[Deathpenalty] death penalty news----worldwide

2019-10-11 Thread Rick Halperin






Oct. 11



BELARUS:

Yet again: EU calls on Belarus to abolish death penalty



On October 10, the European and World Day against the Death Penalty, Federica 
Mogherini, EU High Representative for Foreign Affairs and Security Policy, and 
Marija Pejcinovic Buric, Secretary General of the Council of Europe, have made 
a joint statement.


According to the top EU officials, 142 countries, representing 74% of the UN 
member states, have already stopped using the death penalty, either by removing 
it from their penal code or not carrying out executions for a long time. The 
abolitionist trend is continuing, with the number of death sentences and 
executions also falling.


In 2018, executions were carried out in 20 countries, representing a historic 
low of 10% of the countries of the world, they state.


The Council of Europe member states which have not yet acceded to Protocols No 
6 and 13 to the European Convention on Human Rights are called upon to do so 
without delay, the EU representatives stress.


“The Council of Europe and the EU once again urge Belarus to abolish the death 
penalty and join the community of nations that have chosen to replace vengeance 
with human dignity. They also invite those observers to the Council of Europe 
who have not yet abolished death penalty to engage in dialogue on the obstacles 
blocking their path towards abolition,” the statement reads.


Christina Johannesson, Sweden’s Ambassador in Minsk, has supported the 
campaign:


Belarus remains the only country in Europe that still applies capital 
punishment. The West has repeatedly called on the Belarusian authorities to 
join a global moratorium as a 1st step towards the abolition of death penalty.


The exact number of executions in Belarus is unknown, but local human rights 
defenders and journalists have worked tirelessly to uncover some information 
about death sentences and executions. According to the Ministry of Justice of 
Belarus, 245 people were sentenced to death from 1994 to 2014. Human rights 
NGOs believe that around 400 people have been executed since the country gained 
its independence in 1991; president Alyaksandr Lukashenka granted a pardon to 
only 1 convict.


(source: belsat.eu)








FRANCE:

United Nations - World Day against the Death Penalty (10 October 2019)



On the 17th World Day against the Death Penalty, France reaffirms its 
opposition to the death penalty everywhere and in all circumstances and 
encourages all states that still apply the death penalty to establish a 
moratorium on it with a view to its definitive abolition.


France welcomes the adoption in January of the annual UN General Assembly 
resolution calling for a universal moratorium on the death penalty, supported 
by a record 121 states.


The French presidency of the Committee of Ministers of the Council of Europe, 
in conjunction with the city of Strasbourg, is hosting a conference today to 
mobilize support for the abolition of the death penalty, the almost complete 
elimination of which on the European continent remains one of the Council of 
Europe’s greatest successes.


(source: diplomatie.gouv.fr)








SPAIN:

Government Reiterates Opposition To Death Penalty



October 10 is World Day and, since 2007, European Day Against the Death 
Penalty. The Government of Spain reiterated Thursday its opposition to the 
death penalty on this 17th World Day.


There has been a global trend towards abolition for some decades now. At 
present, more than two thirds of countries do not enforce the death penalty, 
according to the Spanish government.


In a statement, the Spanish government said the fight against the death penalty 
will remain a priority of Spanish foreign policy, in conjunction with other 
European Union countries and the 22 countries that make up the Support Group of 
the International Commission against the Death Penalty.


The Government of Spain said it will continue to urge governments of 
retentionist States to limit cases in which it is applied and urge a moratorium 
with a view to its definitive abolition. And it will urge those countries that 
have presented draft laws to reinstate it to withdraw such draft laws and 
maintain abolition, thus respecting the absolute human right to life.


Spain took part in the 7th World Congress against the Death Penalty, held in 
Brussels in February this year. In December 2018, 121 member States of the 
United Nations voted in favor of the resolution of the General Assembly in 
favour of a moratorium. The government said it will continue to promote 
abolition at multilateral forums, particularly in its current role as a member 
of the Human Rights Council of the United Nations.


Spain will continue to support the International Commission against the Death 
Penalty, based in Madrid and founded in 2010 upon an initiative of the 
Government of Spain, as well as multilateral and civil society initiatives that 
are aimed towards universal abolition.


