishment in Oregon - Facts & figures

Law Reinstated in Oregon
Bed used during execution
Oregon reinstated capital punishment in 1984, but the state's first execution in 34 years did not occur until September 6, 1996. At 12:16 a.m., Douglas Franklin Wright died by lethal injection in the execution room at Oregon State Penitentiary in Salem. That event focused an enormous amount of interest, curiosity and attention on the Department of Corrections and how executions are conducted, what its like to live on death row, and the entire issue of capital punishment in Oregon.

Life on Death Row
Once a male offender is convicted of aggravated murder and sentenced to die, he is sent directly to Oregon State Penitentiary. Although no women are sentenced to death in Oregon, their treatment would be comparable. They would be housed, however, at Coffee Creek Correctional Facility until shortly before the execution is scheduled to occur.

Oregon's death row inmates are segregated from the general population, with one inmate to a cell. All death row inmates are classified as maximum custody. Inmates on death row are permitted the same personal property in their cells as are inmates in general population, with the exception of those items that pose a threat to safety or security. For example, no metal items or glass containers may be kept in cells. Items inmates may purchase include televisions and radios (both to be used with headphones). Inmates may purchase items from the canteen (prison store) once per week.

Inmates may not keep a change of clothes in their cells, but rather must exchange clothing items on a one-for-one basis, three times a week.

Inmates are allotted a minimum 40 minutes of inside exercise (including showering and shaving) and 90 minutes of outside exercise per day, a minimum of five days per week. Inmates who choose to forgo outside exercise are limited to the inside exercise period.

Inmates may place collect telephone calls using the inmate telephone system from 6:00 a.m. to 10:00 p.m., by signing up. Other calls may be allowed as necessary.

Inmates are also provided one half hour of nondenominational religious counseling per week. If an inmate's spiritual needs cannot be met by prison clergy or volunteers, an outside spiritual advisor may be brought in.

Educational materials are provided to inmates upon written request although subject to review. Inmates also work as tier orderlies, in-house painters and yard orderlies.
Inmates are allowed reasonable visitations, but all visiting is non-contact and must be scheduled in advance.

Death Row housing rules are articulated by Oregon Administrative Rules 291-93-005 to 291-93-020.

Execution Policies/Procedures
It is the policy of the Department of Corrections to discharge its statutory responsibility to carry out death sentences while maintaining the safety and security of institutions as well as department staff and their families. Consistent with these policies, executions are conducted in a manner designed to protect the anonymity of department staff and other persons involved. Witnesses to executions agree not to describe, so as to identify, any staff.

Except as provided by statute, no employee of the Department of Corrections shall be required to participate in the execution of an inmate sentenced to death. The department provides professional support for all employees involved in an execution.

Receiving a Death Warrant
Commonly 45 days or more before a specified execution date, a death warrant is issued by the trial court judge in the county of commitment. The superintendent of Oregon State Penitentiary notifies the director of the Department of Corrections that an execution is scheduled and will take place as soon after midnight as possible on the date specified in the death warrant. The director, in turn, notifies the governor of the impending execution.

The superintendent also notifies the county medical examiner and requests the presence of the examiner or a representative at the execution and that the examiner be prepared to issue a certificate of death. The superintendent is responsible for selecting the executioner, whose identity remains confidential.

The director sends a written order to purchase the lethal substances required for execution, along with a copy of the death warrant, to a drug wholesaler. Supplies and equipment are also assembled and prepared by the superintendent or his designee.

Arrangements will be made to ensure the telephone company has installed two dedicated emergency telephone lines that will ring directly into the execution room. The director will advise the governor and the attorney general of the telephone procedures.

The assistant superintendent of security is responsible for selecting two six-person special security teams (primary and back-up) to assist with the execution. In the weeks leading up to the execution date the assistant superintendent of security and the special security teams conduct drills simulating the movement and restraint of the inmate. They rehearse many scenarios along with medically trained personnel who are responsible for insertion of intravenous catheters and other staff who have assignments in the execution room.

