[Deathpenalty] death penalty news----worldwide

2015-09-23 Thread Rick Halperin






Sept. 23



SAUDI ARABIA:

France urges Saudi Arabia to cancel death penalty for young Shi'ite


France called on Saudi Arabia on Wednesday not to execute a Shi'ite Muslim 
sentenced to death over his role in anti-government protests, saying he was a 
minor when he was arrested.


Ali al-Nimr was given the death penalty in May after taking part in 
demonstrations three years ago for democracy and equal rights in Saudi Arabia's 
oil-producing Eastern Province.


"France is concerned about the situation of Ali Mohammed al-Nimr, who was 
sentenced to death even though he was a minor at the time of the events," 
Foreign ministry spokesman Romain Nadal said. "Opposed to the death penalty in 
all cases and circumstances, we call for the execution to be called off."


France does not usually comment on death penalty cases in Saudi Arabia due to 
their frequency. It has nurtured strong relations with Riyadh due to its tough 
stance on their Shi'ite rival Iran and shared positions on Middle East 
conflicts.


The French statement came a day after United Nations rights experts called on 
Riyadh to halt Nimr's "imminent execution"


Nimr was convicted of sedition, rioting, protesting and robbery in the Eastern 
Province district of Qatif, home to many of the Sunni Muslim-ruled kingdom's 
minority Shi'ites, who say they face entrenched discrimination.


Nimr, who activists said was 17 at the time of his arrest in 2012, was also 
convicted of chanting anti-state slogans in illegal protests and inciting 
others to demonstrate, according to state media.


"Saudi Arabia's plans to behead and crucify someone arrested as a child are 
indefensible," said Donald Campbell, spokesman for international human rights 
charity Reprieve.


"The international community - particularly Saudi Arabia's close allies, the UK 
and the U.S. - must stand with the French government and U.N. experts against 
this outrage, and call on the Saudi authorities to put a halt to this 
unjustified killing."


The conviction of Nimr, a nephew of Sheikh Nimr al-Nimr, a prominent Shi'ite 
cleric who is also on trial, followed that of Rida al-Rubh, 26, the son of 
another cleric who has been critical of the authorities.


The clerics are part of a group of around a dozen defendants on trial for their 
part in protests and violent unrest in Qatif, particularly in the village of 
Awamiya, where police officers and facilities have been attacked.


(source: Reuters)






IRAN:

UN & Europe Fund Iran's Executions


"The death penalty has no place in the 21st century." These words were spoken 
last year by the UN Secretary General Ban Ki-moon. Many would agree. In fact, 
more than 140 countries worldwide have abolished capital punishment, including 
every country in the European Union. Yet the United Nations Office on Drugs and 
Crime (UNODC) and EU member states have financed Iran's drug war, a program 
that has allowed Iran to be a global leader in per capita executions.


The regime in Iran is one of the most repressive governments in the world. In 
2015, Iran received close to the lowest possible rating for political rights 
and civil liberties in a Freedom House report, and was ranked 173 out of 180 
countries in the World Press Freedom Index. Dissidents are routinely arrested 
and tortured; freedom of speech is limited; and the judiciary provides little 
if any due process to prisoners. Yet the UNODC has given Iran more than US$15 
million since 1998 to support operations by the country's Anti-Narcotics 
Police. This is despite significant evidence that Iran's governmental drug 
policies violate international law, and fall short of UNODC's own standards.


A 2014 report by Ahmad Shaheed, the UN Special Rapporteur on Human Rights in 
Iran, quoted an experienced Iranian lawyer who said that drug trials "never 
last more than a few minutes." Prisoners are often denied accessed to counsel, 
and claim that confessions are forced under torture. By Iran's own admission 93 
% of the 852 reported executions between July 2013 and June 2014 were drug 
related. Iran has already executed more than 750 individuals this year, and is 
on pace to reach 1,000 executions by the end of the year.


Human Rights Watch has accused Iran of using drug charges against political 
prisoners and dissidents, raising further concerns about the implications of 
the UNODC's support for the country's anti-drugs program. In 2011, Zahra 
Bahrami, a citizen of both the EU and Iran was arrested and accused of drug 
trafficking - a charge she denied. She claimed her confession was extracted 
under duress, and activists contend that her arrest was based on her political 
views.


