[Deathpenalty] death penalty news----worldwide

2019-07-24 Thread Rick Halperin





July 24




CHINA:

China's top court vows death penalty to child sex offenders of serious cases



China's Supreme People's Court (SPC) announced Wednesday that criminals 
committing sexual assault against children that are "extremely vile in nature" 
and cause "extremely severe consequences" will be sentenced to death with no 
leniency.


The SPC published 4 typical cases concerning sex offenses against children, 
including the case of Wei Minghui who was recently executed for raping and 
killing a young girl. The 3 criminals involved in the other 3 cases have been 
given heavy punishments.


The crimes of sexual assault against children gravely damage the physical and 
mental health of children and seriously violate social ethics and morals, to 
which the SPC has always maintained a hard-line stance of zero tolerance, the 
SPC said.


Child sex offenders will be sentenced to heavier punishments within the limits 
of the prescribed punishments, according to the SPC.


Courts across the country concluded 8,332 cases of sex offenses against 
children from 2017 to June 2019, according to the SPC, adding that recent years 
have seen an increasing number of such cases due to the public's strengthened 
awareness of child protection and reporting cases immediately.


The Intermediate People's Court of Linyi in Shandong Province on Wednesday 
morning executed He Long, a criminal who raped young girls under the age of 14 
and forced them into prostitution, upon verification and approval of the SPC.


(source: xinhuanet.com)








SRI LANKA:

IBAHRI voices concern over potential reinstatement of the death penalty in Sri 
Lanka




The International Bar Association’s Human Rights Institute (IBAHRI) has sent an 
open letter to the President of the Democratic Republic of Sri Lanka, 
Maithripala Sirisena, to express serious distress over the intention to 
reinstate the death penalty and seek the execution of four individuals 
currently on death row for drug-related offences. Any execution would 
contravene a moratorium on the death penalty in Sri Lanka that has been 
maintained since 1976.


IBAHRI Co-Chair, the Hon Michael Kirby AC CMG, commented, ‘I am deeply saddened 
by President Sirisena’s decision to reverse on the 43-year long moratorium on 
the death penalty upheld by previous office-holders despite ample empirical 
evidence that the imposition of capital punishment has no deterrent effect on 
drug offenders. To proceed with the execution of those four individuals would 
stand in direct contravention with Sri Lanka’s international commitments under 
the International Covenant on Civil and Political Rights (ICCPR).


The imposition of the death penalty in cases other than those arising from the 
most serious of crimes is a violation of Article 6 (2) of the ICCPR, and as the 
United Nations Human Rights Committee has made clear, drug offences do not meet 
this threshold.’


Anne Ramberg Dr jur hc, IBAHRI Co-Chair, stated, ‘The death penalty constitutes 
a cruel, inhumane and degrading form of punishment, and it is regrettable that 
the Sri Lankan President has chosen to undermine the country’s long-standing 
commitment towards an abolitionist stance. I am also deeply troubled by the 
apparent arbitrariness in choosing the 4 individuals concerned, as reviving the 
death penalty would deprive them of their right to life and to equality before 
the law as guaranteed by the Constitution and in international law. The respect 
for both rights is a vital prerequisite for the maintenance of the rule of law 
in Sri Lanka – a value that should be specially protected by politicians in a 
country that has only recently emerged from internal conflict.’


The IBAHRI urges the President of Sri Lanka to refrain from reinstating the 
death penalty and, instead, to continue the long-standing moratorium and 
commute the penalties to a life sentence, thereby strengthening Sri Lanka’s 
commitment to the protection and fulfilment of all human rights, including the 
right to life and equality before the law.


(source: colombogazette.com)








INDIA:

Death Penalty for Rape of Kids is No Solution



Introducing the Protection of Children from Sexual Offences ,POCSO (Amendment) 
Bill, 2019 in Rajya Sabha yesterday Smriti Irani the Minister for Women and 
Child Development initiated a process that had been left unfinished in the last 
Parliament.


This Bill had been introduced in the 16th Lok Sabha but lapsed when its term 
got over.With an increasing number of cases being reported recently the Union 
Cabinet has now approved amendments to POCSO allowing death penalty for all 
cases of 'aggravated penetrative sexual assault' against children.


But high-lighting this aspect in every press release shows that the government 
is only pandering to the populist mood to satisfy public anger on a very 
sensitive issue. But when this was introduced initially as well child rights 
activists had called it counter productive.


