Sunday, July 31, 2011

Pentobarbital Manufacturer Says Drug is Not Safe for Lethal Injections

A split Florida supreme court has ordered a hearing on a new drug to be used as part of the lethal injection cocktail for convicted killer Manuel Valle, according to a Palm Beach Post report.

Department of Corrections officials in June replaced the anesthetic sodium thiopental, the first of three drugs used in lethal injections, with pentobarbital sodium. The manufacturer of sodium thiopental stopped making the drug early this year, part of a nationwide drug shortage that is affecting hospitals as well as correctional facilities.

Lundbeck, the Danish manufacturer that produces pentobarbital, announced the drug is untested and unsafe for use in lethal injections. The company has since stopped selling the drug to those who intend to resell it for lethal injections. The drug is not FDA-approved as an anesthetic, thought it has been used in at least 15 executions in other states.

Read the
 Palm Beach Post report on lethal injections.

Source: ASCREVIEW, Anesthesia News and Analysis, July 27, 2011

Iran state media: Man spared punishment of blinding by acid

Tehran, Iran (CNN) -- A man convicted of blinding a woman in an acid attack was spared an eye-for-an-eye punishment Sunday, minutes before the sentence was to be carried out, Iranian state media reported.

The Fars News Agency reported that the victim had a sudden change of heart and decided to stop the punishment.

A physician was to drop acid -- under legal supervision -- into the eyes of Majid Movahedi on Sunday, according to Fars News Agency, to punish him for throwing acid in the face of Ameneh Bahrami seven years ago. The act disfigured her face and blinded her.

Bahrami had previously insisted on the vengeful punishment after her attacker's conviction in 2008.

"However in the last minute, Ameneh changed her mind and asked the proceeding to be halted," the Islamic republic's Fars state news agency reported.

This week marks the beginning of the holy month of Ramadan in the Islamic world, and pardons and commuted sentences commonly occur as a show of compassion leading into the holiday.

An Iranian court convicted Movahedi in 2008 of pouring a bucket of acid on Bahrami, after she had rejected his unwanted advances for two years.

Bahrami had demanded at the time that the court sentence the man to suffer the same fate he had inflicted upon her, and the court agreed, citing provisions in Islamic law.

The sentence was to be carried out in May 2011, but a court postponed it after Amnesty International protested against it on the grounds of cruelty.

Bahrami forgave her attacker in part for her country, she told state news agency ISNA, "since all other countries were looking to see what we would do." She "has called for blood money for her injuries", ISNA said.

The victim of the acid attack said life has been very difficult for her ever since.

Bahrami says she first met Movahedi in 2002 when they attended the same school.

She was a 24-year-old electronics student. He was 19. She never noticed him until he sat next to her in class and brushed up against her. Bahrami says she knew it wasn't an accident.

"I moved away from him," she said, "but he brushed up against me again."

Bahrami said that over the next two years, Movahedi harassed her and made threats, even asking her to marry him.

"He told me he would kill me. He said, 'You have to say yes.' "

On a November afternoon in 2004, his threats turned to violence when he followed her from the medical engineering company where she worked.

As she walked to the bus stop, she sensed someone behind her.

She turned around and was startled to see Movahedi, who threw something over her. What felt like fire on her face was acid searing through her skin.

"I was just yelling, 'I'm burning! I'm burning! For God's sake, somebody help me,' " she said.

The acid seeped into her eyes, and streamed down her face into her mouth. When she covered her face with her hands, streaks of acid ran down her fingers and onto her forearms.

In 2009, Bahrami told CNN that she had undergone more than a dozen surgeries on her badly scarred face, but still imagined that in the future she would have a wedding day.

"I always see myself as someone who can see and sometimes see myself in a beautiful wedding gown, and why not?" She said.

Source: CNN.com, July 31, 2011

Iranian sentenced to blinding for acid attack pardoned

An Iranian man who was ordered to be blinded for carrying out an acid attack on a woman has been pardoned by his victim, state television has said.

Ameneh Bahrami had demanded qisas, [...], but the report said she had foregone that right at the last minute.

A court had backed Ms Bahrami's demand in 2008 that Majid Movahedi be blinded.

He attacked Ms Bahrami in 2004 after she had refused his offer of marriage, leaving her severely disfigured.

Rights group Amnesty International had lobbied against the sentence, calling it "cruel and inhuman punishment amounting to torture".

Mother's praise

The state television website reported: "With the request of Ameneh Bahrami, the acid attack victim, Majid (Movahedi) who was sentenced for 'qisas' was pardoned at the last minute."

The Isna news agency quoted Tehran prosecutor Abbas Jafari Dolatabadi as saying: "Today in hospital the blinding of Majid Movahedi was to have been carried out in the presence of an eye specialist and judiciary representative, when Ameneh pardoned him."

Isna quoted Ms Bahrami as saying: "I struggled for seven years with this verdict to prove to people that the person who hurls acid should be punished through 'qisas', but today I pardoned him because it was my right.

"I did it for my country, since all other countries were looking to see what we would do."

Ms Bahrami was quoted on Iranian TV as saying: "I never wanted to have revenge on him. I just wanted the sentence to be issued for retribution. But I would not have carried it out. I had no intention of taking his eyes from him."

Mr Dolatabadi told Isna that Ms Bahrami had demanded "blood money", or compensation, for her injuries.

He praised her "courageous act" of pardon, adding: "The judiciary was serious about implementing the verdict."

Ms Bahrami said she had never received any money from the man's family, saying she was seeking only compensation for medical fees, which she put at 150,000 euros ($216,000: £131,000).

She said: "He wont be freed. He has a sentence, which he has to serve for 10-12 years of which he has done seven. Unless the full compensation is paid, he won't be freed."

Isna quoted Ms Bahrami's mother as saying: "I am proud of my daughter... Ameneh had the strength to forgive Majid. This forgiveness will calm Ameneh and our family."

Source: BBC News, July 31, 2011

Iranian acid attack victim pardons culprit

An Iranian man convicted of throwing acid in the face of a female student has been pardoned from being blinded himself as punishment, a state-run television website has said.

