[Deathpenalty] Urgent Action 113/12 - Iranian-Canadian Man Facing Execution in Iran

2012-04-26 Thread Rick Halperin



URGENT ACTION APPEAL
- From Amnesty International USA

--
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa11312.pdf

UA 113/12
Issue Date: 26 April 2012
Country: Iran

IRANIAN-CANADIAN FACING EXECUTION IN IRAN
A man with dual Iranian-Canadian nationality, Hamid Ghassemi-Shall, appear to 
be at imminent risk of
execution. His family was told on 15 April that his death sentence had been 
passed to the body
within the Judiciary that carries out executions.

Hamid Ghassemi-Shall was arrested on 24 May 2008 while visiting his elderly 
mother in Iran. His
older brother, Alborz Ghassemi-Shall, have been arrested about two weeks 
earlier. Both brothers were
held in solitary confinement without legal representation, in Tehran's Evin 
prison for 18 months; in
November 2009 the brothers were transferred to a section of the prison holding 
other prisoners.

On 29 December 2008 both men were sentenced to death following an unfair trial 
by a Revolutionary
Court. They were convicted of moharebeh (enmity against God) for espionage and 
cooperation with the
proscribed People’s Mojahedin Organization of Iran (PMOI). Amnesty 
International understands that
the evidence used against the brothers during trial included a "confession" and 
an email the
authorities alleged Hamid Ghassemi-Shall had sent to his brother Alborz 
Ghassemi-Shall, who had
previously worked as a mechanical engineer in the Iranian army, which he denied 
sending. On 7
November 2009, the Supreme Court upheld the sentence. In January 2010 Alborz 
Ghassemi-Shall, who was
suffering from stomach cancer, died in prison.

Hamid Ghassemi-Shall have said that while in Evin Prison, before he had access 
to legal
representation, he was under "extreme pressure" to "confess". "Confessions" 
made under torture are
frequently accepted as evidence in Iranian courts, violating the right to a 
fair trial. The Iranian
authorities had previously threatened to arrest the brothers' sister Mahin 
Ghassemi-Shall, who has
since died, for speaking out on behalf of her brother.

Please write immediately in Persian, English or your own language:
- Urging the Iranian authorities to stop the execution of Hamid Ghassemi-Shall;
- Urging them to retry him in proceedings which fully comply with international 
fair trial standards
and without recourse to the death penalty;
- Calling on them to ensure that Hamid Ghassemi-Shall is given immediate and 
regular access to his
family, his lawyer and any necessary medical treatment.

PLEASE SEND APPEALS BEFORE 7 JUNE 2012 TO:
Leader of the Islamic Republic
Ayatollah Sayed 'Ali Khamenei
The Office of the Supreme Leader
Islamic Republic Street – End of Shahid Keshvar Doust Street
Tehran
ISLAMIC REPUBLIC OF IRAN
Email: info_lea...@leader.ir
Twitter: "Call on #Iran leader @khamenei_ir to halt the execution of Hamid 
Ghassemi-Shall"
Salutation: Your Excellency

Head of the Judiciary
Ayatollah Sadegh Larijani
[Care of] Public Relations Office
Number 4, 2 Azizi Street intersection
Tehran
ISLAMIC REPUBLIC OF IRAN
Email: bia.j...@yahoo.com (Subject
Line: FAO Ayatollah Sadegh Larijani)
Salutation: Your Excellency

And copies to:
Secretary General, High Council for Human Rights
Mohammad Javad Larijani
High Council for Human Rights
[Care of] Office of the Head of the Judiciary
Pasteur St., Vali Asr Ave. south of Serah-e Jomhouri
Tehran 1316814737
ISLAMIC REPUBLIC OF IRAN
Email: i...@humanrights-iran.ir (subject line: FAO Mohammad Javad Larijani

**Iran does not presently have an embassy in the United States. Instead, please 
send copies to:
Iranian Interests Section
c/o Embassy of Pakistan
2209 Wisconsin Ave NW
Washington DC 20007
Tel: 1 202 965 4990 -OR- 1 202 965-4991
Fax: 1 202 965 1073
Email: reque...@daftar.org

Please check with AIUSA Urgent Action Office if sending appeals after the above 
date.

