[Deathpenalty] death penalty news----worldwide

2017-03-22 Thread Rick Halperin





March 22





BANGLADESH:

Ready to execute Mufti Hannan after receiving government order, says IG Prisons


Jail authorities say they are prepared to carry out the death sentences of 
Harkat-ul Jihad al-Islami (HuJI) chief Mufti Hannan and his two accomplices as 
soon as they get the government order.


"We are yet to receive the executive order to carry out the death sentences. 
The prison authorities, however, are always ready for the execution," Inspector 
General of Prisons Brig Gen Syed Iftekhar Uddin told a media briefing on 
Wednesday.


Mufti Hannan and 2 other HuJI activists, Sharif Shahedul Alam alias Bipul and 
Delwar Hossain alias Ripon have been awarded the death penalty for the 2004 
grenade attack on the then UK envoy in Sylhet.


HuJI leader Mufti Hannan and Bipul are being kept at the Kashimpur High 
Security Prison in Gazipur while Ripon is lodged at the Sylhet Central Jail.


On Tuesday, the Supreme Court published the verdict, rejecting their petitions 
for review of their sentences, which was read out to them on Wednesday.


After losing the last legal option, the 3 are now left with the only option of 
seeking presidential clemency by admitting guilt.


Kashimpur prison authorities said Mufti Hannan and Bipul hinted at seeking 
clemency while convict Ripon told Sylhet jail officials that he will give a 
decision later.


According to the jail code, they will now get 7 days to petition for pardon.

If the president rejects their pleas, the government will fix a date and prison 
authorities will start the process to execute the verdict.


In May 2004, then British High Commissioner Anwar Choudhury came under a 
grenade attack while coming out of the Hazrat Shahjalal's shrine in his 
hometown Sylhet.


Police's Assistant Sub-inspector Kamal Uddin died instantly. Constable Rubel 
Ahmed and one Habil Miah succumbed to their injuries in a hospital later.


The envoy was injured along with nearly 40 employees of the Sylhet district 
administration.


In December last year, the Appellate Division upheld their death sentences.

The trial court had sentenced 2 others to life imprisonment, who moved the High 
Court but failed to secure a verdict in their favour. Their sentences are 
upheld as they did not challenge it at the Appellate Division.


(source: bdnews24.com)



Immediately Suspend Imminent ExecutionsIssue Moratoriums on Death Sentences 
as Inhumane Punishments



The Bangladesh government should immediately halt the imminent execution of 3 
men convicted of a May 2004 grenade attack, which targeted the then British 
High Commissioner, Anwar Choudhury. Chowdhury survived the attack that took 
place outside the Hazrat Shahjalal shrine in Sylhet district, but was among 
dozens injured by the blasts. 3 police officers were killed.


On March 19, 2017, the country's apex court rejected the final review 
application of the 3 men on death row, all alleged members of the banned 
militant group Harkat-ul-Jihad (HuJI). The 3 men are: Mufti Abdul Hannan, HuJI 
founder, and 2 activists in the group, Sharif Shahedul Alam Bipul and Delwar 
Hossain Ripon.


"Criminals need to be punished, but Bangladesh is moving in the wrong direction 
by invoking the death penalty," said Brad Adams, Asia director. "Bangladesh 
should instead initiate an immediate moratorium on capital punishment because 
it is inherently cruel and irreversible, and should never be used, regardless 
of the crime."


The evidence against the three men is primarily based on their confessions, 
statements that magistrates say were freely given in front of them but that the 
men have said were forcibly extracted through torture in police custody. Human 
Rights Watch has previously documented numerous cases of torture to coerce 
confessions, and due process violations in the Bangladesh criminal justice 
system that have made it difficult for defendants to receive a fair trial, 
including in capital cases.


Noting that "custodial torture has become a persistent trend in Bangladesh," 
the country's National Human Rights Commission recently said that, 
"Indiscriminate order of remand for extracting confessions immensely 
contributes to a culture of custodial torture."


Court documents show that Hannan had spent 77 days, and Bipul and Ripon 40 days 
each, in police custody prior to giving their confessions. During this time and 
throughout their interrogation, the accused were not provided access to any 
legal representation. All 3 confessions were made during this period.


Bangladesh courts have accepted allegations in previous cases that torture 
takes place in police custody, and local, and international human rights 
organizations contend that the practice is widespread. Nevertheless, the 
appeals court stated that, "These confessions are natural, voluntary, 
inculpatory, and corroborative to each other," and were not "procured from them 
by means of coercion, duress, or torture."