Majid Movahedi was sentenced in February 2009 to be blinded in both eyes after being convicted of hurling acid in the face of university classmate Bahrami when she repeatedly spurned his offer of marriage.

"With the request of Ameneh Bahrami, the acid attack victim, Majid, who was sentenced for 'qesas' ['eye for an eye' justice] was pardoned at the last minute" after she decided to forgo her right, the website said.

The court-ordered blinding of Movahedi was originally postponed at the 11th hour in mid-May, with no official reason given.

Bahrami told the ISNA news agency she pardoned her attacker because "God talks about 'qesas' in the Koran but he also recommends pardon since pardon is greater than 'qesas'".

"I struggled for seven years for this verdict to prove to people that the person who hurls acid should be punished through 'qesas', but today I pardoned him because it was my right.," she said.

"I did it for my country, since all other countries were looking to see what we would do."

Pardon hailed

Abbas Jafari Dolatabadi, a Tehran prosecutor, hailed Bahrami's decision, but also said that the judiciary would have carried out the blinding sentence.

"Today in hospital the blinding of Majid Movahedi was to have been carried out in the presence of an eye specialist and judiciary representative, when Ameneh pardoned him," the ISNA news agency quoted Jafari Dolatabadi as saying.

"However, she demanded blood money for her injuries," Jafari Dolatabadi said, referring to compensation allocated to the victims of violent crimes when they suffer serious injuries, without elaborating.

"The judiciary was serious about implementing the verdict, and Ameneh by her courageous act pardoned the 'qesas' of this man," Jafari Dolatabadi said.

In mid-May, Arman newspaper quoted Bahrami as saying: "I want two million euros to guarantee my life and my future, not for treatment.

"It is only then that I will give up 'qesas' against Majid, although they said - and I hope it is true - that the sentence will be carried out next week."

ISNA on Sunday quoted Bahrami's mother as saying she was proud of her.

"I am proud of my daughter ... Ameneh had the strength to forgive Majid. This forgiveness will calm Ameneh and our family," she said.

'Cruel punishment'

Amnesty International said in a statement on Sunday that the case highlighted the need for legal reforms in Iran as the "cruel punishment which amounts to torture [is] prohibited under international law".

Iran's Islamic sharia law code provides for retributive justice, most commonly for murder or for those convicted of causing intentional physical injury.

Bahrami, who was 24 when she met Movahedi in 2002, has been undergoing medical treatment for her disfigurement for years in Spain.

She is blind in both eyes and still has serious injuries to her face and body.

Several acid attacks have been reported in Iran in recent years.

The press has been generally supportive of Bahrami, publishing sympathetic interviews with her and photographs of her face before and after the attack.

In December 2010, the supreme court upheld another sentence of blinding handed down against a man convicted of an acid attack against his wife's lover that deprived him of his sight, but there has been no reported confirmation of it being carried out.

Source: Al Jazeera, July 31, 2011              


Acid blinding punishment stopped in Tehran

Iran Human Rights, July 31: The retribution sentence of a man convicted of throwing acid in the face of a woman was set to take place this morning in Tehran but it was not implemented. Majid Movahedi was pardoned by Ameneh Bahrami, according to a report by the Iranian state-run news agency ISNA.

“By the request of the acid attack victim Ameneh Bahrami, Majid (Movahedi), who was sentenced to ‘qesas’ (an ‘eye for an eye’-style justice), was pardoned last minute after Ameneh Bahrami decided to forgo her right [to retribution]," said the report.

Majid Movahedi was sentenced by a Tehran court to blinding by ten drops of sulfuric acid in 2008. His crime was splashing acid on Ameneh Bahrami four years earlier because she had allegedly spurned his marriage proposals. The acid had severely burned Ameneh Bahrami’s face and blinded her. The retribution sentence was approved by the Iranian Supreme Court in February 2009.

Ameneh Bahrami told ISNA in an interview today that she pardoned Majid Movahedi because, “God talks about qesas (retribution) in the Qur’an but he also recommends pardon, because it is greater than qesas.”

“I did it for my country, since all other countries were looking to see what we would do,” she added.

Tehran Prosecutor Abbas Jafari Dolatabadi hailed Ameneh Bahrami’s decision but also said that the Judiciary would have carried out the acid blinding punishment.

The sentence was about to be carried out once before in May 2011, but it was halted by the Iranian authorities without any official reason(s) given. It is believed that the massive international pressure the case received was instrumental in the decision by Iranian authorities to postpone the punishment.

According to knowledgeable sources who wanted to stay anonymous, the acid blinding case had become a headache for the Iranian authorities because of the growing international condemnations. They did not want to lose face by giving in to the pressure.

Mahmood Amiry-Moghaddam, the spokesperson of Iran Human Rights (IHR) welcomed the decision of cancelling the acid blinding sentence. "We ask for the removal of barbaric punishments like stoning, blinding and amputations. These medieval sentences are currently a part of the Iranian penal law," he said.

IHR congratulates Ameneh Bahrami for not taking part in the grotesque punishment and urges the Iranian authorities to help Ameneh Bahrami so she may receive the needed medical treatment and economic compensation.

Mahmood Amiry-Moghaddam said, "We express our compassion with Ameneh Bahrami. As an Iranian citizen, Ameneh Bahrami deserves to get her medical treatment covered by the Iranian government and receive economic compensation for losing years of her life."

Source: Iran Human Rights, July 31, 2011

Related article:

Man hanged in southern Iran

Iran Human Rights, July 30: One prisoner was hanged in the city of Minab, southern Iran, reported the state run Iranian news agency Fars.

According to the report the prisoner who was identified as "H.D." was convicted of trafficking 49,5 kilograms of heroin and was arrested in 2008.

The report didn’t mention age of the prisoner, nor the exact time and place of the execution.