Witness to the Execution
A number of people are invited to witness an execution. These people are specified both in statute (ORS 137.473) and administrative rules (291-024-0020 (3)). They include: one or more physicians, the attorney general, the sheriff and district attorney of the county in which the judgment was rendered and one or more victim relatives. Additionally the inmate may select no more than five friends or relatives and no more than two religious representatives.

Five media representatives are invited to witness the execution: two selected by the Oregon Association of Broadcasters, two selected by the Oregon Newspaper Publishers´ Association (one of whom must be from the county in which judgment was rendered), and one representative of the Associated Press. These reporters will act as pool reporters for other media who are assembled in a designated media center on penitentiary grounds.

Other people, including peace officers, may be invited at the discretion of the superintendent.

Witnesses must be at least 18 and pass a security check. They also must be properly attired.

Countdown to Execution

Four Days
No less than four days prior to a scheduled execution date, the condemned inmate is transferred from his cell on death row to a special cell in the Intensive Management Unit (IMU), a separate super-maximum facility within the walls of Oregon State Penitentiary. The execution room cell is adjacent to the 73.5 sq. ft. execution room. Prior to Douglas Franklin Wright's execution the execution room was used as office space. Since 1996 it is used exclusively for executions because of necessary modifications and partitioning.

After transfer to the execution room cell, the condemned inmate is supervised 24-hours a day by a correctional officer, who keeps a log of all activities. All incoming mail is photocopied and the originals placed in storage in order to prevent the inmate receiving drug-infiltrated paper. The inmate is provided telephone privileges with the approval of the superintendent.

The condemned inmate is permitted one hour of exercise per day, so long as it causes no security or safety risks. The inmate is not permitted contact with any other inmates. He is served the same food as other inmates assigned to the IMU. New institutional clothing is issued to the inmate and is exchanged as needed.

At the discretion of the superintendent there may be daily visits with members of the inmate's family, approved religious representatives, and others who are on the inmate's approved visiting list and requested by the inmate.

Two Days
Forty-eight hours prior to execution, the superintendent ensures that all arrangements have been made for the execution and that sufficient additional correctional officers are scheduled to work the evening prior to the execution.

The superintendent ensures that his/her executive assistant has either prepared or obtained a certificate of death that reflects the cause of death as execution by lethal injection. A form authorizing release of the body, to be signed by the mortician, is also prepared in advance.

One Day
Twenty-four hours prior to execution a medically trained individual prepares and secures the necessary syringes with the lethal solutions, and separately prepares and secures back-up syringes. Secure storage is the responsibility of the assistant superintendent of security.

Penitentiary staff work in concert with the Oregon State Police, the Salem Police and the Marion County Sheriff's office for perimeter security including crowd control, traffic control and penitentiary access. Inmate visiting may be limited or suspended the day before and after an execution.

A media center is set up on penitentiary grounds to accommodate the needs of the media. Only media who have arranged for credentials prior to the execution are admitted to the media center.

The inmate's last meal is personally prepared and served about 6 p.m. by a staff member assigned by the food services manager.

An emergency command center is established in the superintendent's office to manage institutional affairs during the hours preceding and immediately following an execution. The assistant superintendent of Program Services is assigned to manage the command center.

The emergency telephone lines in the Execution Room are checked at 6 p.m. and again at 9 p.m. At 9:30 p.m. they are tested every half-hour until 11:30 p.m. The command center will establish radio contact with the officer-in-charge of the IMU to ensure that messages can be conveyed in the event that institutional or emergency telephone lines become inoperable.

All witnesses and designated media representatives gather in pre-arranged locations at approximately 10 p.m. They remain under staff supervision while on penitentiary grounds. Prior to being escorted to the IMU they are briefed by staff about procedures and what to expect; they are also visited by a counselor who offers information on the psychological effects of witnessing an execution. Security procedures require witnesses to pass through one or more metal detectors. Witnesses may not carry recording devices once they assemble on penitentiary grounds. The only hand-carried items allowed within the penitentiary are note pads and pens or pencils issued by the department.