ADDITIONAL INFORMATION
Hamid Ghassemi-Shall's wife, Antonella Mega, who lives in Canada, told Amnesty 
International on 20
April 2012 that her husband had called her on 15 April, and told her that his 
mother and his sister,
Parvin Ghassemi-Shall, had been allowed to visit him at Evin Prison earlier 
that day. They had met
in the office of a judge from the Office for the Implementation of Sentences. 
His mother and sister
told him that another sister, Mahin Ghassemi-Shall, had died following an 
illness. The judge, who
was present, immediately told the grieving family that Hamid Ghassemi-Shall's death 
sentence was "on
his table" and that he was awaiting orders from Tehran Province's Chief 
Prosecutor to carry out
Hamid Ghassemi-Shall's execution.

There were serious flaws in the fairness of the brothers' trial. They were held 
for months
undergoing interrogation but without access to legal representation. Access to 
a lawyer from the
outset of detention is essential to ensuring a fair trial. International fair 
trial standards
require that anyone accused of a serio

[Deathpenalty] death penalty news----worldwide

2012-04-26 Thread Rick Halperin





April 26




IRANexecutions

13 prisoners, among them 5 Afghan citizens, were executed in Iran


5 prisoners were executed in the prison of Shahrud (northern Iran) Tuesday 
April 25. reported the offcial Iranian sources. 8 other prisoners were hanged 
in Karaj (west of Tehran) according to unofficial reports.


According to the official website of the Iranian judiciary in Semnan Province 5 
prisoners, among them 4 Afghan citizens, were hanged in the prison of Shahrud. 
The prisoners were identified as "M. M.", "S. P.", "A. S.", "M. B." (all Afghan 
citizens) and "H. P.", and were convicted of keeping and carrying large 
quantities of narcotic substances, according to the report.


8 prisoners, among them one Afghan citizen, were hanged in Karaj:

According to unofficial reports published by the "Human Rights and Democracy 
Activists in Iran" (HRDAI) eight prisoners were hanged in the Rajaei Shahr 
prison of Karaj (west of Tehran) on Tuesday April 25. The report identified 
these prisoners as "Mohammad Shafi Heydari (33 year old, Afghan citizen), 
Hossein Bagheri (20), Mohammad Rezaei (60), Mohammad Jafghaei (42), Yadollah 
Kabiri (50), Abbas Beigi (38), Abolghasem Pourhasan (37) and Alireza 
Shokohi-Manesh (37). The charges were not mentioned in the report.


(source: Iran Human Rights)


___
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty

Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/

~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~


[Deathpenalty] death penalty news----TEXAS, USA

2012-04-26 Thread Rick Halperin






April 26



TEXASexecution

Texas man executed for role in robbery-shooting


A Texas man was executed Thursday for his role in a 2002 robbery in which three 
people were shot, one fatally.


The lethal injection of Beunka Adams, 29, was carried out less than 3 hours 
after the U.S. Supreme Court rejected a last-day appeal to postpone the 
punishment, the 5th this year in Texas.


Adams expressed love to his family and apologized to witnesses, including one 
of the women who survived the attack and relatives of the man who was killed.


He said he was a stupid kid in a man's body at the time of the crime.

"I'm very sorry. Everything that happened that night was wrong," Adams said. 
"If I could take it back, I would. Not a day goes by I wish I could take it 
back. ... I messed up and can't take that back."


He asked those gathered to not let any hate they had for him "eat you up."

"Find a way to get past ... I really hate things turned out the way they did. 
For everybody involved, I don't think any good came out of it."