Source: Iran Human Rights, July 30, 2011

Saturday, July 30, 2011

Iranian Man’s Retribution Acid Blinding Punishment Set for Sunday, July 31, in Tehran

Iran Human Rights, July 30: According to reports from Iran, the blinding sentence of Majid Movahedi will be implemented in Tehran early Sunday morning. Acid is set to be dripped in both his eyes.

In November 2008, a court in the Iranian capital Tehran sentenced Majid Movahedi to “blindness in both eyes” by ten drops of sulfuric acid for splashing acid on Ameneh Bahrami’s face in 2004. She had allegedly spurned his marriage proposals. Ameneh Bahrami’s face became disfigured and she lost the sight in both eyes as a result of the injury. The sentence was approved by the Iranian Supreme Court in February 2009.

The sentence was scheduled to be implemented on May 14th but was postponed, probably due to the massive international attention the case received.

According to Alarabiya, Iranian authorities have decided to implement the verdict before the start of the Muslim holy month of Ramadan, which begins on August 1st. The news has also been confirmed on the Ameneh Bahrami Facebook page. It stated: “Ameneh’s retribution sentence will be implemented at 6:00am tomorrow.”

The sentence was approved by the Iranian Supreme Court in February 2009.

Mahmood Amiry-Moghaddam, the spokesperson of Iran Human Rights (IHR) strongly condemned what he called a “barbaric and grotesque” punishment. He said, ”The international community must not let this barbaric punishment to happen.” He added, ”Leaders of the Iranian regime should be held responsible for the barbaric and grotesque punishment of dripping acid in Majid’s eyes. These types of sentences are only meant to spread fear among the people and will, without a doubt, promote even more violence in the Iranian society.”

Mahmood Amiry-Moghaddam has asked the assigned doctors to not take part in the barbaric act of retribution because, if they do, they will be breaking their professional oath.

Regarding the discriminatory laws against women in Iran, Mahmood Amiry-Moghaddam said, “By being a woman, Ameneh is also a victim of the Iranian regime’s gender apartheid politics. Iranian authorities encourage violence against women. According to the Iranian laws, a woman who is not covered properly can be lashed up to 74 times, so the authorities are also responsible for the growing violence against women in the Iranian society, like Ameneh’s case.”

Background:

In 2004, Majid Movahedi was convicted of pouring acid on the face of Ameneh Bahrami, 27, a young woman he allegedly wished to marry.

As a result of the injuries, Ameneh Bahrami lost her sight in one eye and most of her sight in the other eye. She has been going through numerous surgical operations on her face and eyes to reverse the damage.

In 2008, a court in Tehran sentenced Majid Movahedi to Qesas (retribution, eye-for-an-eye). He was sentenced to lose the sight in both his eyes and to provide Ameneh Bahrami with economic compensation.

The Iranian Supreme Court approved the sentence in February 2009. According to the sentence issued by the court, ten drops of sulfuric acid will be dripped into each of Majid Movahedi’s eyes.

The punishment is set to take effect on the morning of July 31st.

Source: Iran Human Rights, July 30, 2011 - [فارسى]

Acid blinding sentence of the man who attacked with acid to be carried out tomorrow

Majid Movahed, the defendant in the acid attack case, has been transferred from the Rjaei Shahr Prison to the central investigation unit of the Police Station.

The Prosecutor has informed Majid Movahed’s lawyer that his sentence has to be carried out before the holy Muslim month of Ramadan. One more day is left until the sentenec is carried out.

According to the Human Rights House of Iran, the sentenec is to be carried out tomorrow at 6 am and the man is to be blinded in both eyes.

Movahed had thrown a jar of acid in the face of Ameneh Bahrami after she refused his marriage proposal. She lost both her eyes in the incident.

Recently, Parliament member Soleiman Zaker had said that “blinding with acid is is the application of the sharia’s “eye for an eye” laws.” He had added that “delay in the execution of the sentence and the ignorance of victims and their families has led to more acid attacks.”

He had requested that the victims of acid attacks should not ignore the Qisas sentence.

Ameneh Bahrami has retuned to Iran last week in order to carry out the sentence.

Persian Article: http://www.rahana.org/archives/42927

Source: rahana, July 30, 2011


Jul 31, 2011 UPDATE


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May 14, 2011
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ameneh bahrami refused to accept "blood money." she insisted instead that her attacker suffer a fate similar to her own "so people like him would realize they do not have the right to throw acid in girls' faces," she told the tehran ...

Capital punishment has drug problem, will eventually die

Harvard Medical School professors, Danish pharmaceutical companies, four members of the Florida Supreme Court and attorneys for condemned cop killer Manuel Valle are poking their collective noses into the state of Florida’s business, namely its — and our — business of death.

As a result, Valle won't be executed Tuesday as scheduled by the death warrant Gov. Rick Scott signed in June.

The Florida Supreme Court stayed Valle’s death sentence last Monday and ordered an evidentiary hearing about the efficacy of pentobarbital to knock him unconscious so he doesn’t feel the effects of the next two drugs his executioners would administer to paralyze him and stop his heart.

Justices Barbara Pariente, Peggy Quince, Jorge Labarga and James Perry voted to stay Valle’s execution, writing that a report from Dr. David Waisel, a pediatric anesthesiologist and associate professor of anesthesia at Harvard Medical School included in Valle’s lawyer’s arguments, merited a further look at pentobarbital, a new drug in Florida’s execution process.

Dissenting were Chief Justice Charles Canady and Justices Fred Lewis and Ricky Polston. “Based on speculation and conjecture, Valle claims the right to judicial micromanagement of the execution process,” Canady wrote in the dissenting opinion.

An evidentiary hearing was held in Miami on Thursday. The question will end up back before the state’s high court.

Florida’s use of pentobarbital is new. Previously, Florida used sodium thiopental as the first drug. But the state’s supplier of sodium thiopental stopped manufacturing it. Corrections Secretary Ed Buss approved new protocols for lethal injection, including pentobarbital, June 8.

Staffan Schuberg, president of Lundbeck Inc., the manufacturer of pentobarbital with the brand name Nembutal, wrote to Scott on May 16 and June 8 and also sent a June 8 letter to Buss.

