[Deathpenalty] death penalty news----worldwide

2016-07-18 Thread Rick Halperin






July 18




IRAN:

10 Prisoners in Rajai Shahr Prison Scheduled for Execution


About 10 prisoners in Karaj's Rajai Shahr Prison (Alborz Province, northern 
Iran) were transferred to solitary confinement in preparation for their 
executions scheduled for Wednesday July 20. According to close sources, 2 of 
the prisoners have been identified as Reza Teimouri and Mohsen Khanmohammadi.


A close source tells Iran Human Rights: "Most of these prisoners are on death 
row for murder charges. They weren't able to obtain consent from the 
complainants on their case files to stop their executions, so they are 
scheduled to be hanged on Wednesday morning."


On Wednesday July 13, Iranian authorities reportedly executed 6 prisoners at 
this prison. Since last week, starting from Monday July 11 until Sunday July 
17, about 30 executions were reportedly carried out across Iran.


(source: Iran Human Rights)






BANGLADESH:

Bangladesh charges 38 with murder over 2013 garment factory collapse


A court in Bangladesh formally charged 38 people with murder on Monday in 
connection with the 2013 collapse of the Rana Plaza building which killed 1,135 
people in the country's worst industrial disaster.


A total of 41 defendants face charges over the collapse of the complex, which 
housed 5 garment factories supplying global brands. Plaza owner Sohel Rana is 
the principal accused.


Public Prosecutor Abdul Mannan said 38 people had been charged with murder 
while 3 were charged with helping Rana to flee after the incident. Rana was 
arrested after a four-day manhunt, apparently trying to flee across the border 
to India.


Of the 41 people charged, 35, including Rana, appeared before the court and 
pleaded not guilty, Mannan told reporters. The other 6 are fugitives and will 
be tried in absentia.


If convicted, defendants could face the death penalty.

The collapse of the complex, built on swampy ground outside the capital Dhaka, 
sparked demands for greater safety in the world's 2nd-largest exporter of 
readymade garments and put pressure on companies buying clothing from 
Bangladesh to act.


Duty-free access to Western markets and low wages for its workers helped turn 
Bangladesh's garment exports into a $28 billion-a-year industry that is the 
economic lifeblood of the country of 160 million people.


The minimum monthly wage for garment workers in Bangladesh is $68, compared 
with about $280 in mainland China, which remains the world's biggest clothes 
exporter.


The Rana Plaza tragedy prompted safety checks that led to many factory closures 
and the loss of exports and jobs but the industry had begun to recover strongly 
despite sporadic attacks in Bangladesh claimed by Islamic State and al Qaeda. 
These have included murders of liberals, gay people, foreigners and members of 
religious minorities.


But a targeted attack on a restaurant in Dhaka on July 1 that claimed the lives 
of 20 people including 18 foreigners, many of whom worked in the garment 
business, could pose a fresh threat to the industry.


Islamic State said it was responsible for one of the most brazen attacks in the 
South Asian nation's history, although that claim has yet to be confirmed.


(source: Reuters)






TURKEY:

Turkey's President Erdogan refuses to rule out death penalty


Turkey's President has refused to rule out the death penalty for the thousands 
of people arrested following a violent failed military coup Friday.


"There is a clear crime of treason and your request can never be rejected by 
our government," said President Recep Tayyip Erdogan speaking through his 
translator in a world exclusive interview with CNN's Becky Anderson at his 
presidential palace in Istanbul, Turkey.


"But of course it will take a parliamentary decision for that to take action in 
the form of a constitutional measure so leaders will have to get together and 
discuss it and if they accept to discuss it then I as president will approve 
any decision that comes out of the parliament."


This is the 1st interview given by the president since the attempted military 
coup on Friday, July 15.


If Turkey does reintroduce the death penalty, it won't be joining the European 
Union, according to EU foreign policy chief Federica Mogherini earlier Monday.


Commenting on people's calls for the death penalty for coup plotters, Erdogan 
said: "'Why should I keep them and feed them in prisons, for years to come?' -- 
that's what the people say."


"They want a swift end to it, because people lost relatives, lost neighbors, 
lost children... they're suffering so the people are very sensitive and we have 
to act very sensibly and sensitively," he added.


The comments come in the wake of Friday's failed military coup and the 
president's vow over the weekend that those responsible "will pay a heavy price 
for this act of treason."


