[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Sat Mar 19 10:09:27 CDT 2016
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March 19
BARBADOS:
Mercy for victims' families too
It would be quite hard for any reasonable person to argue with any degree of
strength that there is not significant merit in the suggestion of Director of
Public Prosecutions (DPP) Charles Leacock QC on the way the Mercy Committee of
the local Privy Council exercises its power in relation to murder convicts.
Just days after the release of Peter Bradshaw, the notorious killer of Francia
Plantation owner Cyril Sisnett back in 1984; and Oliver Sinclair Archer, who
was found guilty of manslaughter in relation to the killing of Andrea Williams
in 2003 and sentenced to 25 years in prison, Leacock called for consultation
with the victims' families before perpetrators are released early.
In essence, what we took from the DPP's submission is that there is tremendous
value in balancing the success of the prison's rehabilitative programmes with
the perpetrators and the sense among the families of the victims that justice
has been served.
And in an environment where the imposition and execution of the death penalty
are destined to become less frequently considered by those who administer the
criminal justice system, it is very likely that the absence of consultation
when the Mercy Committee is doing its work will lead to more frequent
questioning of the process by the public.
We believe that as the society continues to evolve, acceptance back into the
community of individuals who were imprisoned for the ultimate crime will be
seen increasingly as a natural occurrence in our civilised environment. Indeed,
it would be nothing less than hypocritical to expend resources on
rehabilitating prisoners, have the experts certify their success, and then not
be willing to release them back into the society.
But if the justification for each individual release can't at least be shared
and discussed with the families of the victims, who themselves are victims, and
their own concerns and reservations taken into consideration, then the value of
early release will never be fully appreciated. We believe this is essential to
the successful reintegration of released prisoners.
We also hold the view that while the family may not be a disinterested party in
any such consideration or discussion, in many respects that family would
constitute the nearest embodiment of the public's sentiment on such matters.
And although there is no doubt that the individuals who make up the committee
are honourable and respected members of the Barbadian community, it would be
hard to equate them with the man in the street.
And it is that man in the street who would wish to be satisfied that all
interests have been properly served when, for example, Oliver Sinclair Archer,
who was given a life sentence in 1980 in Canada for killing Jennifer Wong, his
girlfriend, was released early in 1988 on good behaviour and deported to
Barbados 4 years later and then ended up being charged for 2 killings here, 1
of them resulting in his 25-year sentence.
As far as we are aware that Mercy Committee is under no legal obligation to
report to the public, but it certainly would make a positive difference to how
Barbadians feel about its work if its procedures included some kind of
interaction with the public, even if that "public" is restricted to the
families of the victims.
We support limitations on the use of the death penalty, which we believe is a
position being adopted by more Barbadians, but in the absence of carrying out
the death penalty there is the possibility of more and more murderers being
released back into the society eventually. It can't be unreasonable for those
who will have to live with these supposedly rehabilitated murderers to know
what factors guided the decision to release them early.
(source: Editorial, nationnews.com)
RUSSIA:
Putin says he needs someone to hang if Crimea bridge isn't built
President Vladimir Putin said he wants to identify an official who can be
hanged if a bridge linking Crimea to Russia isn't built, as he complained that
nobody wants to take charge of the project.
"There should be a specific person who can be hanged if it's not done," Putin
said during a visit to Crimea to view construction work on Friday, the second
anniversary of Russia's annexation of the peninsula from Ukraine. Officials
keep passing responsibility for the work to colleagues in different ministries,
he said.
Construction of the 19-kilometer (12 miles) bridge to end the peninsula's
isolation is a "historical mission" for Russia that must be completed by Dec.
18, 2018, Putin said. The span linking Crimea to Russia across the Kerch Strait
will boost economic growth, he said.
Putin annexed Crimea in March 2014 after the peninsula approved joining Russia
in a referendum branded illegal by the United States and the European Union,
which imposed sanctions. The vote took place after masked, armed men seized the
parliament and government buildings in the Crimean capital, Simferopol,
following the overthrow of Ukrainian President Viktor Yanukovych in February.