“We are adamantly opposed to the use of Nembutal to execute prisoners because it contradicts everything we are in business to do — provide therapies that improve people’s lives,” Schuberg wrote in his May 16 letter to Scott.

Schuberg admits there’s nothing he can do to stop the state of Florida.

Of the 30 states that use lethal injection for executions, a number have already switched to pentobarbital after supplies of sodium thiopental went away. Oklahoma, Texas and Georgia have executed prisoners this year using pentobarbital as part of lethal injections.

Those three drugs — to anesthetize, paralyze and kill — have been sanctioned by the U.S. Supreme Court as constitutional. It’s used by so many states because to vary the procedure would invite further court review. The magical mix was developed essentially by chance by Oklahoma’s chief medical examiner in 1977, Jay Chapman, according to years of litigation about the procedures.

Though states, including Florida, argue the procedure is designed to provide a humane and pain-free death for the condemned. Death sentences are carried out with the antiseptic regimentation of a government bureaucracy that also makes for a less messy and disturbing experience for executioners and witnesses.

Lethal injection became the first option for Florida executions in 2000, following a series of electric-chair-caused fires and unseemly writhing by the condemned.

State-sponsored executions are going away. This is not a hope, it is an objective fact as fewer and fewer death sentences are carried out in the United States, itself an outlier in the community of nations. Not this year, not this decade even, probably, but it’s slipping toward its inevitable end. The more we take ourselves away from the reality of state-sponsored death with debates about the efficacy of anesthesia, the more self-evidently ludicrous the arguments become and unsupportable its practice.

This societal evolution is evident.

Did the power company ever object to the state using its electricity for unintended purposes?

Source: Paul Flemming is the state editor for the Tallahassee Democrat and floridacapitalnews.com.; The News-Press, July 29, 2011

3 Saudis beheaded for murder

3 Saudis were beheaded on Saturday in the western city of Taef after being convicted of killing fellow citizens in 2 separate incidents, state news agency SPA reported.

Mahfoudh bin Ali al-Kenani was beheaded by the sword for stabbing to death Ali Saeed al-Khazmari because of a feud between them, SPA said.

Meanwhile, 2 brothers, Mohammed and Saud al-Jaeed were also executed for shooting dead fellow citizen Hilal bin Sayel al-Harthi, SPA said in another statement.

Saturday's executions bring to 37 the number of people beheaded in Saudi Arabia this year, according to an AFP tally based on official and human rights group reports.

On June 10, London-based watchdog Amnesty International called on Saudi Arabia to stop applying the death penalty, saying there had been a significant rise in the number of executions in the previous 6 weeks.

It said 15 people were executed in May alone.

In 2009, the number of executions reached 67, compared to 102 in 2008.

Rape, murder, apostasy, homosexuality, armed robbery and drug trafficking are all punishable by death under Saudi Arabia's strict interpretation of Islamic sharia law.

Source: Yahoo News, July 30, 2011

UK: "We’ll force MP vote on noose"

MPs could vote on whether to bring back the death penalty, it emerged yesterday.

Campaigners plan to use an online petition scheme launched by the Government to press their case.

They want capital punishment - banned in Britain in 1965 - to be restored for those who kill kids or police officers.

And any petition which receives more than 100,000 names must be considered for debate in Westminster.

The bid to bring back hanging is being spearheaded by Right-wing blogger Guido Fawkes and its supporters hope to launch it next week.

Fawkes wrote on his website: "Even if we don't win the vote on the floor of the House, we shall see which MPs put the welfare of child killers above the wider community. Let them be counted." MPs last night said they would welcome a debate on the controversial issue.

Tory MP Philip Davies said: "It's something where once again the public are a long way ahead of the politicians.

"I'd go further and restore it for all murderers."

His fellow Conservative MP Priti Patel, who also backs the death penalty, added: "It's about time the public had a greater say on the issues that we debate. I'm not surprised that this issue has been raised.

"We need strong deterrents to make people think twice about the crimes they commit." Labour introduced online petitions on the No10 website.

They were often used to embarrass the Government - with one petition calling for Gordon Brown to quit as PM receiving widespread support.

House of Commons leader George Young said the new e-petition system was "a step towards a more accessible and transparent" Parliament.

He said: "The public has many opportunities to make their voices heard. This system could give them a megaphone."

The last two executions in the UK were carried out at two different prisons at the same time on August 13, 1964.

Gwynne Owen Evans and Peter Allen were hanged at Liverpool's Walton jail and Strangeways in Manchester for the murder of Jack West.

Source: The Sun, July 29, 2011

Shifting values give Bali Nine duo hope: lawyer

Myuran Sukumaran (left)
Andrew Chan (right)
A lawyer for two of the Bali Nine Australians facing the death penalty says a shift in attitudes in Indonesia may offer a glimmer of hope for the men.

Myuran Sukumaran and Andrew Chan have exhausted all their legal avenues and have about 12 months to plead for presidential clemency.

If Indonesia's president Susilo Bambang Yudhoyono does not grant clemency, the pair will face the firing squad.

Lawyer Julian McMahon says the death penalty debate has remained dormant in Indonesia for many years, but now it is on the national agenda.

He says it could be an opportunity for Indonesia to emerge as a leader in the region and get rid of the law.

"Indonesia is a country where there's been tremendous reform since 1998," he said.

"It's a country where there's vital debate, the press is free and vigorous, there's room for people to argue the point on any important issue.

"In that environment there's a great deal of hope, because the time has passed for the death penalty law."

Chan and Sukumaran are in jail in Bali for their roles in a plan to smuggle more than eight kilograms of heroin from Bali to Australia in 2005.

Melbourne University Asian Law Centre director, Tim Lindsey, says there is a growing trend towards human rights for offenders in Indonesia - except for drug smugglers.

He says this makes the Bali nine case more difficult, but not impossible.

He says the new debate in Indonesia should initiate ASEAN countries to commit to a regional agreement not to execute people from abolitionist countries.

"We need to find some sort of regional protocol, I don't think it will be easy to do," he said.