They 

[Deathpenalty] death penalty news----TEXAS, FLA., OHIO, ILL., KY., MO., WYO., ORE., USA

2019-07-24 Thread Rick Halperin






July 24



TEXASdeath row inmate, foreign national, dies

Mexican national on Texas death row dies of cardiac arrest



After more than 2 decades on Texas death row, a Mexican national convicted of 
killing 3 teens in El Paso died in bed early Sunday of cardiac arrest, a prison 
spokesman confirmed.


Officials found 49-year-old Ignacio “Nacho” Gomez in his cell on the Polunsky 
Unit around 5:37 a.m. and took him to a Livingston hospital, where he was 
pronounced dead just over an hour later.


The 49-year-old had long suffered from mental illness, and spent much of his 
time behind bars in the prison psychiatric ward. According to his lawyer, he 
wasn’t competent to be executed.


(source: Houston Chronicle)



Exonerated death row inmate fulfills mission



14 years ago, I reviewed the innocence claim of Texas death row inmate Anthony 
Graves for the Judicial Process Commission in Rochester. I concluded that 
Graves’ claim was meritorious. I wrote about his case in “Justicia,” JPC’s 
newsletter.


Graves also asked me to help get his case more national attention.

“I want this case of injustice exposed on a national stage to bring attention 
to the serious flaws with the death penalty,” he said. “I feel very strongly 
that this is why I’ve been chosen to experience such injustice.”


On March 8, 2006, Graves wrote to me again: “I don’t know if you’ve heard, but 
the courts have overturned my conviction, and ordered the state to retry me or 
turn me loose. I’m totally speechless for the past several days. I’ve never 
prepared myself for a favorable ruling because I’ve been so used to receiving 
negative news. But they have finally gotten it right. And the opinion they’ve 
written speaks volumes about the prosecution’s conduct. I can’t believe it. My 
attorney said that the opinion is pretty much air tight and there’s no way the 
courts would ever accept an appeal from the state to review it. This is so mind 
boggling! It’s like a dream that I’m afraid to wake up to.”


On an August night in 1992, in Somerville, Texas, six people including 5 
children were beaten, stabbed, shot and left to die in a burning house. One of 
the children was the son of Robert Earl Carter. Four days earlier, Carter 
learned the child’s mother had filed a patrimony suit against him. The police 
investigation focused on Carter after he attended the victims’ funerals with 
bandages on his ears, face and hand, all concealing burns.


After failing a polygraph test, Carter admitted guilt. Not wanting to implicate 
his wife — who had a burn on her neck immediately after the fire — and pressed 
by police who doubted Carter committed the crime alone, Carter said Anthony 
Graves, his wife’s cousin, had helped him.


Carter, his wife and Graves all were indicted. Shortly before Graves’ trial, 
police had Carter undergo another polygraph test. Afterward, Carter told the 
district attorney that his wife was his accomplice and Graves was not involved. 
Nevertheless, Carter was warned that if he refused to testify against Graves, 
Carter’s wife would be tried for murder. The withholding of this information by 
prosecutors prompted the 5th U.S. Court of Appeals to overturn Graves’ 
conviction and to conclude that Graves would likely have been acquitted had the 
jury been given this information. Although at trial Carter testified that 
Graves was his accomplice, Carter told many people before and after Graves’ 
trial that Graves was innocent. He said he testified against Graves to protect 
his wife. In his final statement before he was executed, Carter said, “Anthony 
Graves had nothing to do with it. I lied on him in court.”


Carter’s wife was not put on trial. Graves was convicted and given a death 
penalty.


It was later shown that wounds prosecutors claimed were inflicted by a knife 
like one owned by Graves could have come from any single-edged knife. Also, 
investigation by Graves’ appellate lawyers cast doubt on the credibility of 
jailhouse informants and guards who testified they overheard Graves make 
inculpatory statements to Carter.


Charles Sebesta, the Burleson County district attorney who prosecuted Graves, 
offered no plausible motive for Graves’ participation in the murders. An alibi 
witness for Graves didn’t testify because she received a threat she would be 
prosecuted as an accomplice if she testified on Graves’ behalf.


My own review of his case also revealed that Graves consented to a polygraph 
test. Sebesta claimed Graves failed it. But authorities refused to give the 
polygraph charts of Graves or Carter to Graves’ attorneys. Warren Holmes, a 
highly respected criminologist and polygraph expert, offered to evaluate these 
charts after I appraised Holmes of Graves’ case. I concluded that the most 
plausible explanation for the unwillingness of Texas officials to relinquish 
the polygraph charts was their concern the charts would support Graves’ claim 
of actual innocence.


In his