The United Nations 

[Deathpenalty] death penalty news----worldwide

2017-03-22 Thread Rick Halperin





March 22



BELARUS:

1st death sentence in 2017


FIDH and its member organisation in Belarus Human Rights Centre "Viasna" 
denounce the first death sentence in 2017 and regret the Belarusian authorities 
continue to ignore calls to render Europe a death penalty-free zone.


On 17 March 2017, 32-year-old Aliaksei Mikhalenya was sentenced to death by the 
Gomel Regional Court of Belarus for 2 murders committed with particular 
cruelty. Although Aliaksei Mikhalenya has the right to appeal the sentence in 
Supreme Court in Belarus, the appeal court rarely commutes death sentences and 
the chances to get the Presidential pardon are illusionary, as revealed in the 
joint FIDH-HRC report "Death penalty in Belarus: Murder on (Un)Lawful Grounds". 
As the report demonstrates, throughout investigation and trial, 
self-incrimination is used by the prosecution as the main evidence of guilt, 
whilst the right to an effective legal defence is systematically violated. In 
general, the application of death penalty in Belarus is accompagnied by severe 
human rights violations at each stage of the judicial proceedings and during 
detention.


"The UN has confirmed the violation of the right to life in 6 decisions 
concerning the use of death penalty in Belarus. The application of capital 
punishment is an indicator of authorities disrespect of international human 
rights bodies and human rights in general", commented Florence Bellivier, 
former President of the World Coalition Against the Death Penalty.


Furthermore, considerable secrecy surrounds the application of death penalty in 
Belarus. Information concerning the death penalty is withheld from the general 
public, whilst information on detention conditions for death convicts and 
execution procedures is not publicly available. The exact number of persons 
convicted to death and executed in Belarus is unknown. The families of death 
convicts are neither informed in advance of the date of the execution, nor 
immediately thereafter, the body is never handed over to relatives and the 
location of the burial site is kept secret.


"The name of Aliaksei Mikhalenya was held secret until yesterday when human 
rights defenders communicated his identity. Withholding the identity precludes 
us from providing legal aid to the person concerned and to his family", said 
Andrei Paluda, coordinator of the campaign "Human rights defenders against the 
death penalty in Belarus".


Belarus is the only country in Europe that applies death penalty. For the 
duration of negotiations around EU restrictive measures against Belarusian 
officials and businesses, the executions had been on hold. However, upon the 
lifting of sanctions in February 2016, executions resumed and by December 2016 
reached their highest number since 2008: 4 convicts executed in secrecy in 
2016.


Being a founding member of the World Coalition against the Death penalty, FIDH 
and its member organisation HRC "Viasna" urge the EU and other actors to use 
all leverages at their disposal to put an end to the capital punishment in 
Belarus.


(source: FIDH)






PHILIPPINES:

When politics and principles clash on the death penalty


18 lawmakers who voted no to the RH bill under the 15th Congress voted yes to 
the death penalty measure under the 17th Congress. How did the Church mobilize 
against the 2 controversial measures?


PART 1: What happened behind closed doors to the death penalty bill?

Somber-looking nuns seated at the House of Representatives' plenary hall could 
only look from afar when 217 lawmakers gave their approval to reimpose the 
death penalty for drug convicts.


Under any other circumstances, the overwhelming number who voted for the return 
of capital punishment may have been surprising for the Philippines, a 
predominantly Catholic country.


But not during the time of President Rodrigo Duterte, who openly said Catholic 
bishops are "full of shit" as he accused them of corruption and indulging in 
sexual escapades.


Duterte, who has not been mincing words against the Church, continues to enjoy 
strong support from the poor even as his bloody war against drugs has resulted 
in more than 7,000 deaths since July 2016.


The President also has the backing of at least 267 lawmakers allied with the 
majority bloc, whose party whips made sure the controversial death penalty 
measure - House Bill (HB) Number 4727 - would be passed on 3rd and final 
reading on March 7.


Lawmakers and political analysts alike were not surprised when legislators who 
thumbed down the Reproductive Health (RH) bill in the 15th Congress gave their 
thumbs up to the death penalty in the current 17th Congress.


Is there even a Catholic vote under the administration of Duterte?

Principled voters?

There were a total of 18 lawmakers who voted no the RH bill but said yes to the 
death penalty bill.