"Hopefully countries that execute will see their citizens facing the death penalty in protocol countries, while citizens of abolitionist countries will escape it and hopefully that will put pressure on death penalty countries to do something about that."

Source: ABC News, July 30, 2011

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May 20, 2011
"It's like bad luck to say anything," Myuran Sukumaran said yesterday, adding he was hopeful of a good outcome and happy Rush had been spared. But as for planning big events, like a wedding, he said: "It is very ...
Jul 19, 2011
Andrew Chan and Myuran Sukumaran are due to face the firing squad unless Indonesian President Susilo Bambang Yudhoyono agrees that their death sentences for leading a heroin smuggling plot in 2005 should be set aside. ...
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Texas ruling ends inquiry in death penalty case

The Texas attorney general severely limited the state's Forensic Science Commission's ability to investigate past cases Friday, including an arson case that critics say might have ended in the execution of an innocent man.

Attorney General Greg Abbott's ruling, which has the same effect as a supreme court ruling in other states, effectively ends the commission's inquiry into the evidence that convicted Cameron Todd Willingham, who was executed for the arson death of his three children. Arson experts hired by the commission determined the evidence used to gain Willingham's conviction does not meet scientific standards and that the fire was most likely accidental.

While the commission cannot overturn a conviction, it can determine whether evidence was collected and analyzed properly, supplying grounds for an appeal if there was misconduct.

Anti-death penalty advocates have argued that Willingham could not have been convicted using present-day forensic standards, and Texas likely executed an innocent man. Republican Gov. Rick Perry, who is now considering a run for president, was governor when Willingham was executed in 2004. Willingham's attorneys sent letters to the governor's office arguing the evidence from the 1991 fire needed to be reviewed using the latest scientific methods, but Perry failed to intervene.

Last year, when the commission was set to rule on the validity of the evidence in Willingham's case, Perry appointed a new commission chairman, John Bradley, who stopped consideration of the case and asked for an attorney general's ruling on the limits of the commission's authority.

The Texas Senate failed to confirm Bradley's appointment after he told the media that Willingham was "a guilty monster." Last month, Perry appointed Dr. Nizam Peerwani, a Tarrant County medical examiner, to chair the 8-member panel made up of prosecutors, defense attorneys and forensic scientists.

Lawmakers created the commission to ensure scientifically sound forensic methods are used in Texas after several high-profile cases were thrown out due to unsound practices. The Willingham trial was one of the first 2 cases the commission investigated. But in his opinion released Friday, Abbott said the commission can investigate old cases, but not old evidence.

"Although the Forensic Science Commission may conduct investigations of incidents that occurred before September 1, 2005, the law that created the Commission prohibits (it) from considering evidence that was tested or offered into evidence prior to that date," Abbott wrote.

Abbott also limited the laboratories the commission could investigate to those accredited by the Department of Public Safety.

The ruling is a major setback for groups such as the Innocence Project, which brought the original complaint about the Willingham conviction to the commission. Such groups had hoped the commission could reopen old cases where convictions were obtained using what is now considered unreliable forensic techniques.

"While I believe the Attorney General took a very narrow view in responding to the questions asked, I was happy to see him recognize that the Forensic Science Commission has the authority to investigate allegations of professional negligence or misconduct from incidents occurring prior to September 1, 2005," Sen. Rodney Ellis, D-Houston, who also serves as chairman of the Innocence Project's Board, said in a written statement.

Ellis, who is a strong proponent of the commission, said the ruling still gives the commission authority to investigate if the state fire marshal acted negligently in the Willingham case.

"Nothing in this Attorney General's opinion prevents the Texas Forensic Science Commission from completing its report and ruling that the Fire Marshal was negligent when it failed in its 'duty to correct' the flawed arson science that was used in numerous arson cases," Ellis said. "They had that 'duty to correct' prior to 2005, when the Forensic Science Commission legislation took effect, and after 2005, and they have never done so."

Despite losing the authority to determine the validity of the evidence in the Willingham case, the commission has recommended establishing a code of ethics for investigators and establishing procedures for fatal home fires involving the state fire marshal's office. The commission acknowledged the Texas Legislature controls the money needed to implement a number of its recommendations.

Source: Associated Press, July 29, 2011

Indonesia's top court last hope for death-row inmate Frank Amado

Frank Amado
Frank Amado admits to storing and transporting crystal meth for a drug dealer in Indonesia. “I did wrong and I accept responsibility,” he says. “But the death penalty?”

Of the Dunedin High class of '82, it was Richard Kniehase who first learned about his old buddy Frank Amado. They had stayed in touch since high school, resorting to e-mailing every few months when Amado moved to Washington state in 2004 and then on to Thailand and Indonesia a few years later.

Most of Amado's e-mails were about how much he liked the laid-back lifestyle in Southeast Asia. He wrote about tuk-tuks and elephants on the roads. About selling real estate and teaching English and still having time for long lunches of spicy food and evenings out with new friends.

"What I love more than anything about living in Asia," he wrote, "is that whenever you leave your apartment there is always an adventure waiting for you."

When he married, he sent Kniehase photos of his wife. When they opened a cyber cafe in Bangkok, he sent more photos. And, when things went belly up, he wrote about losing the business, the failed real estate market and his divorce. When he visited Jakarta, Indonesia, he sent pictures of his new girlfriend and said he was looking for work. He was hopeful he could support himself, he said.

In October 2009, Kniehase noticed the e-mails changed dramatically, becoming brief questions, like: "Hey buddy. How's it going?"

When Kniehase wrote back asking Amado what he was up to, Amado threw the question back at him.

A year later, Amado sent a vague e-mail about being in trouble: "I'm in a heck of a position. Some day I'll tell you about it."

Sitting at his dining room table in Ocala with a Gators football game on TV, Kniehase Googled "Frank Amado" on his laptop.

"When I saw what came up, I nearly fell out of my chair," he said.

In front of him was a photo of his friend in handcuffs and this headline: "American Sentenced to Death."