Despite the limited scope of the UNODC, Iran???s policy of executions is about 
more than combating drug problems. Instead of focusing primarily on endemic 
problems such as poverty and a lack of opportunities for youth that foster drug 
abuse, Iran continues to enact draconian punishments on individuals, includi

[Deathpenalty] death penalty news----TEXAS, FLA., LA., OKLA., IDAHO

2015-09-23 Thread Rick Halperin



Sept. 23


TEXAS:


SALVADORIAN MAN FACES IMMINENT EXECUTION

Alfredo Prieto, a Salvadorian man, is scheduled to be executed in Virginia on 1 
October.  He
was convicted in 2008 of two capital murders committed in 1988. There is 
evidence that he has

intellectual disability which would render his execution unconstitutional.

Click here to view the full Urgent Action in Word or PDF format, including case 
information,

addresses and sample messages.

Rachael A. Raver and Warren H. Fulton III were murdered near Reston, Virginia 
in December
1988. In 2005, Salvadorian national Alfredo Prieto was identified as a suspect 
through DNA
evidence. His first trial in 2007 ended in a mistrial due to juror misconduct. 
At his retrial
in 2008, he was convicted on two counts of capital murder. The two death 
sentences were
overturned in 2009 because of problems with the jury’s verdict forms. Alfredo 
Prieto was again
sentenced to death in 2010 and these death sentences have survived the appeals 
process.


The question of Alfredo Prieto’s intellectual functioning has been an issue 
throughout the
case. In 2002, the US Supreme Court banned the execution of individuals who 
have intellectual
disability (previously known as “mental retardation”). At the time of Alfredo 
Prieto’s trial,
Virginia law required a capital defendant to have an IQ of 70 or less in order 
to be
considered a person with intellectual disability. Of Alfredo Prieto’s three IQ 
scores, two
were well below 70 (64 and 66), but a third was 73. Prosecutors argued that the 
two scores
below 70 were invalid. The jury agreed and sentenced Alfredo Prieto to death, 
finding that

intellectual disability had not been proved.

In 2014, the US Supreme Court ruled in Hall v. Florida that states cannot use a 
fixed IQ score
as the measure of whether an inmate can be put to death. Intellectual 
disability, it said, “is
a condition, not a number… Courts must recognize, as does the medical 
community, that the IQ
test is imprecise”. It found that Florida’s rigid IQ of 70 cut-off, which 
blocked the
presentation of evidence other than IQ that would demonstrate limitations in 
the defendant’s
mental faculties, was unconstitutional. Alfredo Prieto’s lawyers argue that 
Virginia has erred
by relying on the unconstitutional definition of intellectual disability to 
reject Alfredo
Prieto’s claim, and that procedural technicalities are preventing them from 
arguing the claim

to the Virginia courts in a full and fair hearing.

Governor McAuliffe has indicated that he will make a decision on the case well 
in advance of 1

October.

ADDITIONAL INFORMATION

In Hall v. Florida issued on 27 May 2014, the US Supreme Court wrote of 
Florida’s rigid IQ of
70 cut-off law: “Pursuant to this mandatory cut-off, sentencing courts cannot 
consider even
substantial and weighty evidence of intellectual disability as measured and 
made manifest by
the defendant’s failure or inability to adapt to his social and cultural 
environment,
including medical histories, behavioral records, school tests and reports, and 
testimony
regarding past behavior and family circumstances. This is so even though the 
medical community
accepts that all of this evidence can be probative of intellectual disability, 
including for
individuals who have an IQ test score above 70.” Hall v. Florida reiterated the 
Supreme
Court’s view that dignity is the basic concept underlying the US constitutional 
ban on “cruel
and unusual punishments”, and asserted that this “protection of dignity 
reflects the Nation we
have been, the Nation we are, and the Nation we aspire to be.” Florida’s IQ 
cut-off law, it
ruled, “contravenes our Nation’s commitment to dignity and to its duty to teach 
human decency
as the mark of a civilized world”. The states of the USA, the Hall v. Florida 
ruling said,
“are laboratories for experimentation, but those experiments may not deny the 
basic dignity

the Constitution protects”.