A total of 8,777 officers from the Turkish Ministry of Interior have so far 
been removed from office, according to the state

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

2016-07-18 Thread Rick Halperin






July 18



TEXASimpending execution

In Texas death row case, punishment does not fit crime


Jeff Wood has an appointment he hopes to miss.

On Aug. 24, 2016, at about 6 p.m., the Texas Department of Criminal Justice 
plans to inject a lethal dose of pentobarbital into Jeff???s veins to stop his 
heart as punishment for the 1996 murder of Kris Keeran.


What makes this execution controversial is that everyone, including law 
enforcement and the prosecution, agrees that Wood, the driver of the getaway 
car, did not kill Kris Keeran inside a Kerrville convenient store on the 
morning of January 2, 1996. In fact, Daniel Reneau, the actual and sole killer 
of Keeran, was executed for his crime on June 13, 2002.


Wood was convicted and sentenced to die under Texas' arcane felony-murder law, 
more commonly known as the "the law of parties" - for his role as an accomplice 
to a killing, which he had no reason to anticipate. Under the law of parties, 
those who conspire to commit a felony, like a robbery, can be held responsible 
for a subsequent crime, like murder, if it "should have been anticipated." The 
law does not require a finding that the person intended to kill. It only 
requires that the defendant, charged under the law of parties, was a major 
participant in the underlying felony and exhibited a reckless indifference to 
human life. In other words, neglecting to anticipate another actor's commission 
of murder in the course of a felony is all that is required to make a Texas 
defendant death-eligible.


Texas is not the only state that holds co-conspirators responsible for one 
another's criminal acts. However, it is one of few states that applies the 
death sentence to them. There have been only 10 people in the U.S. executed 
under the law of parties - and 5 of those 10 executions were in Texas. The last 
such execution was in 2009, where the Texas Board of Pardons and Paroles (BPP) 
recommended, with a 5-2 vote, that Robert Thompson's death sentence be commuted 
to life. Rick Perry rejected that vote and allowed the execution to proceed. 
Thompson was executed, even though it was his co-defendant, Sammy Butler, who 
actually killed the victim. Butler was given a life sentence.


When the convenient store robbery took place, Wood was sitting in a car 
outside, under the impression that Reneau was going into the store to get "road 
drinks and munchies." Although it is true that Wood and Reneau had talked about 
robbing the store at the behest of the manager, Wood had backed out of the 
idea. Wood had no idea Reneau was carrying a gun and was going to attempt to 
rob the store. Wood also claims he was forced to drive Reneau away from the 
crime scene at gunpoint. Wood's actions before the murder, namely sitting in a 
car unarmed and unaware that another person was going to commit a robbery, does 
not constitute reckless indifference to human life.


Even many supporters of capital punishment agree that the Texas law of parties 
is wholly unfair. In 2009, the Texas Moratorium Network and Wood's family led 
an advocacy campaign to end the death penalty for people convicted under the 
law of parties. The Republican-controlled Texas House overwhelmingly voted in 
favor of the bill. Unfortunately, the bill died in the Senate after Gov. Perry 
threatened to veto it. Last year, the House Committee on Criminal Jurisprudence 
voted again in favor of a bill to exclude the death penalty as punishment in 
law of parties cases. However, the session ended without an opportunity for a 
floor vote.


The Texas Board of Pardons and Paroles should recommend that the governor 
commute Wood's death sentence to life in prison or a lesser term consistent 
with Wood's level of participation in the crime. They have made that 
recommendation in similar cases, including those of Kenneth Foster in 2007 and 
Robert Thompson in 2009.


Wood might deserve punishment for driving away from the crime scene, but he 
does not deserve to die. He has never taken a human life with his own hands.


(source: Opinion; Hooman Hedayati is an attorney and a member of the Texas 
Moratorium Network Board of DirectorsAustin American-Statesman)







CONNECTICUT:

Connecticut Court Reaffirms Ruling Abolishing Death Penalty


The Connecticut Supreme Court has upheld its decision to abolish the state's 
death penalty, including for the 11 inmates on Connecticut's death row.


The Connecticut Supreme Court has reaffirmed its decision that Connecticut's 
abolition of the death penalty must also apply to those already convicted of a 
capital felony.


Monday's ruling comes in the case of Daniel Webb, who was sentenced to death 
for the 1989 murder of Diane Gellenbeck. The 37-year-old bank vice president 
was killed in a Hartford park after being abducted from a downtown parking 
garage.