(source: 

[Deathpenalty] death penalty news----worldwide

2019-10-11 Thread Rick Halperin





Oct. 11




GHANA:

Re-consider constitutional review on abolishing death penalty-High Commissioner



Mr Andrew Barnes, the Australian High Commissioner to Ghana has called on 
government to reconsider the recommendations made by the Constitutional Review 
Committee in 2010 to abolish the death penalty.


He said death penalty was irrevocable and if the convict was later found 
innocent, it would be a miscarriage of justice that cannot be rectified.


Mr Barnes was speaking at a stakeholder engagement on the abolition of death 
penalty in Ghana to mark the World Day Against Death Penalty.


It was jointly organised by the Australian High Commission, French Embassy and 
the Amnesty International Ghana.


This year’s theme was “Children: unseen victims of the death penalty”. 
Stakeholders including; representatives from security agencies, lawyers, 
government officials, Attorney General, Dr Isaac Annan, Director of Human 
Rights-CHRAJ, and Dr Evans Aggrey-Darkoh, Chief Director for Parliamentary 
Affairs.


He said since no legal system is free of error and as it had not been served as 
a deterrent, Australia abolished it in 1985 with the last execution being 1967, 
adding that in 2010, the Federal Government passed a legislation prohibiting 
the re-establishment of capital punishment by the Australian State or 
territory.


Since that time, he said it advocated its abolition across the world and as a 
member of the UN Human Rights Council for the 2018-20 term, Australians 
continued to support the course based on the fact that it removed possibilities 
of rehabilitation for the convict, brutalised society, degraded the citizenry 
and against human dignity.


The High Commissioner said though violent criminals needed to be punished, his 
country did not support capital punishment as it was not effective deterrent 
than long term or life imprisonment.


Above all, Australia considered it as unfair as it could be used against the 
vulnerable, the poor, as a political tool, minority groups and people with 
mental disabilities.


It has therefore called on government, among other countries to remove it from 
the constitution whether it carried out executions or not, stop its imposition 
on juveniles, pregnant women, mentally derailed and sign the second optional 
protocol to ICCPR, aimed at the abolition of death penalty.


Mr Samuel Agbotsey, Campaigns Coordinator, Amnesty International, Ghana said 
death sentence offered illusion of closure and vindication, but no act could 
bring back a loved one.


He said it rather had negative impacts on society, especially children of those 
executed or on death penalty such as stigma, which may be compounded by 
multiple forms of discrimination.


Such children are traumatised and lose self-esteem, experience stress, anxiety, 
lose concentration in school or drop-out and left out per the motto of the SDGs


Mr Agbotsey said their rights to freedom from violence, special protection and 
assistance when state action caused a child to be deprived of his or her family 
environment and rights to adequate standard of living was not fulfilled.


He cited that as at December 31, 2018, the Amnesty International Global Report 
statistics had 172 people sentenced to death penalty.


Madam Anne Sophie Ave the French Ambassador to Ghana sharing how France 
abolished it 38 years ago, said Ghana would also get with daring spirit, 
perseverance and courage.


Mr Martin Kpebu, a lawyer suggested that death penalty should be replaced by 
life imprisonment.


He said for now, Section 46 of Act 26 (Act of Parliament) should be amended not 
Article 13 because that is part of the fundamental human rights and it is 
entrenched which would require a referendum.


Participants called for extensive awareness, education, advocacy, social 
mobilisation, among others to drum home the topic before it would be abolished 
so that it would be owned by the citizenry.


They said in as much as children of convicts were considered, those of the 
murdered should not be left out.


(source: ghananewsagency.org)








KENYA:

Kenyan ex-death row prisoner campaigns against death penalty



A former death row prisoner has spoken out against capital punishment on the 
17th World Day against the death penalty, saying it deprives convicts of 
contrition. Pete Ouko was sentenced to death in Kenya for alleged murder in 
2001. Now free, he is fighting to end the death penalty everywhere.


Pete Ouko remembers the day he was sent behind bars.

"21 years ago, my wife was found killed outside a police station," he told RFI 
on Thursday as the world gathered to mark World Day Against the Death Penalty.


"I got a call about it, I went to the police station to be told what had 
happened. Some people decided to say I should be locked in, some people who 
were related to me. And that's the genesis of my being in prison," he said.


Ouko was charged with murder and sentenced to death, but has always mantained 
his 

[Deathpenalty] death penalty news----OKLA., N.NEX., CALIF.