The Final Minutes
At 11:30 p.m. the assistant superintendent, Security, confirms that the clock used to determine the time to carry out the execution is accurate. The superintendent accompanies the executioner(s) to the execution room and ensures that the confidentiality of the executioner is not compromised.

Once restraints have been applied to the inmate, the Special Security Team leader instructs the officer supervising the execution room cell to open the cell door. The leader supervises the activities of the Special Security Team members, who escort the inmate in security restraints from the cell and position and properly restrain the inmate on the table. There are no visits once the inmate has been moved to the execution room.

Medically trained individuals connect a heart monitor to the inmate which helps determine when death has occurred. They also insert two intravenous catheters -- one primary and one back-up -- in the most appropriate locations on the inmate's body, usually the arms and/or hands.

Following insertion of the intravenous catheters the witnesses are escorted to the witness area. Two correctional captains are stationed in the witness area to assist witnesses and maintain decorum. If at any point in the execution process a stay of execution is ordered, the superintendent shall halt all execution procedures and the witnesses shall be removed.

The Execution
Immediately prior to execution, the assistant superintendent, Security, inspects all straps, and with the assistance of medically trained staff, makes a final inspection of the intravenous catheters and the injection equipment. Upon authorization from the superintendent the window coverings are lifted so the witnesses can see the inmate in position on the table. The table is designed to slightly elevate the inmate´s head so witnesses have full view of the actual execution.

If no stay of execution has been received via the open phone lines to the governor and the attorney general, as soon after midnight as possible, the superintendent signals the executioner to begin injection of lethal solutions into the injection port of the intravenous catheters. As prescribed by ORS 137.473, the lethal solutions include an ultra-short acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death.

The executioner signals the superintendent when infusion of the lethal substances has been completed. Once death occurs, the time is noted. The superintendent summons a medical professional to officially certify the inmate´s death. The superintendent announces the time of death to the witnesses. The time of death is conveyed via telephone to the communications manager who announces it to the media assembled in the media center.

After the witnesses leave the execution area, they are joined by the superintendent who conveys the inmates last words. Media witnesses are escorted to the media center to share their experiences and impressions with their colleagues as prearranged. Other witnesses are escorted off of penitentiary grounds.

The assistant superintendent, Security, will remain to supervise the removal of the body. The body is released to a funeral home after the body is properly identified using identification photographs for comparison. The State Police are notified when the execution is complete and the body is ready for removal.

The inmate´s predesignated contact person will be notified to contact the funeral home to which theinmate´s body was taken. This contact person will also receive the inmate´s personal property and any amount of money in the inmate´s trust account, after deducting any expenses incurred by the department and related to the death of the inmate.

©1997 Oregon Department of Corrections

Doubts about the death penalty emerging in Texas

Polunsky Unit, Texas' Death Row
Click here for more
In the past, Texas has appeared unwavering in its support for the death penalty.

Even as other states explored alternatives or abolished capital punishment altogether, Texas was resolute.

But new numbers tell a different story, suggesting that doubt is creeping into the state's psyche. While Texas is still No. 1 with a bullet, carrying out more than twice as many executions as any other state, the number of new death sentences has plummeted.

In 2010, only eight Texas juries sentenced someone to die – a record low since capital punishment was reinstated in 1976. Compare that with 1999, when 48 juries in our state handed down death sentences.

The Texas Coalition to Abolish the Death Penalty, which detailed this downward shift in a new report, dubbed this the Year of Doubt.

In Texas, as in other states, multiple factors likely have contributed to the declining number of death sentences. Life in prison without parole has emerged as a viable punishment option. The exorbitant costs associated with death row also have made death by prison a more cost-effective approach.

Even more important, though, may be the advances in DNA that have laid bare the failings of the justice system. Exonerations have confirmed what many suspected: Texas doesn't always get it right – an unacceptable outcome when the punishment is irreversible.