The court last August found the 2012 state law that banned executions for 
future crimes did not go far enough, ruling the death penalty was 
unconstit

[Deathpenalty] death penalty news----worldwide

2016-07-18 Thread Rick Halperin





July 18




IRANexecutions

16 prisoners including a woman hanged in 1 day, 2 in public  30 prisoners 
executed in less than a week in cities across the country



In a new wave of executions, the Iranian regime executed 30 prisoners in 
various cities from July 11 to 17. 16 were executed Sunday, July 17, in Karaj 
and Birjand.


In Karaj, 11 prisoners including a woman were executed en masse in Ghezel 
Hessar Prison and another 2 were hanged in public in Mehrshahr district.


2 prisoners were executed in the Central Prison of Lakan, in Rasht (northern 
Iran) on July 16. 6 prisoners were hanged on July 13, in Gohardasht Prison of 
Karaj. 5 more prisoners were hanged on July 11, in the Central Prison of Arak 
(central Iran), and another prisoner was executed also on July 11, in the 
Prison of Maragheh (East Azerbaijan Province in northwest Iran) after enduring 
8 years in prison.


Beset by various crises, the Iranian regime is unable to respond to the most 
basic needs of the Iranian people, especially the deprived and low income 
strata. To confront growing public dissent and protests across the country, it 
has resorted to a new wave of executions. 1 year after the nuclear deal, these 
crimes reveal the claims of moderation in the clerical regime as hollow and 
expose the falsehood of promises of improvement under the mullahs' rule. It was 
thus proved that appeasement of the mullahs' medieval regime will not bring 
about change.


The Iranian Resistance calls on human rights organizations to condemn the 
rising number of executions in Iran and to immediately undertake measures to 
send the dossier of violations of human rights in Iran to the UN Security 
Council. All relations with the Iranian regime must be made conditional on an 
end to executions and an improvement of the human rights situation in Iran.


(source: Secretariat of the National Council of Resistance of Iran)






INDIA:

Final hearing in December 16 gang rape case to begin from today


The Supreme Court will from today begin its hearing in the appeals filed by the 
four accused in the December 16 gang rape case.


A special bench of the apex court hearing the plea of death convicts in the 
case has decided to sit 2 hours beyond its working time to ensure speedy 
disposal of the case that has been pending in the court for more than 2 years.


The convicts Vinay Sharma (23), Akshay Thakur (31), Mukesh (29) and Pawan Gupta 
(22) were awarded death sentence by a trial court in September 2013 and 6 
months later the Delhi High Court upheld their conviction and sentence. All the 
convicts then approached the Supreme Court which had in 2014 stayed their 
execution and the matter is pending in the top court since then.


The Delhi High Court had upheld their conviction and award of death penalty by 
terming the offence as 'extremely fiendish' and 'unparalleled in the history of 
criminal jurisprudence' and said the 'exemplary punishment' was the need of the 
hour.


Though arguments started in April before a three-judge Bench headed by Justice 
Dipak Misra, arguments will have to be made afresh since the combination of 
judges in the bench has been changed.


The bench comprises Justices Dipak Misra, C. Nagappan and Ms. R. Banumathi.

23-year old Nirbhaya was brutally assaulted and gang-raped by 6 people in a 
moving bus in south Delhi on the night of December 16, 2012, and thrown out of 
the vehicle with her male friend. She died in a Singapore hospital on December 
29.


(source: Business Standard)






THE VATICAN:

Why the Church Cannot Reverse Past Teaching on Capital PunishmentIf Pope 
Francis were to teach that capital punishment is ???absolutely??? immoral, he 
would be contradicting the teaching of scripture, the Fathers, and all previous 
popes, and substituting for it "some new doctrine."



Editor's note: This is Part 1 of a 2-part article on Catholicism and the death 
penalty. Part 2 will be posted later this week.


Pope St. John Paul II was well-known for his vigorous opposition to capital 
punishment. Yet in 2004, then-Cardinal Joseph Ratzinger -- the pope's own chief 
doctrinal officer, later to become Pope Benedict XVI -- stated unambiguously 
that:


[I]f a Catholic were to be at odds with the Holy Father on the application of 
capital punishment ... he would not for that reason be considered unworthy to 
present himself to receive Holy Communion. While the Church exhorts civil 
authorities ... to exercise discretion and mercy in imposing punishment on 
criminals, it may still be permissible ... to have recourse to capital 
punishment. There may be a legitimate diversity of opinion even among Catholics 
about ... applying the death penalty ... (emphasis added)


How could it be "legitimate" for a Catholic to be "at odds with" the pope on 
such a matter? The answer is that the pope's opposition to capital punishment 
was not a matter of binding doctrine, but merely an opinion which a Catholic 
must respectfu

[Deathpenalty] death penalty news----worldwide

2016-07-18 Thread Rick Halperin






July 18




TURKEY:

EU reminds Turkey it bound by treaty not to use death penalty


The European Union reminded Turkey on Monday that it is bound by its 
commitments under the European Convention on Human Rights and as a member of 
the Council of Europe not to reintroduce the death penalty.


