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No Second Chances: What to Do After a Botched Execution

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Ohio tried and failed to execute Alva Campbell. The state shouldn't get a second chance.
The pathos and problems of America's death penalty were vividly on display yesterday when Ohio tried and failed to execute Alva Campbell. Immediately after its failure Gov. John Kasich set June 5, 2019, as a new execution date.
This plan for a second execution reveals a glaring inadequacy in the legal standards governing botched executions in the United States.
Campbell was tried and sentenced to die for murdering 18-year-old Charles Dials during a carjacking in 1997. After Campbell exhausted his legal appeals, he was denied clemency by the state parole board and the governor.
By the time the state got around to executing Campbell, he was far from the dangerous criminal of 20 years ago. As is the case with many of America's death-row inmates, the passage of time had inflicted its own punishments.
The inmate Ohio strapped onto the gurney was a 69-year-old man afflicted with serious ailm…

Singapore: Commute Death Sentence in Yong Vui Kong Drug Case

Yong Vui Kong
(New York) - President Dr. Tony Tan Keng Yam of Singapore should commute the death sentence in the heroin possession case of Yong Vui Kong, Human Rights Watch said today in a letter to President Tan Keng Yam. Should he deny what could be a final request for clemency, Yong Vui Kong, a 20-year-old Malaysian national, could be executed within weeks

In November 2008, a Singapore court found Yong guilty under the Misuse of Drugs Act for possession of 42.27 grams of heroin. Under Singaporean law, possession of 15 grams or more of heroin carries a mandatory death sentence.

"Executing another young man for a narcotics offense will only reinforce the image of Singapore's authorities as oblivious to basic rights and due process," said Phil Robertson, deputy Asia director at Human Rights Watch. "Singapore's mandatory death sentences clearly violate international human rights standards."

While Human Rights Watch opposes the death penalty in all circumstances because of its inherent cruelty, Yong's case raises additional human rights, humanitarian, and due process concerns, Human Rights Watch said. Singapore's use of the death penalty is inconsistent with international human rights law, statements of UN human rights experts, and UN bodies.

Human rights law upholds every human being's "inherent right to life" and limits the death penalty to "the most serious crimes," typically crimes resulting in death. The mandatory nature of Singapore's drug penalty has been criticized as violating international standards by eliminating the discretion of the court, making it impossible to take into account mitigating or extenuating circumstances and eliminating any individual determination of an appropriate sentence in a particular case.

The law minister, K. Shanmugam, contends that exceptions to the use of the death penalty based on personal circumstances would encourage more people to take up the drug trade, thus undermining Singapore's anti-drug efforts. Even if these assertions were true - and Singapore declines to routinely make drug-related statistics public - it would not justify imposition of a penalty that so flagrantly violates fundamental rights over less severe penalties that would still act as a deterrent, Human Rights Watch said. There has been little national or international evidence to support the Singapore government's assertion.

Singapore should join with the many countries already committed to the UN General Assembly's December 18, 2007 resolution calling for a moratorium on executions and a move by member states toward abolition of the death penalty, Human Rights Watch said. In a March 2010 report, the UN Office on Drugs and Crimes called for an end to the death penalty and specifically urged member countries to prohibit use of the death penalty for drug-related offenses while urging countries to take an overall "human rights-based approach to drug and crime control."

"Singapore should recognize that its reputation as a modern and highly developed country depends on its aligning with the growing global consensus against the death penalty," Robertson said.

Sources: Reuters, Human Rights Watch, April 30, 2012

Related articles:
Apr 08, 2012
Yong Vui Kong has exhausted all his appeals. His last hope rests on presidential clemency. Please click on the photo to sign a petition urging Singapore's President to commute Yong's death sentence to a prison sentence.
Apr 04, 2012
Yong Vui Kong was 19 when he was sentenced to hang in 2008 for smuggling 47 grams (1.65 ounces) of heroin into Singapore. Only an act of clemency from President Tony Tan can save him now after his third appeal was ...
Apr 07, 2012
Yong Vui Kong's third appeal application against his death sentence was rejected on 4 April. Only an act of clemency from the President of Singapore can stop his execution from going ahead. Yong Vui Kong has already...
Jan 19, 2012
Yong Vui Kong, a young Malaysian man on death row in Singapore, was fortunately not executed as expected in 2011. On 15 January, friends and activists risked arrest by publicly gathering to mark his upcoming birthday.
http://deathpenaltynews.blogspot.com/

Jul 11, 2011
Malaysiakini is publishing Yong's final letters to Yetian, a member of the Save Vui Kong Campaign, as he faces death. "Before I begin, I would like to ... Time passes so quickly that this will be my last letter. I hope that when you ...

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