Skip to main content

URGENT APPEAL for Lebanese man with history of mental illness due to be executed in Ohio on 6 June

A Lebanese national with a history of mental illness is due to be executed in the US state of Ohio on 6 June for a double murder committed in 1992. The parole board has recommended to the governor that he deny clemency; he is not bound by their decision.

Abdul Hamin Awkal, who arrived in the USA at the age of 24 in 1984 from Lebanon, was sentenced to death for the murder in 1992 of his wife Latife Awkal, who was seeking a divorce from him, and her brother Mahmoud Abdul-Aziz. The two were shot dead in the Family Conciliation Services Department of a Domestic Relations Court in Cleveland, Ohio, on 7 January 1992. Abdul Awkal was arrested in the courthouse after the shooting. In pre-trial custody Abdul Awkal was prescribed anti-psychotic and anti-depressant medications. The trial judge found that the severity of his depression rendered him incapable of assisting in his defense and that he was therefore not competent to stand trial. Abdul Awkal was held in a psychiatric facility where his anti-psychotic medication was increased, and he was then found competent to stand trial. During the trial in late 1992, his lawyers told the judge that his mental health had deteriorated, but the judge rejected their suggestion to hold a new competency hearing. Abdul Awkal was sentenced to death. One of the jurors has since signed a statement that he would have voted for life imprisonment without the possibility of parole if that had been an option at the time of the trial.

At a hearing before the Ohio Parole Board on 10 May 2012, Abdul Awkal's lawyers presented evidence of his traumatic experiences in the civil war in Lebanon which began in 1975 when he was 16, and his history of mental illness including severe depressive and delusional disorders. Psychiatrist Dr Phillip Resnick said that in 2005, 2007 and 2012 he had diagnosed Abdul Awkal as suffering from schizoaffective disorder, a serious mental condition combining psychosis and mood disorder, and detailed his "grandiose and persecutorial delusions." In a letter to Governor John Kasich, one of his lawyers has written: "Abdul Awkal lives in a delusional world" in which he believes he has "directed wars in Iraq and Afghanistan", "advises high-ranking government officials by mail", receiving coded messages in reply, and that "the CIA wants him dead" because he is "not helping them anymore".

The parole board acknowledged that "Awkal suffers from Schizoaffective Disorder, Depressive Type", but voted 8-1 that the aggravating factors in the case outweighed the mitigating circumstances. The member voting for clemency found that Abdul Awkal's mental state during the trial "was tenuous at best", that his illness might have affected his decision to reject the prosecutor's offer of a life prison term in return for a guilty plea, and that his crime had arisen "out of anger exacerbated by his mental illness – delusions of persecution – and his childhood exposure '…where guns and death were an everyday occurrence'." She also raised the poor quality of his legal representation at trial.

Please write immediately, in English or your own language:
-Explaining that you are not seeking to excuse these murders or to downplay the suffering caused;
-Noting that abdul awkal has repeatedly been diagnosed with serious mental illness;
-Noting the poor legal representation abdul awkal received at trial;
-Opposing the execution of abdul awkal and calling on the governor to grant him clemency.

PLEASE SEND APPEALS BEFORE 6 JUNE 2012 TO:
Governor of Ohio
John Kasich
Riffe Center, 30th Floor, 77 South High Street
Columbus, OH 43215-6117
Fax: 1 614 466 9354
(governor's Deputy Legal Counsel, adviser on clemency, please ask for your email to be forwarded)
Salutation: Dear Governor

Please check with the AIUSA Urgent Action Office if sending appeals after the above date.

ADDITIONAL INFORMATION
In 2009, a three-judge panel of the US Court of Appeals for the Sixth Circuit decided that Abdul Awkal should receive a new trial on the grounds of ineffective assistance of counsel at the original trial at which he had pleaded not guilty by reason of insanity. His lawyer had attempted to present three expert witnesses in support of this defense. The judge found that the first was not a licensed psychologist and therefore excluded his testimony. The second, a court-appointed forensic psychiatrist, testified that he believed Abdul Awkal had been sane at the time of the murders. The third had been practicing psychiatry for about a year, but was not yet certified. The Sixth Circuit panel found that "clearly, Abdul Awkal's counsel's selection of guilt-phase experts was far less than ideal" and that the decision to call the forensic psychiatrist to testify amounted to constitutionally deficient performance.

