[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Sept. 29



CANADA:

Conservatives fail Canadians on the death penalty


Prime Minister Stephen Harper should immediately reverse his decision not
to fight for Canadians facing the death penalty in foreign countries,
Liberal Leader Stphane Dion said today.

"While Mr. Harper is trying to convince Canadians that he won't end the
prohibition on the death penalty in Canada, he is refusing to stand up for
a Canadian facing the death penalty in the United States," said Mr. Dion.

"It is unconscionable to outsource the executioner's role to another
country. If it is unacceptable for the state to kill a Canadian at home,
then it is unacceptable for the state to kill a Canadian in another
country."

Hearings will start today in Federal Court in a case brought on behalf of
Ronald Smith, a Canadian facing execution in Montana. Lawyers for Mr.
Smith are seeking to overturn the decision of the Conservative government
to stop taking official diplomatic steps to oppose Mr. Smiths execution.
Mr. Dion, who wrote directly to the Governor of Montana after the
government announced it would no longer oppose the death sentence, called
upon the government to drop its opposition to the case and immediately
restart efforts on behalf of Mr. Smith.

"The Conservatives are saying that the death penalty is acceptable
provided it is carried out by another democracy. Apparently the
Conservatives believe that there cannot be miscarriages of justice in the
United States," said Mr. Dion. "Either you are opposed to the death
penalty or you are in favour of it. The distinctions being drawn by the
Conservatives are meaningless and reveal that they are putting their
ideology ahead of the fundamental rights of Canadians."

Public Safety Minister Stockwell Day, the Conservatives' point person on
this policy reversal, has indicated that fighting to save Mr. Smith's life
would "send a wrong message" to Canadians as the Conservatives attempt to
appear tough on crime.

Canadians should be very concerned that Mr. Harper is letting politics
trump rights. They should be even more concerned that apparently Mr.
Harper has asked Mr. Day to be the final arbiter in these life and death
decisions, said Mr. Dion.

(source: Liberal.ca)

**************

Harper government playing politics with life of death-row inmate, suit
alleges


A Canadian on American death row for 25 years is more likely to receive a
lethal injection because of the Harper government's abrupt decision to
stop seeking clemency for the killer, a lawsuit slated to be heard Monday
argues.

The suit before Federal Court accuses the Conservative government of
illegally playing politics with Alberta native Ronald Smith's life and
calls on Ottawa to press to have the sentence commuted.

"(The government's) abrupt abandonment of their promises and long-standing
practice has now created severe detriment to (Smith)," the suit states.
"In particular, he is now at enhanced risk of execution."

The case, which highlights stark social policy differences between Prime
Minister Stephen Harper's Conservatives and the opposition parties, arose
in the summer of 1982.

The then-24-year-old Smith and 2 buddies from Red Deer, Alta., were on a
drug and alcohol fuelled hitch-hiking trip through Montana.

They robbed 2 cousins, who offered them a ride, and Smith shot the men
through the heads on the roadside.

Defended by an inexperienced lawyer who had spent just six hours on the
case, Smith pleaded guilty and demanded a death sentence despite being in
a "disturbed mental state," the suit claims.

Documents show Canadian government efforts over some 15 years to push for
the Montana governor to commute the sentence and transfer Smith to Canada
were starting to bear fruit.

Then last fall, the Conservative government decided its law-and-order
policies were inconsistent with advocating for Smith.

Public Safety Minister Stockwell Day said it would "send the wrong
message" to press the case.

Years of Foreign Affairs efforts came to a "screeching halt," one of
Smith's U.S. lawyers, Don Vernay, said in an interview.

"We thought (clemency) was a go (but) that whole change by your
government, or your prime minister, really threw a monkey wrench into
things," Vernay said from Albuquerque, N.M., this week.

"It was insane."

Just days after Day spoke last November, Harper explained his position.

"Were we to intervene, it would very quickly become a question of whether
we are prepared to repatriate a double murderer to Canada," Harper said.

"In light of this government's strong initiatives on tackling violent
crime, I think that would send the wrong signal to the Canadian
population."

The Liberals accuse the Harper government of "flawed logic."

"We will vigorously reassert Canada's long-standing position of seeking
clemency for Canadians sentenced to death - in any country, anywhere in
the world," their election campaign platform states.

Vernay said he was sure the federal government could help save Smith's
life should yet another pending appeal fail.

It would also burnish Canada's international reputation, he said.

"Canada has always been a beacon of human rights," Vernay said.

"To see that change, God it was terrible. It was heart-breaking."

The lawsuit - argued under both constitutional and administrative law -
claims Smith had a "legitimate expectation" Canada would continue seeking
clemency and he relied on that.

"Once having embarked on that process, they had to continue it," said
Smith's Toronto lawyer, Lorne Waldman.

"If they were going to change it, they had to advise him."

The government counter-claims that policy decisions are not subject to
court review.

Smith's death sentence has been overturned twice and upheld 3 times.

The case is currently before the 9th Circuit Court of Appeals.

His co-accused both pleaded guilty, were later transferred to Canada, and
paroled.

(source: Canadian Press)

*****************

Mom defends death-row son as clemency hearing begins


The mother of Ronald Smith -- the only Canadian on death row in the United
States -- has spoken out about her son's bid to avoid execution on the eve
of a Toronto court hearing that could determine his fate.

In her 1st public comment since the case sparked an uproar in the House of
Commons last November, Red Deer, Alta., resident Dolores Smith said she is
"very proud" of her son's transformation from a drug-addled killer 25
years ago to an "extremely intelligent" inmate now fighting for his life
-- and for the larger cause of ending capital punishment.

She condemned Prime Minister Stephen Harper and Public Safety Minister
Stockwell Day for their abrupt decision late last year to halt a
decade-long effort by Canada to secure clemency for the Alberta-born
double murderer.

Dolores Smith also recounted a "very emotional" visit this month to
Montana State Prison, where guards allowed her to embrace her son --
something she hadn't been permitted to do for 14 years -- to mark his 51st
birthday.

"One of the women guards said: 'You can come in and hug Ron.' I almost
died. They had loosened his hands, but he was still tied to his waist
belt. I just threw my arms around him and I just hugged and kissed him."

Smith's attempt to win a reprieve from his U.S. death sentence comes
before Federal Court today, at the height of a federal election in which
the Conservatives' controversial new clemency policy -- to oppose death
sentences only in non-democratic countries -- is under renewed attack.

(source: Canwest News Service)






UGANDA:

8 On Death Row for Murder


8 people were convicted and sentenced to death over murder by the High
Court criminal session held at Mubende during the months of August and
September, according to the official report of court proceedings.

A total of 72 cases were handled. The report submitted to Principal Judge
James Ogoola also indicates that the session was dominated by defilement
cases which stood at 92 per cent. A total of 10 cases were sent to the
lower magistrates courts while the Director of Public Prosecutions (DPP)
withdrew charges against 10 suspects.

Justice Joseph Murangira, the resident Judge at Mubende High Court Central
Circuit, told journalists on Saturday in Kampala that 9 other case files
were adjourned to the next session for full trial after the suspects
denied the charges.

The completion of 72 criminal cases leaves a backlog of 535 cases pending
at the court in addition to 130 cases that were handled during the month
of July at Nakawa Criminal session.

(source: All Africa News)