His heart pounding, Kniehase scanned the story. In October 2009, it said, Amado was arrested getting into a cab in Jakarta with about a pound of crystal meth. In his apartment, police found 11 more pounds. Amado confessed to storing the drug in his South Jakarta apartment and also to taking some to a distributor.

According to the article, he was the only American ever on death row in Indonesia.

Kniehase was dumbfounded. Apparently his old pal had managed to get a computer in his prison cell and had been e-mailing him for a year without mentioning his arrest or conviction, much less his death sentence.

The next night, Kniehase e-mailed Amado: "I've read about you. How are you going to get out of this mess?"

Amado wrote back: "I don't know."

After his arrest, Frank Amado's mother, Ingrid Amado, 75, hired a cousin in North Carolina who was a lawyer. He found a defense attorney in Jakarta, and Amado's mother sent $37,500 — most of her savings — to pay the lawyers' fees. But before the trial, most of the money was gone and Frank fired the attorneys because he felt almost nothing had been done to help him defend himself.

The North Carolina lawyer wouldn't talk about what happened. But the Jakarta attorney said he was dismissed from the case before the trial. That lawyer, Frans Winarta, said "attorney client confidentiality" prevented him from giving details.

"The whole thing makes me sick," said Ingrid Amado, who is at her winter home in Ozona.

At the trial, the judge said he had no choice but to find Amado guilty and give him the death penalty.

"There was nothing that could lighten the defendant's sentence," said Judge Dehel Sandan.

Frank's sister, Monique Amado, 44, turned to Amnesty International for help, but came up empty-handed because the human rights organization, while opposed to the death penalty everywhere, wouldn't get involved.

"We are aware of Frank Amado's case, but we don't track jailed U.S. citizens unless it's a human rights abuse," said Suzanne Trimel, U.S. spokeswoman for Amnesty International.

The Indonesian human rights organization KontraS also looked at the 47-year-old's case, but a director said it couldn't take a death penalty case of anyone involved in the drug trade, no matter how low level.

"We can't help. The U.S. government needs to intervene on his behalf," said Papang Hidayat, KontraS research director.

But the U.S. government refuses. Aside from sending someone to visit him every 3 months to see if he is in reasonably good health and not being tortured, the U.S. State Department says it will have nothing to do with Amado's case.

"The facts are out there. He has admitted to the facts. According to local statutes the crime is punishable by death, and, unfortunately, we see nothing irregular in the case," said Paul Belmont, press attache for the U.S. Embassy in Jakarta.

The United States can't ask for preferential treatment for an American, said Belmont, who described Amado as "an American citizen with financial problems who was talked into doing this work for quick cash."

But, said the attache, he doesn't know if Amado will get due process because of the reputation the system has for corruption. From a 2010 U.S. State Department report: "Corruption in Indonesia is an on-going challenge to the rule of law."

"But the corruption is not on the surface and we don't take it on," said Belmont.

Amado's boss in the drug ring, who bought the drugs and told Amado to hold them and where to take them, got a 15-year sentence instead of the death penalty.

"A prosecutor told me $50,000 would get me a 15-year sentence, but I didn't have it," Amado said.

He didn't ask friends for help, he said, because he didn't want them to know where he was and why.

"I was too ashamed," he said.

When the drug dealer told him he would only get a few months in jail if he got caught, he signed on because he had completely run out of money and was desperate.

"I did wrong and I accept responsibility," he said. "But the death penalty?"

Paul Belmont: "It's not a pretty picture for Frank Amado."

In 1976, when Frank Amado (named after his grandfather and father) was 12, his father, a lieutenant colonel in the U.S. Air Force, retired. The family of 4 moved from Cape Cod to Dunedin, where they had vacationed. They loved the warmth, the beach, the sunsets. They got a sailboat and learned to scuba dive. In the summer, they visited Ingrid's family in Germany and his father's family in Portugal, and traveled around Europe.

"Frank and his family were worldly, open-minded and well-mannered," said Dunedin High classmate Dave Miedema. "I was close to Frank into his mid 20s when his father died, and I can tell you Frank was a very nice person."

While going to St. Petersburg College and the Tampa Technical Institute to become a graphic artist, Amado worked as a waiter and sold prepaid legal insurance.

"He was always very entrepreneurial," said Miedema.

Police records show that in 1985, at 21, Amado was arrested by Clearwater police for having a 12-inch marijuana plant in a pot on his back porch. A month later Tampa police arrested him for having a pistol in his car; the gun's serial number had been removed. He told police he bought the gun at a flea market on U.S. 19 after his car was broken into.

He got probation for both convictions.

"Youth and stupidity," he said.

In 1990, he moved to Orlando, where he had two businesses — one designing Web pages and another refinishing stoves and refrigerators. He also sold Amway products and worked as a bartender at the Disney Contemporary Resort.

"Even though Frank worked hard to make ends meet, he was always great fun to be around," said Donna Holloway, who worked with him at the Contemporary.

In 2004, after his sister moved to Oregon and Holloway moved to California, Amado moved to Washington to be near them. He struggled at first, living hand-to-mouth. But after a year, he landed Web design contracts with Microsoft and Boeing, rented a nicer apartment and bought a used Lexus. He vacationed in the Philippines and Thailand.

"I was so thankful to be finally making it," he said.

In Thailand, he fell in love and moved there in late 2006 to marry and start a cyber cafe.

"I thought for sure I'd be successful at making a great life for myself there, but, boy, was I wrong," he said in an e-mail to the St. Petersburg Times.

In early January, he lost his appeal. But he can still appeal to the Supreme Court of Indonesia for a change in sentence.

"He'll need a really good lawyer to change things at that stage," said Hidayat from KontraS.

If that doesn't happen, a guard will come to his cell and tell him he has 72 hours left to live.

Witnesses to Indonesian executions have described what's next.

Before daylight, he will be driven to a deserted stretch of beach wearing white pants and a white collarless shirt with a red cross over his heart. A black hood will be placed over his head.

As the sun comes up, his hands and feet will be tied to a wooden pole and about a dozen police officers will aim at his heart. Half of them will have blanks in their guns, the other half bullets.

