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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…

Documentary raises new questions about Koh Tao murder, Myanmar migrants

Koh Tao Island has long been an ideal destination for backpackers, avid divers and more increasingly Myanmar migrant workers. Located some 400km away from Bangkok, the small island has earned a reputation of being the best spot for viewing sea turtles, whale sharks and other wildlife.

But in the past decade the island has become synonymous with a series of crimes, particularly the brutal murders of British backpackers, Hannah Witheridge and David Miller who were found dead on Sairee beach in September 2014.

2 Myanmar migrant workers, Win Zaw Tun and Zaw Lin were arrested and given the death penalty for the murders shortly after the bodies were found. However, Myanmar authorities and human rights leaders called for an appeal against the case, as the 2 men have insisted their innocence.

Following a spate of protests over human rights abuses within Thai prisons and from the Thai police, a committee of Myanmar lawyers, migrant workers and human rights CSOs came together to conduct an independent investigation.

Such is the backdrop for the newest documentary following the case. Echo from Koh Tao Island was screened for the 1st time in Yangon's Orchid Hotel on May 12, following a press conference.

Lawyers and migrants rights groups sent an appeal against the case in December 2015 which was rejected just three months ago when Thai authorities confirmed the death sentence for the 2 men. On March 3 a group of Myanmar authorities tried to meet with the Thai Ambassador to try to appeal once more.

According to the Associated Press, the appeal deadline has been extended to May 23, 2017. Though Echo from Koh Tao Island comes 3 years after the crime, the film raises questions about tourism, migration and international law as the case has still yet to have an end.

The 30 minute documentary was created by the Special Investigative committee on the Koh Tao case to show to Myanmar parliament MPs.

U Htoo Chit, a member of the Special Investigative committee and CEO of an education and development foundation for Myanmar migrants said, "The main reason for creating this documentary was to lay down the facts and ask for fairness, peace and justice and to stop extremists who add fire to the crisis."

He continued, "Extremists make the crisis even greater," referencing a growing tension between Myanmar and Thailand as more and more Myanmar migrants cross the border in search of work.

Myanmar migrants Win Zaw Htun, right, and Zaw Lin
Myanmar migrants Win Zaw Htun, right, and Zaw Lin.
"The extremists are separately making a crisis out of the Koh Tao case. We have to ask peacefully to search for the truth. We do not want to create more tensions," he said.

Some migrant rights advocates have argued that there may have been discrepancies in the case's evidence and CCTV records as well as potential discrimination on the part of the Thai policemen and judge.

Moe Wai, a member of the Special Investigations committee and organiser for Myanmar migrants in Thailand believed the judges may have had implicit bias when deciding the sentencing.

"The judge may decide using his personal opinions but it is best to solve this with professional standards. We, ordinary people, cannot become involved nor have a sway in the system of law and order."

An MP in the documentary was quoted saying, "government, a jury and experts should jointly participate in this issue by pressing for checks and balances and asking for the truth."

Family members of Win Zaw Tun and Zaw Lin have pleaded in the film, "We want our sons back...we're their parents and we want the truth."

The committee has asked the local broadcasting department to screen Echo from Koh Tao Island free on the air but the broadcasting department has yet to reply. According to an authority from the committee, plans are underway to broadcast the film online.

Source: The Myanmar Times, May 17, 2017

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