Putin at first denied sending troops to Crimea, then later admitted that
Russian servicemen had assisted local self-defense units.
It was unclear if Putin was speaking figuratively when he made his threat,
though a moratorium on the death penalty in Russia has been in force since
1996.
The Crimean peninsula is connected to Ukraine and has no land link to Russia.
It was conquered by Russian Empress Catherine the Great in the 18th century and
became part of Ukraine only in 1954 -- a gift of then-Soviet leader Nikita
Khrushchev.
Ukraine has vowed to reclaim Crimea. French President Francois Hollande and
German Chancellor Angela Merkel "reaffirmed that the EU does not recognize the
occupation of Crimea by Russia," at talks Thursday in Brussels with President
Petro Poroshenko, according to the Ukrainian presidential website.
Crimeans' decision to join Russia should be respected and the peninsula's
status can't "be the subject of any negotiations," Kremlin spokesman Dmitry
Peskov told reporters on a conference call Friday.
Russia's "illegal invasion" of Crimea won't be accepted "under any circumstance
and Moscow eventually has to end its occupation of Ukraine's sovereign
territory," U.S. Vice President Joe Biden said on a visit to the Ukrainian
capital, Kiev, in December.
(source: Chicago Tribune)
UNITED ARAB EMIRATES:
Trial of U.S. Citizens Detained in UAE Resumes
On Monday, March 21 the trial resumes in the UAE's prosecution of American
citizens Kamal and Momed Eldarat. Arrested in the UAE in August 2014, the
Eldarats were held in secret, tortured, and denied access to legal counsel.
Monday's hearing could determine whether or not the father and son will be
convicted of trumped-up terrorism charges.
On January 18, 2016, after nearly 18 months of detention, the Eldarats were
charged with supporting 2 alleged Libyan terrorist groups during the Arab
Spring. Neither groups are recognized by the U.N. as terrorist organizations.
The Eldarats deny any involvement with the Libyan groups, which splintered in
the wake of the country's civil war. The only "evidence" the prosecution has to
support its claims is the signed "confessions" of the Eldarats - obtained under
torture.
On the 1st day of the trial, which began on February 15th, the judge adjourned
the case for 2 weeks. When the trial resumed on February 29th, it was again
postponed after 30 minutes to conduct a forensic medical assessment of the
allegations of torture and to call additional witnesses. If the court finds
Kamal and Momed guilty, the father and son could face the death penalty with no
right to appeal.
During these fits and starts, international pressure for the UAE to free the
Eldarats is mounting. The prosecution of the Eldarats has been widely condemned
by human rights groups and the United Nation's Special Rapporteur on torture
issued a statement in February citing credible evidence that the Eldarats were
tortured and called for Kamal and Momed's unconditional release.
This international pressure, coupled with the expected testimony of Libyan
officials, including the country's former president, bolsters the Eldarats'
chances for release. Furthermore, on March 14, 2016, a UAE court found 2 other
Libyan nationals also charged with aiding armed groups innocent and the case
was dismissed. That outcome bodes well for the Eldarats and their family. Both
trials share common characteristics, including fabricated terrorism charges, a
prosecution based on coerced confessions, retroactive use of a law, and
prolonged, unlawful imprisonment.
There is no guarantee that the medical examination, carried out by a court
appointed physician, heeded international standards for the investigation of
torture. According to family member Amal Eldarat, Kamal and Momed's respective
examinations did not exceed 5 minutes. It is difficult to imagine how the
extent of the abuse can be assessed in such superficial examinations.
U.S. support for the Eldarats is essential for a just resolution of the case.
While U.S. embassy personnel attended the hearings in January and February and
plan to attend Monday's, the State Department has spoken of the Eldarats far
too infrequently during their lengthy detention. When asked if she thought the
U.S. government believes the UAE's allegations against her father and brother,
Amal Eldarat told the Huffington Post, "I don't think they think it's legit,
but they're silent."