Watching Anthony Graves walk out of the Burleson County Jail should shake the confidence of even the most ardent death-penalty proponents. He's an innocent man who spent 18 years in prison and 12 years on death row for murders he did not commit.

This year, six other condemned Texas inmates had their sentences reduced on appeal, as the missteps of prosecutors, judges and juries were revealed.

As Texans see these errors exposed in several high-profile cases, they understandably may be less inclined to risk making an irreparable mistake. Prosecutors can no longer count on juries to mete out a death sentence whenever one is sought.

In 2010, three Texas juries rejected the death penalty in capital murder cases and instead opted for life sentences without parole, according to the coalition's research.

This newspaper has highlighted the fallibility of the system as we've called for the abolishment of the death penalty. And while our state was one of only 12 that carried out executions in 2010, this new report signals some discomfort with Texas' machinery of death.

These findings should spur legislative efforts to fix the most preventable flaws in our justice system. Most lawmakers have shown little interest in ending capital punishment, but they should be able to agree on reforms that address weaknesses in our judicial process.

Texas still is a long way from leading justice reform efforts. But a look back at 2010 suggests that our state is at least inching in the right direction.

Texas, by the numbers

3 juries rejected death sentence and chose life without parole in 2010
7 death sentences have been imposed in Dallas County since 2007, more than any other Texas county; The county also leads the nation in DNA exonerations
8 juries sentenced killers to die in 2010
17 people were executed this year
37 percent of U.S. executions occurred in Texas in 2010
48 juries handed down death sentences in 1999


Source: DallasNews.com, Editorial, December 22, 2010

China: Criminal Law Draft Amendment Unchanged in Reducing Number of Crimes Subject to Death Penalty

December 20, 2010: A draft amendment to China's Criminal Law remained unchanged in reducing the number of crimes subject to the death penalty.

The draft amendment was submitted today to the Standing Committee of the National People's Congress (NPC), China's top legislature, for its second reading.

In August this year, the NPC Standing Committee discussed the draft amendment during its first reading. The draft amendment will make 13 crimes exempt from capital punishment, if it becomes law.

The current law allows the death penalty for 68 crimes. The draft amendment, if passed, will reduce that number to 55.

Source: Xinhuanet.com, December 20, 2010

Italian Hospira Affiliate Guarantee on Pentothal

December 20, 2010: the Italian heads of American company Hospira have made themselves widely available to collaborate with Italian authorities, accepting that the production and sale of Pentothal will be exclusively authorised for medical purposes. They have committed to not selling the product to foreign jails and to inserting in contracts with distributors a clause that specifies that the product is not allowed for the practice of lethal injection, according to the resolution of the accord.

A note from the Foreign Affairs department outlined this, after a meeting today between the minister and the heads of the Italian affiliate of Hospira and the directors of the technical ministers involved.

Tomorrow, the note emphasised, the UN approves the third resolution on the moratorium on the death penalty and on the same day the Chamber will discuss a motion presented by Elisabetta Zamparutti on the possible exportation to the USA, by the Italian affiliate of multinational American Hospira, of Pentothal, an anesthetic used also in death penalty protocols using lethal injection.

Italy has always led the battle against the death penalty and has contributed to the determined way towards a consensus at the United Nations in favour of the moratorium, the note continued. In the specific case of Pentothal therefore, Foreign Minister Franco Frattini (who recently met the Secretary General of Hands Off Cain, Sergio D'Elia, Zamparutti and the Sant'Egidio Community spokesperson Mario Marazziti) quickly involved the Health and Economic Development ministers, to take a timely interest in the company and find a solution in line with the request of the motion and with the traditional Italian sensibility on themes of the death penalty.

Sources: Adnkronos, Hands Off Cain, December 20, 2010

Wednesday, December 22, 2010

Executions decline by 12 percent in US

Washington D.C. - The number of executions carried out in the United States dropped by 12 percent in 2010. Commentators attributed the decline to changing attitudes on the practice but also cited problems with the availability of lethal injection chemicals and lengthy appeals processes.

