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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…

Indonesia: Trail of legal violations up to execution of 4 inmates

Indonesian police officers
The 3rd batch of executions during President Joko "Jokowi" Widodo's administration early on Friday saw 4 of the scheduled 14 inmates executed before firing squads and this latest round of killings has sparked criticism of the government over its negligence in conforming to the law in conducting the controversial form of punishment.

The Attorney General's Office (AGO) executed 4 death-row convicts, all of whom were drug traffickers - Indonesian Freddy Budiman and Nigerians Seck Osmane, Michael Titus and Humphrey Jefferson - leaving the remaining 10 alive pending their ongoing legal processes.

The execution of the 4, however, is considered by some to have been against the law as many procedures were omitted by the government.

Rina, a spiritual mentor from the Gita Eklesia foundation who accompanied Osmane before his execution, said there was no clear explanation from the AGO as to why only 4 convicts had been executed and why Osmane was 1 of them.

"We don't know why only 4 people were eventually killed. All spiritual mentors were asked to wait. Until 10 p.m., they finally said only [death-row convicts] numbers 6,7,9 and 11 [would be executed]," she told a press conference at the office of the Foundation of the Indonesian Legal Aid Institute (YLBHI) in Central Jakarta.

She added that the executions disregarded the convicts' basic rights since the 4 were sent to their place of execution while seeing that the others had suddenly been spared.

Muhammad Afif of the Community Legal Aid Institute, who accompanied Nigerian Humphrey Jefferson, said the government had violated the 1964 Law on Execution Procedures, which stipulates that death-row convicts have to be informed about the certainty of their execution 72 hours beforehand.

"Jefferson was given notification on July 26 at 3:40 p.m., while the execution was carried out on July 29 at 12:50 a.m., which is less than 60 hours," he said.

The government is also guilty of another violation in the fact that 3 of the 4 convicts - Freddy, Osmane and Jefferson - were in the process of appealing for clemency when they were executed.

Freddy filed an appeal a day before his execution, while Jefferson filed his on Monday and Osmane on Wednesday, Erasmus Napitupulu from the Institute for Criminal Justice Reform (ICJR) said.

Under the 2010 Clemency Law, death row convicts cannot be executed if they or their relatives appeal for clemency and the President has not yet rejected it.

Attorney General Muhammad Prasetyo argued it was too late for the convicts to apply for clemency.

Legal activist and lawyer Julius Ibrani of the YLBHI also questioned the excessive budget used to carry out the executions, saying that Rp 7 billion (US$532.000) had been used up even though all the executions had yet finished.

"The budget for the death penalty was given to 2 institutions, the attorney and the police. 2 budgets allocated for 1 activity can cause misuse of state budget," he said.

Another criticism comes from human rights activist Haris Azhar, who highlighted his conversation with Freddy. Freddy said he had shelled out around Rp 450 billion to the National Narcotics Agency (BNN) and another Rp 90 billion to officials at the National Police to buy protection for his drug business.

Haris said Freddy had pointed to the involvement of 2-star generals from the Indonesian Military (TNI). According to Freddy, the generals had accommodated Freddy's business by providing facilities for he and his associates to use while serving his sentence on the secluded prison island of Nusakambangan.

Source: Jakarta Post, August 1, 2016

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

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