Meanwhile, such silence has allowed UAE officials, like Ambassador to the U.S.
Yousef al Otaiba, to spin their own distorted version of events to the American
public. In response to a Washington Post story on the Eldarat's ordeal, al
Otaiba stated, "just as in the United States, the defendants received a
hearing, were represented by legal counsel and were allowed to contact their
families and U.S. diplomatic representatives."
It is neither in the interests of the UAE nor the United States to let the case
against the Eldarats drag on. The publicity surrounding the Eldarats is
increasing, bringing light to the wider problem of the UAE's brutal state
security apparatus and raising questions about Washington's alliance with Abu
Dhabi. As Obama prepares to meet with GCC leaders in Saudi Arabia next month,
there is a risk that the United States may prioritize its relations with a
repressive ally over the human rights of American citizens. The U.S. government
should do everything in its power to prove this is not the case.
(source: Human Rights First)
INDONESIA:
3rd Wave of Executions to Be Realized Soon: AGO
Attorney General Muhammad Prasetyo said that a number of drug convicts would
face the 3rd wave of executions soon. While the number of death row convicts
increased, Prasetyo claimed that the executions were hampered by weather
conditions.
"It's difficult [to conduct executions] during the rainy season. We'll see
about that. I've never said that the executions will be canceled. It's just a
matter of time," Prasetyo said on Friday, March 18, 2016, without revealing
names of convicts on death row.
Prasetyo also dismissed a rumor saying that the Attorney General Office (AGO)
had been pressured by foreign countries to postpone the executions.
"There's no such thing. This is our law enforcement. We will enforce our law in
our own country, and Indonesian law still applies death sentence," Prasetyo
explained.
Therefore, the AGO would stick to the execution schedule, although a human
rights organization Imparsial was in communication with Prasetyo asking the AGO
to postpone this year???s execution.
Earlier, the AGO announced its target to execute 14 convicts in 2016 during the
budget plan discussion with House of Representatives' Commission III. In 2015,
the AGO conducted 2 waves of executions: the 1st one on January 18, 2015 and
the second one in April 29, 2015.
(source: tempo.co)
ITALY:
The Catholic Movement Against Capital Punishment
On February 21st, as Mario Marazziti prepared Sunday lunch at his apartment in
Trastevere, he had the television on, turned to Rai Vaticano, the Italian state
channel devoted to coverage of the Catholic Church. It showed an image of Pope
Francis in the window of the papal apartments overlooking St. Peter's Square.
There - a 15-minute walk from Trastevere, via the old pilgrim road - Francis
was leading the faithful in a set of prayers known as the Angelus. The Pope
usually speaks briefly when the prayers are finished, and, on this Sunday,
Francis called for a global moratorium on the death penalty, as part of the
Year of Mercy he initiated last fall.
"The commandment 'Do not kill' holds absolute value and applies to both the
innocent and the guilty," Francis said. He called for politicians to work for
the abolition of the death penalty, and went on, "And I propose to all those
among them who are Catholic to make a courageous and exemplary gesture: may no
execution sentence be carried out in this Holy Year of Mercy."
Popes have denounced capital punishment for four decades, drawing on a much
longer history of religious revulsion toward the practice; but, by calling for
a moratorium, Francis turned opprobrium for the death penalty into a simple
step that governments and their executives can take.
Marazziti had hoped that Pope Francis would offer a statement of support for
the moratoria. He and his compatriots in the Community of Sant'Egidio, a
progressive Catholic movement based in Rome, were instrumental in bringing it
about. They had asked Francis to consider making such a statement in advance of
a conference against the death penalty they had planned for the coming week.
It's the sort of request that Marazziti has made of public figures many times.