The anti-execution Death Penalty Information Center has issued a report counting 46 executions in Texas, Ohio, Alabama, Virginia, Oklahoma, Mississippi, Georgia, Florida, Louisiana, Arizona, Utah and Washington in 2010.

In 2009 there were 52 executions in 16 states.

Richard Dieter, executive director of the organization, told the Associated Press that the nation “continued to move away from the death penalty in 2010.” He noted concerns about the high financial costs of the death penalty at a time of budget cuts, concerns about executing the innocent and concerns about unfairness in application.

Scott Burns, executive director of the National Association of District Attorneys, said that appeals have added so much time between sentence and execution that some families are asking prosecutors to accept life in prison without parole. The certainty of that sentence is “sometimes more palpable to them,” he told the AP.

Lengthy sentences for violent criminals and programs to reduce recidivism could also have contributed to a decline in death sentences.

Thirty-five U.S. states have the death penalty. Texas had 17 executions in 2010, the most of any state. However, this figure was a drop from the state’s 24 executions in 2009. The Death Penalty Information Center attributed this drop to the state’s adoption of a sentence of life without parole in 2005, new district attorneys in prominent jurisdictions like Houston and Dallas, and “the ongoing residue of past mistakes.”

Twelve death row inmates in Texas have been exonerated since 1978.

About 114 new inmates will be added to death row in 2010, slightly above last year’s post-1976 record low of 112.

More than 3,000 criminals are on death row in the U.S.

Source: CNA, December 22, 2010


Poll: Americans Ready to Deep Six the Death Penalty?

LEXINGTON, Ky. - A recent poll by the Washington, D.C.-based Death Penalty Information Center (DPIC) suggests voters prefer that murderers serve a life sentence rather than idle on death row. The nationwide survey of 1,500 registered voters found most prefer life without parole over the death penalty for murderers.

DPIC Executive Director Richard Dieter says concerns about fairness, executing the innocent and cost are changing minds.

"About 60 percent of the public is ready. They may still support the death penalty, but they are willing to replace it because of the problems that exist with capital punishment."

Dieter says voters ranked capital punishment the lowest among budget priorities. And, a majority of those polled favor replacing the death penalty with life without parole, if the money saved were used to fund crime-prevention programs.

"What we are finding is that people may support the death penalty in theory, but they are willing to support their legislator if he or she votes against the death penalty. They have high concerns about the cost, which is a particular concern in states facing budget crises this year."

A global movement against the death penalty is growing, according to Dieter. And, as capital punishment is exercised less and less in the U.S., Dieter sees a repeal of the practice looming.

"For some people this is a moral issue. But the majority of people have other concerns, like innocence and fairness, and even that it doesn't serve victims very well."

Dieter says of the 35 states with the death penalty, 12 carried out executions in 2010, and 82 percent of those executions were in the South. Dieter says a death penalty case carries a $3 million price tag, compared to imposing a life sentence, which costs $1 million.

The entire DPIC poll results are available at www.deathpenaltyinfo.org.

Source: Public News Service, December 22, 2010

UN votes to reinstate resolution condemning execution of gays

The United Nations General Assembly has voted to restore a reference to sexual orientation in a resolution opposing the unjustified killings of minority groups.

Last month, a UN panel deleted a reference to gays and lesbians in resolution introduced by Morocco and Mali. The vast majority of countries in support were African or Arabic.

Many of the supporting countries criminalise homosexuality and five treat it as a capital offence.

But today, the UN General Assembly voted 93 in favour of the United States’ proposal to restore the reference to sexual orientation, 55 countries voted against and 27 abstained. The assembly then approved the amended resolution with 122 in favour, none against and 59 abstentions.

The amendment passed last month called for the words “sexual orientation” to be replaced with “discriminatory reasons on any basis”. The resolution made explicit reference to a large number of groups, including human rights defenders, religious and ethnic minorities and street children.