Click here to view the full Urgent Action in Word or PDF format.

Name: Alfredo Prieto (m)
Issues: Imminent execution, Unfair trial, Legal concern
UA: 198/15
Issue Date: 23 September 2015
Country: USA

Please let us know if you took action so that we can track our impact!

EITHER send a short email to u...@aiusa.org with "UA 198/15" in the subject 
line, and include

in the body of the email the number of letters and/or emails you sent,

OR fill out this short online form to let us know how you took action.

Thank you for taking action! Please check with the AIUSA Urgent Action Office 
if taking action
after the appeals date. If you receive a response from a government official, 
please forward

it to us at u...@aiusa.org or to the Urgent Action Office address below.

HOW YOU CAN HELP

Please write immediately in English or your own language:
 *  Calling on the Governor to commute the death sentence of Alfredo Prieto;
 *  Noting evidence that he has intellectual disability and expressing concern 
that procedural
  

[Deathpenalty] death penalty news----worldwide

2015-09-23 Thread Rick Halperin





Sept. 23



CHINA:

China Arrests U.S. Woman Nabbed by Spy Agency, Husband Says


An American businesswoman was arrested in China amid accusations of spying 
after months of detention, shortly ahead of Chinese President Xi Jinping's 
arrival in the U.S. for a state visit.


Sandy Phan-Gillis, 55, was formally arrested over the weekend, her husband, 
Jeff Gillis, said by e-mail Wednesday. She was taken away by the Ministry of 
State Security in March in the southern city of Zhuhai while trying to go to 
Macau and is being investigated on charges of spying and stealing state 
secrets, according to a website set up by Gillis to bring awareness of the case 
and petition for her release.


"I wouldn't say that she was in 'good' health," Gillis said in Wednesday. "She 
has had 2 hospital emergency room visits during her detention, and one of those 
with a 5-day hospital admission."


She has still not been formally charged with a crime, according to Gillis.

Hong Lei, a spokesman for the Chinese Ministry of Foreign Affairs, said on 
Tuesday at that the woman was under investigation "on suspicion of activities 
harmful to Chinese national security," the New York Times reported.


"We hope that the outside world will respect China's handling of this case 
according to the law," the newspaper cited Hong as saying at a regularly 
scheduled news conference in Beijing. "She is also cooperating."


Xi arrived Tuesday in the U.S. and will meet in Washington for a summit with 
President Barack Obama on Friday. Human rights may be in the agenda along with 
cyber-attacks and tensions in the South China Sea.


China released in June British investigator Peter Humphrey and his American 
wife, Yu Yingzeng, who were serving prison terms for illegally obtaining 
private information. A Canadian man who ran a coffee shop near the Chinese 
border with North Korea was charged with stealing state secrets this year.


The punishment for stealing state secrets under Chinese law is life in prison 
with some severe cases receiving the death penalty.


The SaveSandy.org website describes Phan-Gillis as a "hard-working 
businesswoman" and "not a spy or a thief." She was born in Vietnam, the 
daughter of a Chinese family whose ancestors come from Guangdong province, 
according to the site.


"To date there has been no detailed explanation for her detention," the site 
says. "Sandy has now been detained for over 6 months, and she has not been 
allowed to see or speak with friends, family, or even her lawyers in that 
time."


(source: Bloomberg News)






SAUDI ARABIA:

UN Human Rights Experts Urge Saudi Arabia to Halt Execution of Minors


UN human rights experts called on the Saudi Arabian government to stop the 
execution of minors, pointing at the case of Ali Mohammed Nimr, who was 
convicted for a crime committed when he was a teenager, a statement issued 
Tuesday said.


"We urge the Saudi authorities to establish a moratorium on the use of the 
death penalty, halt executions of persons convicted who were children at the 
time of the offence, and ensure a prompt and impartial investigation into all 
alleged acts of torture," 3 UN officials were quoted as saying in the 
statement.


According to the UN special rapporteur on extrajudicial, summary or arbitrary 
executions, UN special rapporteur on torture and other cruel, inhuman or 
degrading treatment or punishment and the current chairperson of the UN 
Committee on the Rights of the Child, Nimr may be executed at any time.