The RH bill waited for 14 years before lawmakers in the 15th Congress, in a 
close vote of 133-79-7, approved it on 3rd 

[Deathpenalty] death penalty news----ARK., NEV., CALIF., USA

2017-03-22 Thread Rick Halperin






March 22



ARKANSASimpending executions

State hunting for volunteers to witness April's 8 executions


A shortage of required citizen witnesses to watch 8 lethal injections over a 
10-day period next month prompted the state prison director Tuesday to call on 
Rotary Club members to volunteer.


Citizen witnesses are there to verify that the individual executions are 
carried out according to law. A volunteer must be at least 21 years old, an 
Arkansas resident, have no felony criminal history and have no connection to 
the inmate or to the victim.


"The last times these were set, we actually did not have enough people 
volunteer," Department of Correction Director Wendy Kelley told Little Rock 
Rotary Club 99 members. "You seem to be a group that does not have felony 
backgrounds and are over 21. So if you're interested in serving in that area, 
in this serious role, just call my office."


The 8 executions are scheduled two at a time beginning April 17 and ending 
April 27.


Department of Correction spokesman Solomon Graves said he does not have a 
current count on the number of citizen witnesses who have signed up for the 
role. Kelley is making informal inquiries to find more volunteers, he said.


"Depending on the response received, further recruitment may not be necessary," 
Graves said.


The state's death penalty law, A.C.A. 16-90-502, Section 3, requires that the 
prison director procure no fewer than six and no more than 12 citizen witnesses 
for each execution. Kelley must determine that witnesses meet the requirements 
and that they do not present a security risk.


Graves said that while the legal requirement pertains to each individual 
execution, "nothing prohibits a witness from service during multiple 
executions."


Judd Deere, spokesman for Attorney General Leslie Rutledge, said he could not 
speculate about the impact on the execution schedule if a sufficient number of 
citizen witnesses can't be found.


As the execution day approaches, "the attorney general will work in 
consultation with the governor and the Department of Correction director to 
make sure the law is followed as far as executions being carried out," Deere 
said.


Graves would not say whether the lack of witnesses would halt or postpone the 
executions, only that Kelley would "continue her informal recruitment efforts."


Finding volunteers among members of the Little Rock Rotary Club 99 may be 
difficult, said Bill Booker, acting president of the club.


"What I suspect is that some people might support the death penalty, but when 
it comes to witnessing something like that, it's a different story," Booker 
said Tuesday. "It may cause emotional trauma for quite a while. It would be one 
of the most significant things you'll ever see in your life."


Booker, a funeral director at Roller Funeral Home in Little Rock, said he will 
not volunteer for the task.


"It's a lot different to be involved after the death has occurred," Booker 
said, adding that he vividly remembers stopping to help at the scene of a fatal 
traffic accident 40 years ago and helping a young man as he was dying.


Viewing an execution would be too much for him, he said.

"At this point in my life, I don't know if I'd want to risk being traumatized 
by it," Booker said. "That doesn't mean that I oppose the death penalty."


Rotarian Charlotte Gadberry said she has no interest in volunteering as a 
citizen witness.


"I can't imagine she [Kelley] will get a lot of volunteers," Gadberry said. "I 
don't think I could handle it. I'm not real sure how I feel about the death 
penalty, but it seems like there should be a better way of treating our fellow 
man."


Rotarian Karen Fetzer said she would not witness an execution but that Kelley 
may find some volunteers in the Rotary Club 99 crowd.


"It's just a personal preference for me," Fetzer said. "But there are others in 
our population who may be up for it."


None of the handful of Arkansas residents interviewed Tuesday by the 
Democrat-Gazette said they would volunteer for the assignment.


Charles Moore of Camden, who served 2 tours during the Vietnam War, said he's 
seen enough death in his lifetime.


"I stacked bodies on top of each other in Vietnam," said Moore, a retired 
disabled veteran who operates the Camden nonprofit children's foundation 
Planting A Seed. "I don't believe in an eye for an eye."


The subject spurred an argument between Jayme Hickman of Little Rock and her 
mother, Linda Fitzhugh, of Sheridan as they were sitting on a hill in the River 
Market District in Little Rock watching Hickman's two children play.


"No," Hickman said, shaking her head. "I don't agree with killing a person. 
Both families lose in that situation."


Fitzhugh interrupted by directing Hickman's gaze to the 2 children.

"What would you do if they hurt your daughters? They should execute them," 
Fitzhugh said loudly. "We don't need to be taking care of them with taxpayers' 
money."