It narrowly passed 79-70 and was then approved by the UN General Assembly committee with 165 in favour and ten abstentions. The motion condemns extra-judicial, summary and arbitrary executions and other killings, is voted on by the UN General Assembly every two years. For the past ten years, it contained references to sexual orientation.

Related articles: 'UN deletes gay reference from anti-execution measures', Reuters, Nov. 16, 2010, Pink News, Nov. 19, 2010, Pink News, Dec. 14, 2010, The Guardian, December 21, 2010

Source: Pink News, December 21, 2010

Tuesday, December 21, 2010

Saudi man executed for murder of compatriot

December 21, 2010: A Saudi man sentenced to death for killing a fellow citizen was beheaded on Tuesday in the Red Sea industrial city of Yanbu, said the interior ministry.

Mitaab Al Sanani, shot dead another Saudi, Nayef Al Dhabiani, the ministry said in a statement published through state news agency SPA, without giving further details.

Source: AFP, December 21, 2010

Yemeni authorities called upon to commute juvenile offender's death sentence

Amnesty International today called upon the Yemeni authorities to halt the imminent execution of a young man for a crime he is alleged to have committed at the age of 15. (More here)

"We are urgently appealing to President Ali Abdullah Saleh to show clemency in the case of alleged juvenile offender Muhammed Taher Thabet Samoum," said Philip Luther, Amnesty International's Deputy Director for the Middle East and North Africa. "We call for him to be saved from execution -- the ultimate cruel, inhuman or degrading punishment -- and for his death sentence to be commuted."

As President Ali Abdullah Saleh has now ratified Muhammed Taher Thabet Samoum's death sentence, he is at imminent risk of execution. Muhammed Taher Thabet Samoum has been sentenced to death for a murder he is alleged to have committed in May 2002. Although he does not have a birth certificate, he maintains that he is now 24 years old, which would make him 15 years old at the time of the offence.

Another alleged juvenile offender, Fuad Ahmed Ali Abdulla, whose death sentence was due to be carried out on 19 December, had his execution halted by the Yemeni authorities on 18 December. His case is now to be reviewed.

In both cases, it is unclear how the court determined their ages.

"Yemen has the right and responsibility to bring to justice those suspected of recognizably criminal offences, but Amnesty International is unconditionally opposed to the death penalty in all cases," said Philip Luther.

"Executing individuals for crimes they are accused of committing while apparently under 18 is not only inhumane but also in contravention of Yemen's obligations according to both Yemeni and international law."

Yemen is a state party to the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, both of which expressly prohibit the execution of juvenile offenders -- those convicted of crimes committed when they were under 18.

The application of the death penalty on juvenile offenders is also expressly prohibited in Article 31 of Yemen's Penal Code.

Amnesty International is aware of at least eight other people who are possible juvenile offenders on death row in Yemen and has long-standing concerns about the use of the death penalty in the country, particularly as death sentences are often passed after proceedings which fall short of international standards for fair trial.

In 2009, at least 53 people were sentenced to death and at least 30 people were executed in Yemen. In 2010 so far, at least 19 people have been executed. Hundreds are believed to be on death row.

Note for editors

Yemen has made significant progress in the prohibition of the use of the death penalty against juveniles, but courts continue to sentence alleged juvenile offenders to death. The legal progress to prohibit the use of the death penalty against juveniles followed the ratification of the Convention on the Rights of the Child by the government in 1991. At that time the prohibition of the use of the death penalty against juveniles was limited to offenders below the age of 15 at the time of the crime. However, this categorical prohibition was extended in 1994 to include individuals below the age of 18 at the time of the commission of capital offences. This was stipulated in Article 31 of the Penal Code, Law 12 of 1994, and marked a positive development, bringing Yemen's laws into line with Article 37 of the Convention on the Rights of the Child and Article 6 of the International Covenant on Civil and Political Rights, both of which categorically prohibit the use of the death penalty against anyone under 18 years of age at the time of commission of any crime.

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Source: Amnesty International, December 21, 2010