"Ali Mohammed al-Nimr, a high school student, was arrested in 2012 by the Saudi 
authorities when he was 17 for his participation in Arab Spring protests in 
Qatif, Eastern Province. During his arrest and detention, he was reportedly 
subjected to torture and ill treatment by the General Investigation Directorate 
... In May 2015, the Specialized Criminal Court (SCC) sentenced Mr. al-Nimr to 
death ... and confirmed its sentence in September," the statement read.


The UN experts noted that at least 134 people were executed in Saudi Arabia in 
2015 that was 44 more than in 2014.


"Such a surge in executions in the country makes Saudi Arabia a sad exception 
in a world where states are increasingly moving away from the death penalty," 
the UN employees emphasized.


Saudi Arabia is one of the world's leading countries by the number of 
executions. According to the Amnesty International rights group data, the 
country was 4th in 2013 and 3rd in 2014, preceded only by China and Iran.


(source: sputniknews.com)

**

24 Young Saudi Protestors on Trial, 18 Face Death Penalty


The criminal court of the Saudi Arabian city of Jeddah has put 24 young 
prisoners on trial on a charge of participating in peaceful demonstrations, a 
Saudi activist announced, saying 18 of the inmates are facing the death 
penalty.


Hamza al-Shakhuri said in his Twitter account that the prisoners on trial are 
aged between 20 and 30.


The Al Saud's prosecutor general has deman

[Deathpenalty] death penalty news----OKLA., WYO., NEV., ARIZ., ORE., USA

2015-09-23 Thread Rick Halperin




Sept. 23




OKLAHOMAimpending execution

Oklahoma death row inmate challenges new execution date


Attorneys for an Oklahoma inmate scheduled to be put to death next week 
challenged his execution date Tuesday in a motion that claims a court order 
that set it violates state law.


Richard Glossip, 52, was given a Sept. 30 execution date in an order handed 
down by the Oklahoma Court of Criminal Appeals when it set aside his previous 
execution date and gave him a 2-week reprieve. Glossip's motion asks the 
appeals court to rescind the portion of its order that set his new execution 
date.


Glossip was just hours away from being given a lethal injection on Sept. 16 for 
arranging the 1997 beating death of motel owner Barry Alan Van Treese when the 
appeals court halted the punishment. The court wanted to give judges more time 
to review Glossip's lengthy death penalty challenge in which he claims he is 
innocent.


The appeals court granted an emergency stay of execution in the order that 
reset Glossip's execution "without further order" of the court. But Glossip's 
motion says state law requires that "a new execution date cannot be set before 
a stay is dissolved."


The motion states that once a stay of execution is lifted by the court, state 
law requires a new execution date to be set for either 30 or 60 days later, not 
just 14 days as in Glossip's case.


"Following the statute would permit an orderly presentation and evaluation of 
claims," the motion concludes.


Aaron Cooper, a spokesman for Attorney General Scott Pruitt, said Pruitt plans 
to file legal papers in support of the court's order.


"The attorney general believes the court's actions were entirely consistent 
with the law," Cooper said.


Glossip was twice convicted of ordering the killing of Van Treese, who lived in 
Lawton and owned the Oklahoma City motel where Glossip worked. Prosecutors said 
Justin Sneed, a motel handyman, admitted robbing and beating Van Treese, but 
said he did so only after Glossip promised to pay him $10,000.


Van Treese was found beaten to death Jan. 7, 1997, in a room at the motel. Van 
Treese was staying at the motel while delivering paychecks and picking up large 
amounts of money for deposit.


Glossip was questioned by police, and a day later began selling his belongings 
and telling people he was leaving town, according to investigators. Police 
again detained him and found him with $1,200; court records show his net pay 
that week was about $430. Sneed was found with $1,700 after Van Treese's death.


Glossip's case attracted international attention after actress Susan Sarandon, 
who portrayed nun and death penalty opponent Sister Helen Prejean in the movie 
"Dead Man Walking," took up his cause. Prejean has served as Glossip's 
spiritual adviser and frequently visited him in prison.