His mother and sister will be notified to claim the body.

Source: St. Petersburg Times, July 29, 2011

Related article:
Jan 17, 2011
On October 19, 2009 U.S. Citizen, Frank Amado, was arrested outside of his apartment in Jakarta, Indonesia by BNN (the Indonesian drug enforcement agency) for being in possession of 5.668 grams of Shabu (also known as ...

Friday, July 29, 2011

Ugandan Parliament to Fast Track “Kill the Gays Bill” Restart

It appears Uganda’s Kill the Gays Bill is about to be resurrected and put on a fast track in the Ugandan Parliament.

The bill, which calls for the death penalty for the “crime” of being gay or HIV-​positive, and prison sentences for friends, family, and acquaintances who believe someone is gay but does not immediately report them to authorities, may be voted on “by the end of August.”

According to human rights expert Warren Throckmorton:

"I spoke yesterday with Ugandan MP Hon. Otto Odonga who told me that the Parliament will bring back the Anti-Homosexuality Bill soon, perhaps “by the end of August.” Although the re-introduction of the antigay bill had been expected, Odonga said the bill is “back from the perspective of the new parliament starting from where the last parliament ended.”

Since the end of the Eighth Parliament, observers have speculated that the Ninth Parliament might not require re-introduction of bills deliberated upon but not passed. Two weeks ago, the Speaker of Parliament, Rebecca Kadaga, held a meeting with the chairpersons of all Parliament’s committees to orient them to their new positions. Also, in order to save time and expense, the group decided to bring forward at least three bills to the new session: the Government Assurances Bill, the Marriage and Divorce Bill and the Anti-Homosexuality Bill."

Last year nearly two million individuals signed online petitions and government worldwide, including the U.K., and United States condemned the “Kill the Gays Bill, in an international effort to stop its passage.

Source: lezgetreal.com, July 29, 2011

Canada marks 35 years since abolition of the death penalty

On July 14, 1976, the House of Commons voted to strike capital punishment from the Canadian Criminal Code. The road to abolition had been a long one. The first time an MP had introduced an anti-capital punishment bill was 1914, and several more such bills would be shot down over the following decades. After 120 years, and 710 executions, Canada’s capital punishment laws were pretty well-ingrained into judicial society.

It wasn’t until 1956 that Parliament even considered removing the death penalty as a punishment for youth offenders. But by the end of that decade, politicians and the public alike had begun to question the humanity of capital punishment and its effectiveness as a deterrent. Anti-death penalty protesters had started picketing executions, serving as foils to the rabid crowds who had once gleefully swarmed public hangings.

As resistance to capital punishment grew, the death penalty was removed from several crimes, including rape and some murder charges. By 1963, it had become de facto policy for the federal government to commute death sentences and, in 1967, a moratorium was placed on capital punishment for all crimes except the murder of on-duty police officers and prison guards. Nine years later, total abolition was made official. The vote on the hotly contested bill, which had prompted Prime Minister Pierre Trudeau himself to take the floor and make a plea for abolition, transcended partisan lines, and split Canada’s MPs 131 to 124.


Source: ThisMagazine, July 29, 2011

Mubarak trial to open next week, Egypt says

Hosni Mubarak
Cairo (CNN) -- Ousted Egyptian leader Hosni Mubarak's trial on charges of corruption and ordering police to kill anti-government protesters will open Wednesday at a Cairo convention hall, Egypt's justice minister announced Thursday.

The 83-year-old former president and his interior minister, Habib El Adly, face possible death sentences if convicted of unleashing police on the demonstrations that drove them from office in February. Six of El Adly's assistants face trial on the same charges, Justice Minister Mohamed Abdel Aziz Al Guindy announced Thursday.

Mubarak has denied the charges.

The human rights group Amnesty International has estimated that at least 840 people were killed and more than 6,000 wounded during the three-week uprising that toppled Mubarak. A police officer accused of indiscriminately shooting protesters has already been sentenced to death in absentia.

In addition, Mubarak, his sons Gamal and Alaa, and a business associate face trial on corruption charges. The trial will be open to the public under heavy security and carried on Egyptian state television, Al Guindy said.

All 11 defendants will appear in court in a cage that is being installed in the hall, he said. Metal detectors will screen those attending, and the minister said Egyptian troops and police will patrol the area surrounding the convention center, located in the eastern district of Madinet Nasr.

The trial is set to open on the third day of the Islamic holy month of Ramadan.

Mubarak ruled Egypt with an iron fist for nearly 30 years before the revolt that toppled him February 11, leaving the nation under the control of a military council. He has been hospitalized since suffering heart palpitations in April, but Health Minister Amr Helmy declared Thursday that the ailing former strongman is "fit to stand trial, given a proper transportation arrangement."

Prosecutors have said Mubarak suffers from depression, fatigue, repeated irregular heartbeats, low blood pressure that could lead to fainting and an increased risk of heart attack. His lawyer disclosed in June that the ex-president had been struggling with complications from a previously concealed 2010 surgery for stomach cancer.

On July 18, hospital officials reported that Mubarak had fallen into a brief coma. And Tuesday, hospital officials told the state-run news service EgyptNews that he was depressed and refusing to eat as he awaits trial.

Source: CNN.com, July 28, 2011

Japanese Justice Minister May Halt Executions

Execution chamber
at Tokyo's Detention Center
July 29, 2011: Japanese Justice Minister Satsuki Eda indicated his intention not to authorize the execution of death row inmates for the time being in an exclusive interview with The Yomiuri Shimbun, one year after the last death sentences were carried out on July 28, 2010.

Considering the Justice Ministry has been discussing the future of the death penalty system, "It's very unlikely [that I will] enforce it," Eda said.

According to the ministry, 107 inmates remained on death row following the last execution. Since then, the number of death row inmates has risen to 120.

The ministry launched an internal study group in August to discuss the death penalty, including the possibility of abolishing it. The group is still reviewing points of the argument.