2019-10-11 Thread Rick Halperin






Oct. 11



OKLAHOMA:

"It amounts to Torture:-- OK death row inmates to move out of solitary 
confinement, death penalty debate continues




47 inmates sit on Oklahoma's death row, and now some of them will get to move 
out of solitary confinement.


In a letter from the Department of Corrections to the ACLU, state leaders 
agreed to move death row inmates out of solitary confinement within 30 days.


"That's because it amounts to torture," ACLU attorney Megan Lambert said.

Lawyers at the ACLU are also working to reinstate religious services on death 
row.


"It did a lot for the morale and the environment down there. They said they 
prayed for the facility and noticed a drastic change once those services 
ended," Lambert said.


Meanwhile, a new effort to end the death penalty will spread through the halls 
of the state capitol this spring.


Representative Jason Dunnington announced Thursday that he'll introduce a 
bipartisan bill to end the practice in Oklahoma.


But work continues on a new protocol at the attorney general's office.

Attorney General Mike Hunter told News 4 in March that he was close to getting 
a nitrogen gas mask - the new method announced in March 2018.


"Manufacturers are concerned that there's going to be negative reaction," 
Hunter said.


In September 2015, Oklahoma's long history of executions unraveled when the 
execution of two inmate made headlines worldwide because officials had the 
wrong drugs.


While executions remain on hold to this day, the legal battle will continue 
when lawmakers return to 23rd and Lincoln.


"Our constitutional rights were not written for just the best of us," Lambert 
said.


Not all death row inmates will qualify to be removed from solitary confinement.

In their letter to the ACLU, officials at the Department of Corrections said 
they'd look at other changes to privileges if this plan goes smoothly.


News 4 asked the AG's office Thursday about the progress of the new execution 
protocol.


A spokesperson said there's no update.

(source: KFOR news)








NEW MEXICO:

NM man originally sentenced to death will now serve life in prison



A death row inmate had his sentenced reduced Thursday.

Timothy Allen will serve life in prison.

The decision was made following a New Mexico Supreme Court ruling that said the 
death sentence was too severe. Allen was originally sentenced to death before 
2009 when New Mexico repealed the death penalty.


Allen was convicted of killing, kidnapping and attempting to rape 17-year-old 
Sandra Phillips in 1994.


Allen wasn't seen in court Thursday. Instead, he was on the phone from behind 
bars during the hearing.


With the life sentence, Allen's lawyer said his client will likely die in 
prison. However, appeals are still in the works.


“It seems like it would be difficult for him to be released during his expected 
lifetime," Ray Twohig said.


The Phillips family said the continuous hearings are weighing on them.

"My mom has to keep going through this all the time," said Sandra's brother 
Dustin O'Brien. "This county has to keep going through this all the time. It’s 
(explative).”


(source: KOB-TV news)








CALIFORNIA:

California must take the final step by abolishing the death penalty



I do not believe in coincidence. Too many of the events along my journey from 
death row to exoneration were filled with deeper meaning.


In 1985, I was a 24-year-old honorably discharged Marine who was in the wrong 
place at the wrong time. I was arrested, convicted, and sentenced to die in 
Maryland for a crime I did not commit. Then in 1989, I got “The Blooding” by 
Jospeh Wambaugh from the prison library. It was a book about a new forensic 
breakthrough called DNA fingerprinting.


I later became the 1st person exonerated from a death sentence through the use 
of DNA evidence. In a bizarre twist of fate, I discovered that the true 
perpetrator of the crime had lived in a cell right below mine for years.


Today is World Day Against the Death Penalty. It is also California Gov. Gavin 
Newsom’s birthday. I believe it is very auspicious that these two events share 
a day.


It seems fitting for a man who has used his authority as governor to take the 
bold stand that “the intentional killing of another person is wrong,” and 
declare that as governor, he “will not oversee the execution of any 
individual.”


I am now the executive director of Witness to Innocence, an organization led by 
exonerated survivors of death row with similar stories to my own.


There are at least 166 of us, men and women who have been exonerated from death 
row in the U.S. since 1973. We are celebrating the 17th World Day Against the 
Death Penalty by wishing Gov. Newsom a very happy birthday.


We thank him for remembering our stories when he said “we’ve created a system 
that allows for innocent people to be put to death.” We don’t think that. We 
know that.”


We, the survivors of death row, also know that the problems with 

[Deathpenalty] death penalty news----TEXAS, FLA., ALA., OHIO, TENN.

