[Deathpenalty] death penalty news----worldwide

2019-05-27 Thread Rick Halperin






May 27



JORDAN:

Death sentence for 2 connected to Karak terror cell upheld



The Court of Cassation upheld a February State Security Court (SSC) ruling, 
sentencing 2 men to death in connection with the Karak terror cell case that 
resulted in the death of 10 people in Karak Governorate in 2016.


In November, the SSC sentenced the two defendants to death, but decided 
immediately to reduce the sentence to life in prison, because “the 2 men were 
young and deserved a 2nd chance in life”.


However, the Court of Cassation overturned the verdict a few months later, 
asking the SSC to sentence the 2 defendants to death.


“The defendants should not benefit from any penalty reductions because their 
actions caused fear, terror and chaos among Jordanians and tourists and caused 
multiple deaths,” the higher court ruled.


In February, the SSC adhered to the Court of Cassation’s request and handed the 
2 defendants the death penalty.


8 other defendants received prison terms ranging from 3 to 15 years in prison 
for their role in the terror attack that also left 34 people injured.


The defendants were standing trial on charges of plotting subversive acts that 
led to the death of people, manufacturing explosives, financing terrorist acts 
and joining armed terrorist groups.


The victims included 7 security personnel, 2 Jordanian civilians and a Canadian 
national.


The charge sheet said that the defendants plotted to carry out terrorist acts 
around Jordan and started by attacking a police patrol in Karak Governorate, 
140km south of Amman, followed by an attack on a police station and a shootout 
at Karak Castle.


Some of the security forces were killed as they attempted to arrest some of the 
group’s members in Karak, while the 2 citizens and the Canadian were killed 
during shootouts between the defendants and security forces, according to the 
charge sheet.


The defendants did not contest the death sentence imposed on them by the SSC in 
February.


Meanwhile, the higher court ruled that the SSC followed the proper proceedings 
when issuing a new sentence against the defendant and they deserve the death 
penalty.


The Court of Cassation judges comprised Mohammad Ibrahim, Naji Zu’bi, Yassin 
Abdullat, Nayef Samarat and Hamad Ghzawi.


(source: The Jordan Times)








IRAQ:

Iraq sentences 4th French Daesh fighter to death



An Iraqi court on Monday condemned a 4th French citizen to death for joining 
the Daesh group, despite France reiterating its opposition to capital 
punishment.


Mustapha Merzoughi, 37, was sentenced to death by hanging, according to an AFP 
journalist at the court.


In recent months Iraq has taken custody of thousands of extremists including 
foreigners captured in neighboring Syria by the US-backed Syrian Democratic 
Forces (SDF) during the battle to destroy the IS “caliphate.”


Among them are 12 French citizens, three of whom — Kevin Gonot, Leonard Lopez 
and Salim Machou — were handed death sentences Sunday by a Baghdad court in a 
first for French extremists.


They have 30 days to appeal.

The trials have been criticized by rights groups, which say they often rely on 
evidence obtained through torture.


They have also raised the question of whether suspected Daesh militants should 
be tried in the region or repatriated, in the face of strong public opposition 
at home.


France has long insisted that its adult citizens captured in Iraq or Syria must 
face trial locally, refusing to repatriate them despite the risk they face 
capital punishment for waging their jihadist war in the region.


Paris on Monday reiterated its opposition to the death penalty, saying it would 
take “the necessary steps” to prevent Iraq from carrying out capital punishment 
against its citizens.


“France is opposed in principle to the death penalty at all times and in all 
places,” the foreign ministry said in a statement.


“The evidence and the confession show that you joined the Daesh group, that you 
worked in its military branch,” the judge told Merzoughi on Monday before 
handing down his sentence.


Wearing a yellow prison uniform, Merzoughi said he was “not guilty of crimes 
and killings” but simply of traveling to Syria.


“I ask for forgiveness from the people of Iraq, Syria, France and the families 
of the victims,” he said.


Merzoughi told investigators he had served in the French army from 2000 to 
2010, including a tour in Afghanistan in 2009.


In France, he lived in the southwestern city of Toulouse, the hometown of 
brothers Fabien and Jean-Michel Clain who claimed the deadly 2015 attacks in 
Paris and were killed fighting in Syria. Passing through Belgium and then 
Morocco, the French citizen with Tunisian roots underwent “religious and 
military training in Aleppo,” in northern Syria.