In 

[Deathpenalty] death penalty news----TEXAS, VA., GA., FLA., ALA.

2017-03-22 Thread Rick Halperin






March 22



TEXAS:

Fill gaps in capital case trial lawyers


The shrinking list of lawyers qualified to handle the growing list of capital 
murder defendants in Bexar County does not bode well for the criminal justice 
system.


With 68 capital murder cases pending and only 11 lawyers living in the county 
who meet the minimum requirement to represent indigent defendants who might end 
up on death row, the likelihood is high that many of those cases will not be 
resolved soon.


Most defendants charged with capital murder are at the mercy of the criminal 
justice system for their legal defense. They generally lack the financial means 
to hire legal counsel or post bond.


That means those accused of capital murder in Bexar County will spend a long 
time in the local lockup awaiting their day in court. It also means a long wait 
for resolution by the families of the victims in those cases.


Usually, 2 lawyers are assigned to each capital murder case. Texas law requires 
those assigned as lead lawyers in capital murder cases to have spent 5 years 
doing criminal law work; have experience challenging mental health or forensics 
experts in court; and be skilled at presenting mitigating evidence to a jury.


The rules are well intentioned given the growing number of death row inmates 
across the country who have been exonerated. In Texas alone, 12 people have 
been released from death row since 1973.


The problems with the strict appointment guidelines is that they do not allow 
the assignment of former prosecutors who may have tried capital murder cases or 
former judges who may have presided over such cases.


Lawyers on the list of candidates qualified to handle capital murder cases in 
Bexar County are vetted by a local selection committee, but the group of 
veteran lawyers and jurists serving on it are strictly bound by the state 
regulations.


Attempts by the Bexar County judiciary to broaden the rules to allow former 
prosecutors and judges to qualify for the appointments have met with stiff 
opposition at the state level.


The issue needs to be addressed.

Burdening a small group with the defense of the most serious of felonies is a 
disservice to the lawyers and their clients.


The cases can be emotionally and physically grueling on the defense team. The 
sheer number of cases each lawyer is handling makes a strong case for an appeal 
based on ineffective assistance of counsel.


The shortage of lawyers to handle capital murder defense work is not unique to 
Bexar County. Express-News Staff Writer Bruce Selcraig reports that other 
jurisdictions are experiencing the same situation.


Establishing a public defenders office that would include lawyers who are 
experienced in capital murder defense is an expensive proposition. The same can 
be said for hiring defense lawyers from out of town to tackle the caseload.


The fee paid to court-appointed lawyers in capital murder cases is only $150 an 
hour for actual trial work, but the costs add up quickly for taxpayers footing 
the bill. If lawyers are brought in from out of town, there is the added cost 
for travel, lodging and meals.


The number of death sentences in Texas has been steadily declining since life 
without parole became a sentencing option. It has gone from 48 people sent to 
death row in 1999 to only 4 in 2016.


Lack of eligible lawyers to handle capital murders defense work could bring 
those numbers down further.


If that was the intent behind the strict rules on the criminal defense 
appointments, then let's be upfront about it and start a serious discussion on 
the future of the death penalty in Texas.


If not, the stressful workload piled on the few attorneys qualified to 
represent capital murder defendants needs to addressed.


It is simply unacceptable that defendants without financial means have limited 
access to defense lawyers in capital cases. The list of available attorneys 
needs to be broadened.


(source: Editorial Board, San Antonio Express-News)






VIRGINIAimpending execution

'Innocent on Death Row' event calls on McAuliffe to issue a stay of execution 
for man convicted of murder-for-hireIvan Teleguz execution date set for 
April 25



Over 200 students gathered in Clark 107 Monday to listen to attorney Elizabeth 
Peiffer make the case that Ivan Teleguz - a death row inmate convicted of 
hiring a man to murder his ex-girlfriend and who is set to be executed on April 
25 - is innocent.


"He was charged with hiring someone to murder the ex-girlfriend and mother of 
his child, Stephanie Sipe," Peiffer, a staff attorney at the Virginia Capital 
Representation Resource Center, said in an interview with The Cavalier Daily 
prior to the event. "After he was convicted a lot of evidence began to emerge 
that he was innocent of the murder."


The murder took place in July 2001 in Harrisonburg. Teleguz is alleged to have 
hired and driven 2 men - Edwin Gilkes and Michael Hetrick - from Lancaster, 
Penn.