2019-10-11 Thread Rick Halperin




Oct. 11




TEXAS:

The fight to save Rodney Reed from execution in Texas



In 1998, Rodney Reed, who is African-American, was sentenced to death by an 
all-white jury in Bastrop, Texas, for the rape and murder of Stacey Stites, a 
19-year-old white woman. He's scheduled to be executed on Nov. 20.


Reed, now 53, maintains his innocence. The only evidence used to convict him 
was DNA that Reed says was present because he and Stites were having a secret 
affair — a claim Stites's cousin corroborates. Reed's defense attorneys believe 
that further DNA tests of the crime scene could prove his innocence, but their 
requests have been denied, leading them to file a lawsuit in federal court. 
They also recently petitioned the U.S. Supreme Court to halt the execution, 
citing "new and comprehensive evidence for innocence."


Among the new pieces of evidence Reed's lawyers cite are statements from two 
witnesses who claim they have information that links Stites's then-fiancé, 
Jimmy Fennell, to the crime. Fennell, a former police officer in Giddings, 
Texas, was recently released from prison after serving 10 years for the 
kidnapping and assault of a woman. There were critical inconsistencies in 
Fennell's accounts of where he was and what he was doing the night of the 
murder.


One of the new witnesses who's come forward is a life insurance salesperson who 
said that while Fennell was applying for a policy he threatened to kill Stites 
if she ever cheated on him. The other witness, a sheriff's deputy in Texas's 
Lee County, said he overheard Fennell say to Stites' body at her funeral, "You 
got what you deserved." In addition, forensic experts who implicated Reed at 
trial have recanted, while forensic pathologists have said the prosecution's 
theory of Reed's guilt is medically and scientifically impossible.


That Reed is still on death row despite all the evidence casting doubt on his 
guilt is indicative of the larger issues around the death penalty — 
particularly as it pertains to race.


In the U.S., race is the single greatest predictor of who gets the death 
penalty, not the severity of the crime. Even though whites account for just 55 
% of murder victims nationwide, they account for 80 percent of murder victims 
in cases resulting in an execution. Those convicted of killing white victims 
are three times more likely to be sentenced to death than those convicted of 
killing non-white victims.


The disparities in who is executed are especially stark in Texas, which has the 
nation's third-largest death row population and accounted for more than 1/2 of 
all the executions in the U.S. last year. Of the states with more than 10 
people currently facing execution, Texas has the highest number of minorities 
on death row. While African Americans make up only 12.6 % of Texas's 
population, 43.9 % of its death row inmates are Black.


These statistics are particularly alarming when one considers that 166 people 
have been exonerated from death row. Of these, nearly 1/2 are Black, and nearly 
50 are Black men from the South.


Reed's family has organized a grassroots effort called the Reed Justice 
Initiative that is working to save Reed's life while also supporting families 
who are dealing with similar situations. Reed's cause also has help from the 
nationally recognized anti-death penalty activist Sister Helen Prejean and the 
Innocence Project, which has launched a petition seeking to halt his execution.


"The evidence supporting Reed's innocence is uncontradicted and undeniable, and 
without the Supreme Court's intervention, I fear the State of Texas may execute 
an innocent man," said Bryce Benjet, Reed's lawyer and senior staff attorney at 
the Innocence Project.


(source: Facing South)

**

New Podcast: Texas Lawyer James Rytting on Junk Science and the Execution of 
Larry Swearingen




In the latest episode of Discussions with DPIC, Texas capital defense lawyer 
James Rytting discusses the case of his client, Larry Swearingen, and the junk 
science that led to the execution of a man legitimate science strongly suggests 
was innocent. Rytting describes the false forensic analysis presented under the 
guise of science in Swearingen’s case, the appellate process that makes it 
“almost impossible” to obtain review of new evidence, and the persistent 
problem of wrongful convictions.


Larry Swearingen was executed on August 21, 2019 after multiple courts declined 
to review evidence supporting his innocence claim. In the interview, Rytting 
explains the problems with the prosecution’s “smoking gun,” a piece of 
pantyhose used to strangle the victim, Melissa Trotter. The prosecution told 
the jury that a matching piece of pantyhose had been found in Swearingen’s 
home. In reality, that supposedly matching piece of the pantyhose had not been 
discovered in 2 initial searches of Swearingen’s house. It was only “found” in 
a 3rd search of the residence after Trotter’s body was