He allegedly told investigators previously that he pledged allegiance to a 
masked Daesh leader in Mosul, claiming that many senior jihadists worried about 
being “recognized or ide

[Deathpenalty] death penalty news----TEXAS

2019-05-27 Thread Rick Halperin





May 27



MAY 27, 2019:





TEXAS:

Despite bipartisan support, Texas bill tackling intellectual disability in 
death penalty cases failsNegotiators in the House and Senate couldn't come 
to an agreement on a bill addressing how Texas handles capital murder 
defendants who may be intellectually disabled. In 2002, the U.S. Supreme Court 
ruled that executing people with intellectual disabilities amounts to cruel and 
unusual punishment.




A bill aimed at ending Texas' years of legal troubles around ensuring it is not 
administering the death penalty on people with intellectual disabilities died 
in the Texas Legislature this weekend after negotiators in the Senate and House 
failed to find common ground. The legislative session ends Monday.


House Bill 1139, by state Rep. Senfronia Thompson, D-Houston, was originally 
written to allow capital murder defendants to request pretrial hearings to 
determine if they are intellectually disabled and therefore ineligible for the 
death penalty. If the trial judges found they were intellectually disabled, 
they would be ineligible for a death sentence and instead receive an automatic 
sentence of life in prison without the possibility of parole if convicted.


As the bill moved through the Senate, however, it was largely gutted, instead 
only stating that a defendant who has an intellectual disability can’t receive 
the death penalty and such determinations must be made using current medical 
standards. That language would have codified existing U.S. Supreme Court 
rulings but offered no direction on how to follow them.


Earlier this week, when the bill came back from the Senate amended, Thompson 
requested a conference committee in which members from both chambers could iron 
out the differences between the two versions. The committees had until midnight 
Sunday to file a report with a compromise version. The deadline passed without 
a report.


Thompson’s original version of HB 1139 passed out of the Texas House in an 
102-37 vote and was supported by members of both parties. She could not be 
reached for comment Saturday night.


In 2002, the U.S. Supreme Court ruled that executing people with intellectual 
disabilities amounts to cruel and unusual punishment, but left it up to states 
to determine the definition of such disabilities. Texas has never passed 
legislation to regulate the process, leaving it up to courts to decide if a 
defendant is eligible for the death penalty.


However, Texas courts have still run into trouble with the higher court because 
of a test some judges have implemented to determine if a defendant is eligible 
for the death penalty. In 2017, the U.S. Supreme Court struck down the Texas 
Court of Criminal Appeals’ process as unconstitutional in a case involving 
Bobby Moore, ruling that it used outdated medical standards and non-clinical 
factors that advanced stereotypes, like how well a defendant could lie. The 
Texas court was asked to re-evaluate Moore using different methods. The court’s 
revised method, which still rejected Moore’s claim of intellectual disability, 
was again knocked down by the U.S. Supreme Court earlier this year.


“There’s a disconnect between the U.S. Supreme Court and our court down here,” 
Thompson told the Tribune earlier this year. “We just want to make sure that 
we’re doing justice, that we’re following the law.”


State Sen. Joan Huffman, a Houston Republican who is vice-chair of the Senate's 
Criminal Justice Committee, opposed the version of the bill that passed the 
House, questioning whether the pretrial process would allow “activist judges” 
who were against the death penalty to use it as a way to limit capital 
punishment. State Sen. Borris Miles, a Houston Democrat who carried the bill in 
the Senate, later presented the much more limited version of the bill, which 
passed out of that chamber.


“As the legislation moved, I worked with my fellow members in the Senate 
Criminal Justice Committee and passed a version of the bill to continue the 
discussion in a conference committee where we could craft language that would 
respect the US Supreme Court rulings,” Miles said in a statement Saturday 
night. “Unfortunately, the leadership would not allow HB 1139 to move forward, 
dooming the bill.”


A spokesperson for Lt. Gov. Dan Patrick did not immediately respond to 
questions on the bill.


State Rep. Joe Moody D-El Paso, a member of the conference committee, said that 
the House members on the committee attempted to use the report to advance two 
other death penalty-related bills when it became clear that the Senate was not 
going to support addressing the issue of ensuring that Texas isn't executing 
people with intellectual disabilities.


The 1st, House Bill 1030, would clarify instructions to a jury when they are 
deciding whether to give a defendant the death penalty of life in prison. The 
2nd, House Bill 464, would allow evidence appeals that could lessen 
punishments, like a