He is a founder of the World Coalition against the Death Penalty, an alliance
of more than 150 N.G.O.s, unions, bar associations, and other groups, which
emerged out of a conference held at Sant'Egidio???s headquarters, in Rome, in
2002. Meanwhile, the Community of Sant'Egidio has made the Colosseum - where
Christians were thrown to the lions - a symbol of resistance to capital
punishment, arranging for it to be lit up especially brightly at night each
time a government renounces the practice. Marazziti and the movement he
represents have created a patchwork consensus against the death penalty, and,
in countries that still have the death penalty, such as the United States -
retentionist countries, the movement calls them - it is a consensus that
politicians are finding harder and harder to resist.
He sat down to lunch with his family: wife, mother-in-law, son,
daughter-in-law, grandson. They talked about what they had just seen and heard.
After the meal, he sent an e-mail to several thousand people with whom he has
made common cause over the years (myself among them). "I am very happy," he
said, and summarized Francis's message: "No Death Penalty, no executions,
during Mercy???s Year. And never again."
Marazziti, who is 63, with thick, straight hair, travels light, bringing one
change of clothes, a Moleskine knapsack full of late-model mobile devices, and
gifts from Italy, for friends, wherever he is going. He worked for 3 decades as
a television producer with RAI. After Silvio Berlusconi's ouster from electoral
politics, Marazziti and several dozen other non-politicians stood for election
in an attempt to infuse the government with fresh life from civil society. Now
he is a member of Italy's lower house of parliament, the Camera dei Deputati,
and the president of its social-affairs commission. The February conference -
called A World Without the Death Penalty - was held in the body's chambers.
His true workspace, though, is out in the world, where he has travelled
cheerfully and tirelessly since his late twenties, on efforts ranging from
conflict mediation to AIDS relief to simple friendship. Most of his work is
with the Community of Sant'Egidio, which emerged in Rome after the student
uprisings of 1968 and now counts sixty thousand members worldwide (albeit only
a few dozen of us in the United States). Its members fit humanitarian efforts
into the space around their day jobs, and do so without compensation. Marazziti
was long known as the Community of Sant'Egidio's "portavoce," or spokesman. As
an elected official he has dropped the job description, which never suited him.
What is he? "Humanitarian" is too starchy, "activist" too strident, "organizer"
too prosaic. He is a person who goes places and does good things, making the
impossible seem obvious. "Mario and Sant'Egidio walk the talk like none other,"
Lance Lindsey, the administrative director of the California Appellate Project
and a longtime activist against the death penalty in that state, told me.
"On the global scene, no one has worked harder with me to abolish the death
penalty than this man," Sister Helen Prejean, whose efforts were recounted in
the book and film "Dead Man Walking," said last year. In addition to helping
found the World Coalition, Marazziti has befriended men on death row, some
plainly guilty, others later exonerated; made "Dominique's Story,", a
documentary (narrated by John Turturro) about death row in Texas; and written a
book, in English, called "13 Ways of Looking at the Death Penalty." (I
contributed an afterword to the book.) And he has helped persuade several
governors to bring about the abolition of the death penalty in their states -
notably, Bill Richardson, in New Mexico, and Pat Quinn, in Illinois. "Mario and
Sant'Egidio are very good at mixing policy and politics - and a little
marketing," Richardson told me. "He made the trip to New Mexico. He promised a
ceremony at the Colosseum if I signed the bill, and he delivered on it. An
audience with the Pope [Benedict XVI]: well, that was just icing."