"No country can become an EU member state if it introduces the death penalty," 
EU foreign policy chief Federica Mogherini told reporters when asked about 
suggestions that EU accession candidate Turkey might execute leaders of the 
failed coup.


She also noted that Turkey was a member of the Council of Europe and a 
signatory of the European Convention on Human Rights, which bans capital 
punishment across the continent:


"Turkey is an important part of the Council of Europe and is bound by the 
European Convention on Human Rights, which is very clear on the death penalty," 
she said.


(source: Reuters)

***

Germany tells Turkey return of death penalty would end EU accession talks


Turkey cannot join the European Union if it reinstates the death penalty, a 
spokesman for the German government said on Monday, sending a clear message to 
President Tayyip Erdogan who has raised the possibility after a failed military 
coup.


The government also urged Turkey to maintain the rule of law in investigating 
and bringing those behind the weekend coup attempt to justice, and raised 
questions about Turkey's decision to round up thousands of judges.


"Germany and the member states of the EU have a clear position on that: we 
categorically reject the death penalty," government spokesman Steffen Seibert 
told a news conference.


"A country that has the death penalty can't be a member of the European Union 
and the introduction of the death penalty in Turkey would therefore mean the 
end of accession negotiations."


Turkey abolished capital punishment in 2004, allowing it to open EU accession 
talks the following year, but the negotiations have made scant progress since 
then.


With pro-government protesters demanding that the coup leaders be executed, 
Erdogan said on Sunday that the government would discuss the measure with 
opposition parties.


Even before the coup attempt, many EU states were not eager to see such a 
large, mostly Muslim country as a member, and were concerned that Ankara's 
record on basic freedoms had gone into reverse in recent years.


Turkey widened the crackdown on suspected supporters of the coup on Sunday, 
taking the number of people rounded up in the armed forces and judiciary to 
6,000.


German officials said they had seen no evidence of any conspiracy in the events 
beyond an effort by parts of the Turkish military to seize control of the 
government.


Erdogan and the Turkish government have accused the U.S.-based Muslim cleric 
Fethullah Gulen, a former ally of Erdogan, of orchestrating the coup.


Seibert said German and EU officials would emphasize the need to maintain the 
rule of law in all their conversations with Turkey. He said he expected EU 
foreign ministers to address their concerns about the revival of the death 
penalty and disproportionate punishment in a joint statement about the 
situation after a meeting in Brussels later on Monday.


"Everyone understands that the Turkish government and the Turkish justice 
system must bring those responsible for the coup to justice, but they must 
maintain the rule of law, and that always means maintaining proportionality ... 
and transparency."


German Foreign Minster Frank-Walter Steinmeier spoke to his counterpart early 
on Sunday, but Chancellor Angela Merkel has not spoken to Erdogan since the 
attempted coup, government spokesmen said.


(source: The Daily Star)



No Country Can Become EU Member if Reintroduces Death Penalty - Mogherini


Late on Friday, Turkish authorities said that an attempted coup d'etat took 
place in the country. The coup was suppressed several hours later. Soon after 
the coup attempt, both Turkish President Recep Tayyip Erdogan and Prime 
Minister Binali Yildirim said that capital punishment could be reinstated in 
the country.


"Let me be very clear on one thing ... No country can become an EU member state 
if it introduces death penalty," Mogherini told a briefing when asked about the 
situation in Turkey, a state that abolished capital punishment in 2004 to bring 
its legislation in line with the EU standards.


Late on Friday, the Turkish authorities said that an attempted coup d'etat took 
place in the country. The coup was suppressed several hours later.


The coup attempt was suppressed by early Saturday, with Turkish Prime Minister 
Binali Yildirim stating that all coup supporters were identified and would be 
apprehended as the country was returning to normal life. At least 208 people 
have been killed and at least 1,400 injured during the attempted coup, 
according to the country's foreign ministry.