Adams took about a dozen breaths, then began wheezing and snoring. Eventually, 
he became still. He was pronounced dead at 6:25 p.m. CDT, 9 minutes after the 
lethal drugs began to flow into his body.


His attorneys had asked the nation's highest court to halt the execution, 
review his case and let him pursue appeals claiming he had deficient legal help 
at his trial and during earlier stages of his appeals.


He won a reprieve from a federal district judge earlier this week, but the 
Texas attorney general's office appealed the ruling, and the 5th U.S. Circuit 
Court of Appeals reinstated the death warrant Wednesday.


Adams was 1 of 2 East Texas men sent to death row for the slaying of Kenneth 
Vandever, 37. He was in a convenience store on Sept. 2, 2002, in Rusk, about 
115 miles southeast of Dallas, when 2 men wearing masks and carrying a shotgun 
walked in and announced a holdup.


After robbing the store, Adams and Richard Cobb drove off with the 2 female 
clerks and Vandever in a car belonging to 1 of the women.


Testimony at Adams' trial showed he gave the orders during the holdup and 
initiated the abductions. They drove to a remote area about 10 miles away in 
Cherokee County, where Adams demanded Vandever and 1 woman get into the trunk 
of the car and then raped the other woman. Testimony also showed he forced all 
3 to kneel as they were shot.


Vandever was fatally wounded. The women were kicked and shot again before Cobb 
and Adams, believing they were dead, fled. Both were alive, however, and one 
was able to run to a house to summon help.


Adams and Cobb were arrested several hours later in Jacksonville, about 25 
miles to the north. Adams was identifiable because he had slipped off his mask 
after one of the women said she thought she knew him.


Adams becomes the 5th condemned inmate to be put to death this year in Texas 
and the 482nd overall since Texas resumed capital punishment on December 7, 
1982. Adams also becomes the 243rd condemned inmate to be put to death since 
Rick Perry became governor of Texas in 2001.


Adams becomes the 17th condemned inmate to be put to death in the USA this year 
and the 1294th overall since the nation resumed executions on January 17, 1977. 
Adams is the 4th person to be executed in the USA since April 18; 4 more 
condemned inmates are scheduled to be executed in the country in May.


(sources: Associated Press & Rick Halperin)






USA:

Shifts detected in support for death penalty


The campaign to abolish the death penalty has been freshly invigorated this 
month in a series of actions that supporters say represents increasing evidence 
that America may be losing its taste for capital punishment.


As early as this week, Connecticut Gov. Dannel Malloy, a Democrat, is poised to 
sign a bill repealing the death penalty in that state. A separate proposal has 
qualified for the November ballot in California that would shut down the 
largest death row in the country and convert inmates' sentences to life without 
parole.


Academics, too, have recently taken indirect aim: The National Research Council 
concluded last week that there have been no reliable studies to show that 
capital punishment is a deterrent to homicide.


That study, which does not take a position on capital punishment, follows a 
Gallup Poll last fall found support for the death penalty had slipped to 61% 
nationally, the lowest level in 39 years.


Even in Texas, which has long projected the harshest face of the U.S. criminal 
justice system, there has been a marked shift. Last year, the state's 13 
executions marked the lowest number in 15 years. And this year, the state — the 
perennial national leader in executions — is scheduled to carry out 10.


Capital punishment proponents say the general decline in death sentences and 
executions in recent years is merely a reflection of the sustained drop in 
violent crime, but some lawmakers and legal a

[Deathpenalty] death penalty news----worldwide

2012-04-26 Thread Rick Halperin



April 26



TRINIDAD:

Trinidad wants to withdraw from Britain's Privy Council


Trinidad and Tobago plans to stop sending appeals in criminal cases to 
Britain's Privy Council, a move that could make it easier for death sentences 
to be carried out in the Caribbean country.