"Human beings are rational creatures. I think it's wrongheaded to claim that taking the life of a person is the expression of a rational nature," Eda told The Yomiuri Shimbun.

"I'm considering how to exercise the authority given to the Justice Minister, keeping in mind the global trend [to eliminate the death penalty]," Eda added.

The Criminal Procedure Code stipulates that execution of inmates on death row should take place within six months of a death sentence. However, executions are not conducted as long as the Justice Minister has not signed the order of execution.

The death sentences of two men were enforced on July 28, 2010, based on orders by then Justice Minister Keiko Chiba. They were the last cases of the death penalty being imposed to date.

Source: Yomiuri.co.jp, Hands Off Cain, July 29, 2011

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Delaware executes Robert Jackson III

Robert Jackson III
SMYRNA, Del. (AP) — Delaware carried out its first execution since 2005 early Friday, putting to death a man who was convicted of killing a woman with an ax during a burglary nearly two decades ago.

Robert Jackson III was pronounced dead at 12:12 a.m. after being given a lethal injection at the James T. Vaughn Correctional Center in Smyrna.

Jackson, 38, lifted his head when asked for his last words shortly after midnight. Searching the window between the execution chamber and witnesses, he asked if the two children of the victim, Elizabeth Girardi, were watching.

"Are the Girardis in there? Christopher and Claudia, if you are in there, I've never faulted you for your anger. I would have been mad myself," he said, going on to deny he killed their mother.

He suggested that his accomplice in the burglary, Anthony Lachette, was the killer.

"Tony's laughing his ass off right now because you're about to watch an innocent man die. This isn't justice," he said before putting his head back down and closing his eyes.

When the execution began, Jackson started making a snoring sound, his lips sputtered and his breath began to quicken. Prison officials closed the curtain between the execution chamber and witnesses after about four minutes to check whether he was conscious, calling out twice, "Inmate Jackson, can you hear me?" There was no response.

When the curtain reopened a minute later, Jackson made no more movements or sounds. From start to finish, the execution took about 10 minutes.

A small group gathered outside the prison to protest, though one woman came to express her support for the execution.

One of the protesters, 68-year-old Sally Milbury-Steen, said she did not believe the death penalty is a deterrent.

"As a citizen, I'm so chagrined that my tax dollars are being used," Milbury-Steen said.

The lone supporter, Rose Wilson, said Jackson was getting what he deserved and that his death would be painless, unlike his victim's.

"When he hacked that woman he didn't say, 'I'm going to put you to sleep before I kill you,'" Wilson, 52, of Townsend, Del., said.

Jackson's execution was the first time Delaware included pentobarbital as one of three drugs used to carry out an execution. Delaware switched to the drug after a nationwide shortage of sodium thiopental, the previous drug the state used to sedate an inmate before administering two other lethal drugs.

Eight other states have already used pentobarbital to carry out executions, according to the Washington-based Death Penalty Information Center.

Jackson's execution followed a series of legal challenges that stretched into the hours before he was executed. His lawyers had argued that Jackson should be allowed to challenge the state's switch to pentobarbital as an execution drug, saying it posed a risk of pain and suffering. But the U.S. Supreme Court and Delaware Gov. Jack Markell ultimately denied requests to stay the execution.

Jackson was sentenced to death for the 1992 killing of the 47-year-old Girardi, a resident of Hockessin.

"In a perfect world, none of this would have happened," said Girardi's daughter, Claudia Desaulniers, who was 15 at the time of the killing.

Desaulniers said she thinks about her mother every day, calling her a "loving person." She said even now she is startled at unexpected noises in her home, like a floor creaking, worried she might be the victim of a crime.

According to testimony presented at trial, Girardi was killed after she returned home on April 3, 1992, and found Jackson, then 18, and an accomplice leaving her home with stolen jewelry and other items. While Jackson's accomplice ran, Jackson used an ax he found in a woodshed to strike Girardi repeatedly in the head.

Lachette, Jackson's accomplice, testified against him at trial, where it was revealed that the pair planned the burglary to get money to buy marijuana. Lachette pleaded guilty to burglary and conspiracy and was released from prison in 1996.

Two different juries recommended the death penalty for Jackson, the first after deliberating less than two hours. Jackson told a second jury in 1995 that he was a changed person and apologized to Girardi's family.

"I can't explain what happened," he said, according to one news account at the time. "I don't know what happened — a mistake."

The jury voted for the death penalty 11-1.

Jackson is the 15th person Delaware has put to death since 1992 when the state again began executions after a decades-long hiatus. The last inmate to be executed by the state was Brian Steckel, who was executed in 2005 for raping and strangling a neighbor, Sandra Lee Long, who burned to death in a fire Steckel set. While awaiting trial in Long's 1994 murder, Steckel sent taunting and threatening letters to people involved in the case, including Long's mother.

A total of 19 other inmates, all men, are currently on death row in the state.

Source: AP, July 29, 2011


Delaware has first execution since 2005

SMYRNA, Del. - Ax murderer Robert Jackson III was executed early Friday after appeals to the U.S. Supreme Court and Delaware's governor were rejected.

Jackson was put to death by lethal injection. His execution was Delaware's first since 2005.

Jackson, then 18, was convicted of killing Hockessin resident Elizabeth Girardi in 1992 during a botched home burglary.

Girardi's children, Christopher Girardi and Claudia Desaulniers, intended to be present for the execution, Desaulniers said Thursday.

Late Thursday night, the U.S. Supreme Court refused to stay Jackson's execution. The U.S. Court of Appeals for the Third Circuit had rejected a similar request from Jackson's lawyers earlier in the evening.

Minutes before midnight, Gov. Jack Markell denied Jackson's request for a reprieve.

Jackson was the first inmate executed in Delaware using pentobarbital, which a number of states have switched to after a shortage of another execution drug.

Delaware has put to death 15 inmates since 1992, the year executions resumed after a decades-long hiatus. State law requires executions to be done in the early morning to avoid disrupting operations at the James T. Vaughn Correctional Center north of Smyrna, the site of the state's death row.

Source: AP, July 29, 2011