[Deathpenalty] death penalty news----worldwide

2016-11-27 Thread Rick Halperin






Nov. 27



IRAN:

Iranian Court Sentences Another Juvenile Offender to Death


Iran Human Rights has obtained information about an 18-year-old juvenile 
offender detained in Sanandaj Prison who was recently sentenced to death by an 
Iranian court. His case file was reportedly sent to Iran's Supreme Court for 
review.


According to close sources, Ayoub Shahbazi, who was born on August 30, 1998, 
was arrested by Iranian authorities in 2014 and charged with murder at the age 
of 16.


"When Ayoub was a young child, he lost his father. Due to financial poverty, 
Ayoub was unable to attend school and therefore is illiterate. From a young 
age, he was working with his mother cleaning people's homes. 4 years ago, 
because he had no one to guide him, Ayoub became a drug addict. He ended up 
killing 1 of his own family members for money," a confirmed source tells Iran 
Human Rights.


Under the United Nations Convention on the Rights of the Child, which Iran is a 
signatory to, the Iranian authorities have an obligation to not issue the death 
penalty sentence for offenses committed under the age of 18. According to 
Article 91 of Iran's revised Islamic Penal Code, it is up to the presiding 
judge's discretion to deem the juvenile mature enough to understand the nature 
of the offense: "In the cases of offenses punishable by hadd or qisas, if 
mature people under eighteen years do not realize the nature of the crime 
committed or its prohibition, or of there is uncertainty about their full 
mental development, according to their age, they shall be sentenced to the 
punishments prescribed in this chapter." The Islamic Penal Code puts the age of 
criminal responsibility for males at 15 and 9 for females.


Ayoub Shahbazi is the latest juvenile offender to receive a death sentence by 
an Iranian court. In August 2016, Iran Human Rights published a report 
identifying seven juvenile offenders on death row.


(source: Iran Human Rights)






PHILIPPINES:

Lawmakers urged to reject revival of death penaltyAmnesty International 
says bringing back the death penalty would be a 'major setback' for human 
rights and would also be a violation of the Philippines' obligations under 
international law



Global human rights group Amnesty International urged lawmakers in the country 
to reject the revival of the death penalty, one of the priority bills of 
President Rodrigo Duterte.


"The re-introduction of the death penalty would not only represent a major 
setback for the promotion and protection of human rights in the country but 
also violate the Philippines' obligations under international law," said 
Amnesty International in a statement on Friday, November 25.


"The Philippines, which fully abolished the death penalty for the second time 
in 2006, is party to an international treaty that categorically prohibits 
executions and commits the country to the abolition of this punishment. These 
obligations cannot be withdrawn at any time."


In his 1st month in office, Duterte had asked lawmakers to revive the death 
penalty, especially for drug traffickers. The war on drugs has been one of the 
key campaigns of the government since Duterte took office last June 30.


For the President, the death penalty is a way to exact payment from a 
perpetrator of a heinous crime.


Speaker Pantaleon Alvarez earlier led several lawmakers in filing measures 
seeking to restore capital punishment for heinous crimes. The Speaker wants the 
House of Representatives to pass the consolidated version of the bills on 3rd 
and final reading by December.


Last month, the House justice committee also recommended the reimposition of 
the death penalty for drug-related cases.


The House independent minority bloc has accused the justice committee of 
"railroading" the passage of the death penalty bills.


At the Senate, Senator Manny Pacquiao has also echoed Duterte's desire to bring 
back the death penalty. Pacquiao even went as far as saying that God supports 
the death penalty to "punish" and "discipline wrongdoers."



Amnesty International and other human rights groups have long said, however, 
that there is no evidence to prove that the imposition of capital punishment 
deters crime.


"There is no conclusive evidence that the death penalty has a deterrent effect. 
Statistics from countries that have abolished the death penalty show that the 
absence of the death penalty has not resulted in an increase in the crimes 
previously subject to capital punishment, while evidence shows that punitive 
policies have little influence on the prevalence of drug use," Amnesty 
International reiterated on Friday.


The Philippine government, the group also pointed out, has been issuing appeals 
on behalf of Filipinos on death row in other countries.