Prime Minister Kamla Persad-Bissessar said the government will submit 
legislation to parliament to abolish appeals to the London-based Privy Council, 
the final court of appeal for former and current British territories in the 
Caribbean.


The jurisdiction of the Privy Council in criminal appeals is "a matter of grave 
concern," Persad-Bissessar told parliament late on Wednesday, adding it 
"affects the dispensation of criminal justice at a time of high crime in our 
country."


"The situation has been complicated by the issue of the death penalty on which 
the Privy Council, reflecting contemporary English mores and jurisprudence, has 
been rigorous in upholding Caribbean appeals in death sentence cases," she 
said.


A former British colony, Trinidad and Tobago has faced criticism from human 
rights groups over its use of executions for some violent crimes. Capital 
punishment, however, enjoys wide support among Trinidadians who view it as a 
crime deterrent.


The energy rich, twin-island country is battling a high murder rate. Police say 
it is linked to drug trafficking in Trinidad and Tobago, a trans-shipment point 
for South American cocaine headed to Europe and the United States.


Last year, Persad-Bissessar imposed a four-month state of emergency to crack 
down on drug-related crime and gang activity.


Under the proposed legislation, appeals in criminal cases would be handled by 
the Caribbean Court of Justice - based in Port of Spain and now the final court 
of appeal for several Caribbean countries.


The last execution held in Trinidad and Tobago was in 1999 and involved a man 
found guilty of murdering a taxi driver. Earlier that year, nine members of a 
criminal gang were hanged for murder.


(source: Reuters)


___
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty

Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/

~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~


[Deathpenalty] death penalty news----TEXAS, CONN., GA., NEV.

2012-04-26 Thread Rick Halperin





April 26


TEXASimminent execution

Justices refuses stay for Texas man's execution


The U.S. Supreme Court has refused to halt the scheduled execution of convicted 
killer Beunka Adams.


The 29-year-old Adams faces lethal injection in Huntsville Thursday evening for 
a slaying a decade ago during an East Texas robbery where 3 people were shot 
and abducted and one of the victims was raped. The ruling came about 3 hours 
before Adams could be taken to the Texas death chamber.


Adams' attorneys argued the justices should halt the punishment, review his 
case and allow Adams to pursue appeals focusing on whether his legal help at 
his trial and during earlier stages of his appeals was deficient.


Earlier this week, Adams won a reprieve from a federal district judge but the 
5th U.S. Circuit Court of Appeals overturned the decision, reinstating the 
death warrant.


Adams, 29, would be the 5th person executed in Texas this year. His attorneys 
asked the nation's highest court to halt the execution, review his case and let 
him pursue appeals claiming he had deficient legal help at his trial and during 
earlier stages of his appeals. Adams won a reprieve from a federal district 
judge earlier this week, but the Texas attorney general's office appealed the 
ruling, and the 5th U.S. Circuit Court of Appeals reinstated the death warrant 
Wednesday.


Adams was 1 of 2 men sent to death row for the slaying of Kenneth Vandever, 37. 
He was in a convenience store on Sept. 2, 2002, in Rusk, about 115 miles 
southeast of Dallas, when 2 men wearing masks and carrying a shotgun walked in 
and announced a holdup.


After robbing the store, Adams and Richard Cobb drove off with the 2 female 
clerks and Vandever in a car belonging to one of the women.


Testimony at Adams' trial showed he gave the orders during the holdup and 
initiated the abductions. They drove to a remote area about 10 miles away in 
Cherokee County, where Adams demanded Vandever and 1 woman get into the trunk 
of the car and then raped the other woman. Testimony also showed he forced all 
3 to kneel as they were shot.


Vandever was fatally wounded. The women were kicked and shot again before Cobb 
and Adams, believing they were dead, fled. Both were alive, however, and one 
was able to run to a house to summon help. Adams and Cobb were arrested several 
hours later in Jacksonville, about 25 miles to the north. Adams was 
identifiable because he had slipped off his mask after one of the women said 
she thought she knew him.