(source: Sputnik News)

*

Turkey's pr

[Deathpenalty] death penalty news----FLA., LA., UTAH, USA

2016-07-18 Thread Rick Halperin






July 18




FLORIDA:

2 cases delayed by new death penalty to be in Duval County court


2 death penalty cases affected by the new death penalty ruling will be in Duval 
County court Monday morning.


The recent ruling stated that the death penalty law in the State of Florida is 
unconstitutional.


The ruling that affects two Duval County cases has families in the courtroom 
longer, which can be tiring for the family.


James Rhodes is accused of killing Shelby Farah at a Metro PCS store in 2013.

Rhodes' court appearance is expected to include motions regarding death 
penalty.


Rhodes was charged in connection to the death of Farah, 20.

Farah's mother has been candid about her disagreement with the State Attorney's 
Office to seek the death penalty for her daughter's accused killer. Farah's 
mother said it will only keep the case going, but State Attorney Angela Corey 
said the law requires her to seek death.


In the Michael Shellito case, he was convicted in the murder of 18-year-old 
Sean Hathorne. Hathrone was shot in the chest in 1994 and Shellito was 
sentenced to death.


But the Florida Supreme Court unanimously overturned his death sentence back in 
2013 citing mental issues and that he may have suffered from brain damage from 
child abuse.


Shelitto has a final pretrial hearing Monday morning. His case isn't scheduled 
to go to trial until 2017.


As of today, there are 388 people in Florida on death row.

(source: actionnewsjax.com)






LOUISIANA:

Inmates' lawyers: A/C only way to prevent heat-related illness, death at Angola


With south Louisiana's summer heat and humidity kicking into high gear, the 
legal battle rages on over how to best protect 3 ailing condemned killers from 
extreme heat indexes on Angola's death row.


In the most recent federal court filings in the 3-year-old case, attorneys for 
Elzie Ball, Nathaniel Code and James Magee insist air conditioning is the only 
way to shield them from the substantial risk of heat-related illness or worse.


"Public health agencies as well as the medical community agree that exposure to 
air-conditioning is the only method of preventing heat-related illness and 
death in extreme heat," the inmates' attorneys, including lead lawyer Mercedes 
Montagnes with The Promise of Justice Initiative in New Orleans, argue in 
documents filed July 11 at Baton Rouge federal court.


Attorneys for state corrections officials, however, claim their second heat 
remediation plan - which calls for a daily cool shower and additional ice and 
fans for the prisoners - adequately remedies a violation of the constitutional 
protection against cruel and unusual punishment that Chief U.S. District Judge 
Brian Jackson and the 5th U.S. Circuit Court of Appeals found in relation to 
the Louisiana State Penitentiary's death row.


The state's lawyers, in documents filed July 11 as well, contend the heat 
remediation plan's measures "are sufficient to cure the constitutional 
violation." They argue further that the relief "extends as far as is necessary 
to correct the constitutional violation in this matter."


Jackson opined last month at a hearing on the state's second remediation plan 
that corrections officials have done "little if anything" to prevent heat 
indexes on death row from topping 88 degrees, something he ordered them to do 2 
1/2 years ago.


The state's 1st court-ordered heat remediation plan included air conditioning 
for the inmates, but the 5th Circuit ruled last summer the prisoners are not 
entitled to mechanical cooling. But the appellate court said they do deserve 
some relief.


In their latest court filing, the state's attorneys - a combination of private 
lawyers and assistant state attorney's general - say they interpret the 5th 
Circuit ruling to mean the state is not required to maintain the heat index in 
the inmates' cells below 88 degrees.


"The Fifth Circuit noted ... that a permanent injunction requiring (the state) 
to develop a plan to keep the heat index at or below 88 degrees would 
'effectively' require (the state) to install air conditioning," the state's 
attorneys point out. "It is (the state's) position that the Fifth Circuit ruled 
that (the state) must implement sufficient remedial measures ... when the heat 
index reaches 88 degrees - not that (the state) must maintain the heat index 
below 88 degrees."


In its ruling last year, the New Orleans federal appeals court suggested the 
state could divert cool air from the air-conditioned guard pods into the 
death-row tiers or allow the inmates access to air-conditioned areas, but 
corrections officials rejected those suggestions for security and other 
reasons.


The inmates' lawyers acknowledge that while no 5th Circuit case has previously 
upheld an order requiring air conditioning to remedy a violation of the Eighth 
Amendment prohibition on cruel and unusual punishment, no authority explicitly 
bars the use of air conditioning as a remedy.


"The Fifth Circ