"[Reviving the death penalty would] undermine the country's strong track record 
of advocating for the commutation of the death sentences imposed on Filipino 
nationals abroad, such as overseas 

[Deathpenalty] death penalty news----TEXAS, FLA., NEV., USA

2016-11-27 Thread Rick Halperin






Nov. 27




TEXAS:

Death penalty, the mentally disabled at issue for justices


The U.S. Supreme Court is set to examine whether the nation's busiest state for 
capital punishment is trying to put to death a convicted killer who's 
intellectually disabled, which would make him ineligible for execution under 
the court's current guidance.


Lawyers for prisoner Bobby James Moore, 57, contend that the state's highest 
criminal court, the Texas Court of Criminal Appeals, ignored current medical 
standards and required use of outdated standards when it decided Moore isn't 
mentally disabled. That ruling removed a legal hurdle to Moore's execution for 
the shotgun slaying of a Houston grocery store clerk in 1980.


The Texas court is a "conspicuous outlier" among state courts and "defies both 
the Constitution and common sense," Clifford Sloan, Moore's lead lawyer, told 
the justices in written briefs submitted ahead of Tuesday's scheduled oral 
arguments. Such a "head-in-the-sand approach ... ignores advances in the 
medical community's understanding and assessment of intellectual disability 
over the past quarter century," he wrote.


Moore's lawyers want his death sentence set aside, contending his punishment 
would violate the Constitution's ban on cruel and unusual punishment and the 
Supreme Court's 2002 ruling in a North Carolina case that prohibited execution 
of the mentally disabled.


The Texas attorney general's office says the state "fully complies" with 
Supreme Court precedents. The state points to its use of 1992 clinical 
definitions for intellectual disability as cited by the high court in its 2002 
decision. And the office says it has consulted and considered more recent 
standards.


The question before the high court "rests on a false premise," Texas Solicitor 
General Scott Keller said, arguing that Moore's claim of intellectual 
disability is refuted "under any relevant standard."


Two years ago, the Supreme Court ruled unconstitutional a Florida law that 
barred any other evidence of intellectual disability if an inmate's IQ was over 
70. Texas uses a 3-pronged test to define intellectual disability: IQ scores, 
with 70 generally considered a threshold; an inmate's ability to interact with 
others and care for him or herself; and whether evidence of deficiencies in 
either of those areas occurred before age 18.


The state says Moore had a troubled childhood with little supervision and 
scored 57, 77 and 78 on IQ tests before dropping out of school in the 9th 
grade. He'd been convicted 4 times of felonies by age 17 but never was 
diagnosed with an intellectual disability as a youth, the state argues.


It describes him as living on the streets, playing pool for money and mowing 
lawns. During the fatal robbery of 72-year-old Houston supermarket clerk James 
McCarble, Moore wore a wig and fled to Louisiana afterward, and had represented 
himself in legal actions, showing the required intellectual capabilities, the 
state contends.


Moore's lawyers argue the state "cherry-picked" specific higher IQ scores, and 
that at age 13 Moore had no basic understanding of the days of the week or 
seasons of the year, couldn't tell time and couldn't read or write or keep up 
in school.


Since the Supreme Court allowed capital punishment to resume in 1976, Texas has 
carried out 537 executions, far more than any other state. Moore arrived on 
death row in July 1980, and only 5 of the state's some 250 condemned inmates 
have been there longer.


In 1999, an appeals court threw out his death sentence, ruling that the legal 
help at his trial was deficient. At a new punishment hearing 2 years later, a 
Harris County jury again sentenced him to die.


In an appeal of that verdict, the Court of Criminal Appeals returned the case 
to the trial court for a hearing, where the judge decided Moore was mentally 
disabled and ineligible for execution. But the appeals court rejected that 
recommendation, saying the trial judge had disregarded case law. 8 of the 
appeals court's 9 members participated in the case, and 2 of them disagreed 
with the majority.


(source: Associated Press)






FLORIDA:

Anti-death penalty event planned for Wednesday in St. Augustine


Less than a year after a St. Johns County priest was found shot to death in 
Georgia, parishioners and officials from the Catholic Diocese of St. Augustine, 
as well as other community members, will gather to say that no one convicted of 
a violent crime should ever be put to death.


The 1-hour, anti-death penalty event, billed as Cities for Life and co-hosted 
by Equal Justice USA, will be held at the Shrine at Mission Nombre de Dios at 
101 San Marco Ave. on Wednesday at 6:30 p.m.


Father John Gillespie, pastor at San Sebastian Church, told The Record last 
week that the event wasn't necessarily planned in response to the death of his 
friend, Father Rene Robert.


But the topic, he said, has taken on a greater meaning since Georgia