The state appealed for a rehearing by the full Sixth Circuit. In 2010, the full court reversed the panel decision. Four of the 14 judges dissented: "Any remotely competent attorney knows that an insanity defense relies mainly upon expert testimony regarding the defendant's mental state. But Abdul Awkal's counsel's presentation of expert psychological testimony at the guilt phase sounds like the opening of a bad joke: 'Three defense experts walk into court. One got his degree from a mail-in university, is not licensed, and cannot testify. One is well-credentialed but testifies against the defendant. And the third is not certified in psychiatry. Or perhaps the better analogy is an episode of [the farce act] The Three Stooges. But, however one wishes to describe it, it is clear what counsel's performance was not: the kind of representation constitutionally required in a capital case."

Ohio has become one of the USA's leading death penalty states, having carried out eight per cent of US executions in the past decade (45 out of 546 since January 2002). This has happened at a time when the country appears to be turning against the death penalty. In 2012, Connecticut became the fourth US state in five years to legislate to abolish capital punishment – after New Jersey (2007), New Mexico (2009) and Illinois (2010) – in addition to the demise of the death penalty in New York State. There has been a two-thirds reduction in annual death sentences in the USA since the mid-1990s, a halving in the annual judicial death toll since 1999, and the removal by the US Supreme Court of children (2005) and people with "mental retardation" (2002) from the reach of the executioner. In 2011, the Oregon governor imposed a moratorium on executions, and some 800,000 citizens in California – the state which accounts for one in five of the USA's death row inmates – have endorsed putting abolition to the popular vote. As a result the choice to repeal the death penalty will be on the ballot for California voters at the general election on 6 November 2012. If the initiative is passed, the state's death penalty will be replaced by life imprisonment without the possibility of parole, and a fund of US$100 million will be created for use by law enforcement agencies in investigating murders and rape. This is a very different national picture from when Ohio carried out its first execution in 1999.

In January 2011, Senior Ohio Supreme Court Justice Paul Pfeifer, who when he was a state legislator was a co-author of Ohio's capital statute enacted in 1981, wrote: "I helped craft the law, and I have helped enforce it. From my rather unique perspective, I have come to the conclusion that we are not well served by our ongoing attachment to capital punishment… I ask: do we want our state government – and thus, by extension, all of us – to be in the business of taking lives in what amounts to a death lottery? I can't imagine that's something about which most of us feel comfortable. And, thus, I believe the time has come to abolish the death penalty in Ohio."

Amnesty International opposes the death penalty in all cases, unconditionally. There have been 1,295 executions in the USA since judicial killing resumed there in 1977, including 47 in Ohio. There have been 18 executions so far in 2012, one in Ohio.

Name: Abdul Hamin Awkal (m)
Issue: Death penalty, Health concern
---------------------------------
** POSTAGE RATES **

Within the United States:
$0.32 - Postcards
$0.45 - Letters and Cards (up to 1 oz.)
To Canada:
$0.85 - Postcards
$0.85 - Airmail Letters and Cards (up to 1 oz.)
To Mexico:
$0.85 - Postcards
$0.85 - Airmail Letters and Cards (up to 1 oz.)
To all other destination countries:
$1.05 - Postcards
$1.05 - Airmail Letters and Cards (up to 1 oz.)

Amnesty International is a worldwide grassroots movement that promotes and defends human rights.

This Urgent Action may be reposted if kept intact, including contact information and stop action date (if applicable). Thank you for your help with this appeal.

Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Phone: 202.509.8193
Fax: 202.675.8566
----------------------------------
END OF URGENT ACTION APPEAL

Most viewed (Last 7 days)

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.