Sant'Egidio's members knew Jorge Mario Bergoglio when he was the Archbishop of
Buenos Aires, and since Bergoglio was elected Pope, in March, 2013, they've
maintained a bond of friendship and mutual trust. Andrea Riccardi and Marco
Impagliazzo - the movement's founder, and its current president - met with Pope
Francis before Sant'Egidio's annual Prayer for Peace, held in Tirana, Albania,
last September - 2 weeks before Francis's speech to a joint session of
Congress, where he spoke approvingly of the prospect of the global abolition of
the death penalty. "Albania is one of the last countries in Europe to have
abolished the death penalty, but we did not speak of this issue," Impagliazzo
told me. They also rescheduled a November, 2016, conference on the death
penalty for February, so as to tie it to the Year of Mercy, and asked Cardinal
Reinhard Marx, of Munich - 1 of Francis's "group of 8" cardinal-advisers - to
be a speaker. "We sent information about it through the Segreteria di Stato,
well knowing the attention of Pope Francis to this issue and his longing for a
world without the death penalty, asking for a message or whatever he may have
thought more useful," Impagliazzo told me. He decided not to send a message to
the conference but to send it worldwide, through the Angelus. He could not have
been clearer."
"There was no arrangement, no deal," Marazziti said. "But we were pretty
hopeful that it would happen. The Pope decides, and he decided to do it. I
think he wrote his own remarks." (The papal spokesman, Federico Lombardi, S.J.,
did not answer a request for comment.)
In a moratorium, a government's legislature or head of state makes a pledge
that the state will refrain from capital punishment for a period of time,
although the death penalty remains on the books as a legal option. At the turn
of the millennium, activists against the death penalty were divided between
those seeking moratoria and those who would not work for anything less than
full abolition. Marazziti favored the step-by-step approach. After the World
Coalition was founded, in 2002, he organized a call for a resolution against
the death penalty in the United Nations General Assembly, and it passed in
December, 2007. (The United States voted against it.) "Although the Resolution
was non-binding, it set an international moral standard," he explained in his
book, "asserting that the death penalty was a question of human rights, not
just one of internal justice. Capital punishment became an issue for the
international community, and not just the 'good souls' at the NGO's."
The step-by-step approach to ending the death penalty is clearly working, both
abroad and in the United States. During the conference in Rome, Marazziti
summarized its progress: When the Helsinki Conference on Security and
Cooperation in Europe took place, in 1975, 16 countries had abolished the death
penalty. When the Berlin Wall fell, in 1989, 35 had done so. In 2016, 105
countries have abolished the death penalty, and another 60 have not used it in
a decade. Fewer than 30 countries have carried out executions in the past few
years: among them China, Japan, Iran, Iraq, Saudi Arabia, Egypt, Somalia, and
the United States. Last year 28 people were executed in the U.S., the lowest
number in 25 years.
The death penalty is on the defensive even in states where it enjoys robust
popular support - and Marazziti and his associates have had a hand in this,
too. In Oklahoma, for some years, executions were performed by lethal injection
with a cocktail of 3 drugs. Through activists with the anti-death-penalty group
Reprieve, Marazziti learned that 1 of the drugs - sodium thiopental - was
manufactured in Liscate, near Milan, by an Italian subsidiary of the drug
company Hospira, which is based in Lake Forest, Illinois. Because capital
punishment is against the law in Italy, and because the drug was clearly being
used for non-therapeutic purposes, Marazziti and activists with the European
abolition movement Hands Off Cain concluded that the export of the drug was
illegal. Hands Off Cain wished to denounce Hospira. Marazziti, instead, reached
out to Italy's minister of justice and minister of health, and then entered
into dialogue with representatives of Hospira. A week later, the company ceased
to produce the drug in Italy. As The Atlantic has reported, Reprieve undertook
a similar effort in England, and sodium thiopental became exceedingly hard to
obtain, even on the black market. "This was the 1st crisis of the
lethal-injection system in the U.S," Marazziti said.
Challenged in the courts in the United States, the death penalty is dying in
the people's court of human rights, with Pope Francis's call for moratoria on
capital punishment just the latest strike against it. I asked Marazziti what he
saw as the practical effect of Francis's statement. "It creates a context in
which politicians in difficult circumstances can do the hard thing, whether in
Uzbekistan or the United States - to work for abolition, and to deal with
public opinion," he said. "And it enables us to accompany them."
(source: The New Yorker)
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