During questioning by police, Adams "didn't fully say what he did but enough to 
show guilt under the law of parties," said Cherokee County District Attorney 
Elmer Beckworth.


That Texas law makes an accomplice equally culpable as the actual killer. 
Beckworth said evidence pointed to Cobb as the gunman, although testimony at 
trial showed Adams bragged to another jail inmate that he was the shooter.


The law of parties became an issue in some of Adams' appeals, with his lawyers 
arguing trial lawyers and earlier appeals attorneys should have contested jury 
instructions related to the law.


Assistant Attorney General Ellen Stewart-Klein countered in court documents 
that Adams showed "total participation in a capital murder and the moral 
culpability required of one sentenced to death."


Cobb, who was 18 at the time of the holdup, was convicted and sentenced to die 
in a separate trial 8 months before Adams, who was 19 at the time of the crime. 
Evidence tied the 2 to a string of robberies that happened around the same 
time.


"You could see with their prior aggravated robberies the level of intensity was 
rising," Beckworth said.


Cobb does not yet have an execution date set. At Adams' trial, Adams was 
portrayed as "a kind of tag-along" influenced by Cobb, said Sten Langsjoen, a 
trial lawyer for Adams. The two had met as ninth-graders at a boot camp. 
Evidence showed they began committing burglaries together, then switched to 
more lucrative armed robberies.


Adams declined to speak from death row with reporters as his execution date 
neared.


Vandever had suffered a brain injury as a result of a car accident, said 
Beckworth, who described him as mentally challenged. He was known around Rusk 
for riding his bicycle and keeping folks company at the convenience store, the 
prosecutor said. Vandever was in the store's eating area, not near the women, 
and the robbers apparently didn't spot him until he got up to leave.


(source: Associated Press)






CONNECTICUT:

Connecticut Abolishes Death Penalty – Is Decades of Work Turning the Tide?


Yesterday, Connecticut Gov. Daniel Malloy quietly signed a bill that would 
abolish the death penalty in that state. In doing so, Connecticut became the 
17th state to abolish it. The last state to abolish the death penalty was 
Illinois, and the next may be Maryland; Kansas and Montana are also considering 
it. California has a controversial ballot measure set for Nove

[Deathpenalty] death penalty news----FLORIDA

2012-04-26 Thread Rick Halperin





Please help with this Florida Poll in a major newspaper now running 3 to 1 
against us:

http://southflorida.sun-sentinel.com/news/sfl-should-florida-ban-the-death-
penalty-poll-20120425,0,3633291,post.poll


Mark Elliott
Executive Director

Floridians for Alternatives to the Death Penalty, FADP
P.O. Box 82943
Tampa, FL  33682
727-215-9646

FADP is a coalition of individuals and organizations united to abolish the 
Death Penalty in Florida



___
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty

Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/

~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~


[Deathpenalty] death penalty news----Kansas Poll -

2012-04-26 Thread Rick Halperin




Please vote yes on this poll.



http://www.leavenworthtimes.com/homepage/x1780491846

___
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty

Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/

~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~


[Deathpenalty] [SPAM] death penalty news----TEXAS, LA., VA., CONN., USA, ARIZ., CALIF.

2012-04-26 Thread Rick Halperin





April 26



TEXASdeath sentence overturned

Christian Olsen's death sentence overturned


The death sentence of a 24-year-old Bryan man who fatally beat and strangled 
his 68-year-old neighbor was overturned Wednesday after an appeals court ruled 
that jurors should have heard from an expert who believed the man was a victim 
of sexual abuse.


The 8-to-1 ruling by the Texas Court of Criminal Appeals comes more than 4 
years after Christian Olsen was convicted of capital murder.


That conviction remains intact, but Olsen may not receive a new punishment 
trial to determine his sentence. That trial can only end with 2 results: life 
in prison without parole or another death sentence.


