Iran: Annual report on the death penalty 2017

IRAN HUMAN RIGHTS (MARCH 13, 2018): The 10th annual report on the death penalty in Iran by Iran Human Rights (IHR) and ECPM shows that in 2017 at least 517 people were executed in the Islamic Republic of Iran. 
This number is comparable with the execution figures in 2016 and confirms the relative reduction in the use of the death penalty compared to the period between 2010 and 2015. 
Nevertheless, with an average of more than one execution every day and more than one execution per one million inhabitants in 2017, Iran remained the country with the highest number of executions per capita.
2017 Annual Report at a Glance:
At least 517 people were executed in 2017, an average of more than one execution per day111 executions (21%) were announced by official sources.Approximately 79% of all executions included in the 2017 report, i.e. 406 executions, were not announced by the authorities.At least 240 people (46% of all executions) were executed for murder charges - 98 more than in 2016.At le…

Court stays Texas man’s execution because witness was hypnotized

Charles Flores
Charles Flores
Charles Flores, a Texas death row inmate who was scheduled to be executed next week June 2, was granted a stay of execution late Friday afternoon.

The Texas Court of Criminal Appeals stayed Flores’ execution date and sent his case back to the trial court for a hearing based on his claim that improper hypnosis was used on the main eyewitness in his murder trial.

As Fusion reported earlier this month, Flores was convicted for the 1998 murder of Elizabeth “Betty” Black in a Dallas suburb. A jury sentenced him to death the following year even though prosecutors presented no physical evidence linking him to the crime, and the only witness who saw him at the scene, Jill Barganier, was hypnotized by police.

As part of Flores’ final appeal, which was filed last week, psychology professor Steven Lynn said in an affidavit that recent research shows the hypnosis could have made Barganier create false memories. “Clearly, the techniques that were used to refresh Ms. Bargainer’s memory would be eschewed today by anyone at all familiar with the extant research on hypnosis and memory,” Lynn wrote.

That hypnosis was the crux of the appeals court’s ruling. The court approved his application for a writ of habeas corpus by essentially finding reason to believe a reasonable juror may not have convicted him if they had heard evidence like Lynn’s testimony.

Now, the trial court in Flores’ case will hold a hearing specifically on the hypnosis issue and the eyewitness identification. If Flores’ lawyers can show by a preponderance of the evidence that a jury would acquit him today after hearing new scientific evidence, it would lead to a brand new trial for Flores, more than 17 years after he was convicted.

“We’re ecstatic for Charles right now,” said Gregory Gardner, one of Flores’ attorneys. “This hypnosis was always very troubling from the beginning… and we’re thrilled that now the Texas courts are going to take a closer look at it.”

The warden at the Polunksy Unit, the Texas death row prison where Flores is housed, is expected to notify him of the ruling later tonight.

While the appeals court focused on the hypnosis issue in its ruling, Flores also brought up other issues in his appeal—including the fact that his white co-defendant received a much shorter sentence than he did and is currently out of prison on parole.

Two of the nine judges on the appeals court, which is the highest court in Texas that hears criminal cases, dissented from granting a stay. Only one of the judges who supported Flores’ application, David Jewell, wrote an opinion explaining his thinking.

“Eyewitness misidentification is the leading cause of wrongful convictions across the country,” Jewell wrote. “We may ultimately grant relief. We may ultimately deny relief. But either way, given the subject matter, by granting a stay this Court acknowledges that whatever we do, we owe a clear explanation for our decision to the citizens of Texas.”

Source: Fusion, Casey Tolan, May 28, 2016

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