District Attorney Bill Turner said his office will review the situation and 
talk with the victim's family before deciding how to proceed.


Olsen's lawyer, Billy Carter, said he was pleased with the court's decision and 
hopes to have the case resolved soon.


"We are hoping that the DA's office will review everything and might decide not 
to seek death," he said.


In that case, there would be no trial. Olsen would be automatically sentenced 
to life in prison. If the case does go back to trial, it likely won't happen 
until next year, lawyers said.


Olsen was 19 when he was arrested in 2006 and charged with the murder of Etta 
Jean Westbrook, his across-the-street neighbor on Oak Hollow Drive near Bryan 
High School.


A few weeks after his arrest, he was also charged with the murder of 
63-year-old Geraldine Lloyd, the mother of Olsen's girlfriend, who was found 
buried in her own backyard. Authorities later determined that Olsen had been 
living in Lloyd's house with Lloyd's daughter and granddaughter for months 
after the murder.


The former Bryan High School student was never tried for the slaying of Lloyd, 
but prosecutors presented evidence that he committed the crime during the 2 
1/2-week punishment phase of his trial for the Westbrook killing. The jury of 4 
men and 8 women deliberated for about 8 hours before sentencing him to death.


Defense attorneys argued that Olsen had been manipulated into committing the 
murders by Lloyd's daughter, Kelly Sifuentez. Olsen and Sifuentez had a sexual 
relationship that began when he was 14, they said. She was in her mid-30s at 
the time, they said.


But the jury never heard from Donna Vandiver, a criminal justice expert at 
Texas State University who was one of the defense's key witnesses. Vandiver 
reviewed Olsen's case and concluded that Sifuentez's actions toward Olsen were 
consistent with the way that a female sex offender "grooms" her victims.


Prosecutors objected to Vandiver's statements, saying she hadn't spoken with 
Olsen or Sifuentez and wasn't qualified to testify. District Judge Steve Smith 
agreed and didn't allow her to take the witness stand.


The Court of Criminal Appeals disagreed.

"Olsen's inappropriate relationship with Sifuentez, and its potential negative 
effect on him, were the core of the defense's cast at punishment," wrote Judge 
Michael Keasler in the court's majority opinion.


Keasler later added: "Her testimony would have educated the jury concerning the 
harmful effects and influence that a relationship like the one between 
Sifuentez and Olsen could have on a teenaged boy, and the typical behavioral 
problems exhibited by the victims of such relationships."


The lead prosecutor in the case, Shane Phelps, said he was disappointed in the 
court's decision, mostly for the family of the victims. He said he believes the 
jury would have reached the same verdict if it had heard Vandiver's testimony.


"No lawyer likes to be reversed, but death penalty cases are different," he 
said, explaining that judges must be extra careful in capital murder cases.


Phelps no longer works at the Brazos County District Attorney's Office, so he 
will have no say in how the case is handled moving forward.


Westbrook's son declined to comment when reached by phone Wednesday.

(source: The Eagle)

 impending execution



Convicted killer in East Texas holdup set to die


A Texas inmate looked to the U.S. Supreme Court to spare him a trip to the 
death chamber for an East Texas man's slaying 10 years ago during a convenience 
store robbery.


Beunka Adams faces lethal injection Thursday evening in Huntsville. The 
29-year-old Adams is 1 of 2 men sent to death row for the 2002 fatal shooting 
of Kenneth Vandever. The 37-year-old Vandever and 2 women clerks at the store 
robbed in Rusk in 2002 were abducted and shot. Both women survived, although 1 
of them also was raped.


Adams earlier this week won a reprieve from a federal judge, but state 
attorneys Wednesday won an appeal overturning the order.


Adams' lawyers are asking for a Supreme Court review of the case.

(source: Associated Press)

**

One Slated, One StayedRick Perry's death tally notches another this week


On the eve of the state'