Had it not been halted, Glossip's execution would have been the first in 
Oklahoma since a sharply divided U.S. Supreme Court upheld the state's 3-drug 
lethal injection formula in June.


(source: Associated Press)






WYOMING:

Casper judge sets hearing in round 2 of Eaton death case


Convicted murderer Dale Wayne Eaton is set to appear Wednesday before a state 
judge in Casper.


District Judge Daniel Forgey has ordered Eaton transported from the state 
prison in Rawlins. Prosecutors are asking Forgey to require Eaton undergo an 
evaluation at the state hospital in Evanston to see if he's competent to face a 
new death penalty hearing.


A federal judge last year overturned Eaton's original death sentence in the 
1988 murder of Lisa Kimmell of Billings, Montana, ruling he didn't receive an 
adequate defense.


Eaton's lawyers are appealing the judge's ruling that the state could pursue 
the death penalty against him again.


Casper District Attorney Mike Blonigen says the federal courts could block a 
2nd death penalty hearing, but says his office meanwhile has the responsibility 
to move forward.


(source: Associated Press)






NEVADA:

Death-penalty trial begins over 2010 slaying of US airman from Guam


A death penalty trial has begun in Las Vegas for a Nevada ex-convict accused of 
plotting with his girlfriend the ambush slaying of her husband, a U.S. Air 
Force servicemember and Iraq War veteran from Guam.


Michael Rudolph Rodriguez, 36, waited outside the couple's southeast Las Vegas 
home and shot Staff Sgt. Nathan Paet 5 times as Paet headed to work at Nellis 
Air Force Base, Nev., late Dec. 1, 2010, prosecutor Frank Coumou told a jury 
during opening arguments Monday.


Police said Paet, wearing his camouflage uniform, was shot several times in the 
back before stumbling from his garage into his home and collapsing in front of 
his wife, Michelle Antwanette Paet, and their four children. He died later at a 
hospital.


Coumou told jurors that Michelle Paet had alerted Rodriguez by text message 
when her husband was leaving the house. "He's rushing to get out the door. 
Lol," one message sa

[Deathpenalty] death penalty news----TEXAS, GA., FLA., OHIO, ARK.

2015-09-23 Thread Rick Halperin





Sept. 23



TEXAS:

Case of Texas killer puts spotlight on executing the mentally ill


Scott Panetti believes that the gold filling in his mouth is a Bluetooth device 
that transmits his thoughts to the prison guards who watch over his cell on 
death row.


He told his lawyer that the state wanted to kill him to keep him quiet about 
prison corruption and stop him from preaching the gospel.


He thinks actress-singer Selena Gomez is his daughter and is convinced that 
CNN's Wolf Blitzer has his prison ID card.


"Communicating with Scott is done through the screen of his mental illness," 
said Kathryn Kase, executive director of the Texas Defender Service, which 
represents Panetti and other death row inmates. "He has been transformed by 
this severe mental illness that he will carry to his grave."


On Wednesday, Panetti's lawyers will tell a panel of federal appellate judges 
in Dallas that their client is too disturbed to face execution for fatally 
shooting his in-laws, and they will ask for money to hire experts to evaluate 
his mental condition. Prosecutors will argue that Panetti understands why he 
was sentenced to death and that the continued delays in his punishment should 
end.


Panetti, whose execution was stayed by a federal court in December, has become 
the poster child for a national debate over the execution of people with mental 
illness. His case raises difficult questions for the criminal justice system 
about whether people with serious mental illness ought to be exempted from the 
death penalty and how courts can fairly evaluate whether a criminal's mind is 
so addled by illness that his execution would constitute cruel and unusual 
punishment.


"The Supreme Court has said that you can be mentally ill - and even seriously 
mentally ill - and still be executed, and that is very controversial," said 
Robert Dunham, executive director of the Death Penalty Information Center, 
which advocates for ending the death penalty.


For nearly 40 years, Panetti has struggled with mental illness, Kase said. In 
the 6 years before he shot his estranged wife's parents, Joe and Amanda 
Alvarado, in Fredericksburg, he was hospitalized more than a dozen times, 
diagnosed with schizophrenia, delusions and hallucinations. On 1 occasion, he 
became convinced the devil had possessed his home and buried his furniture in 
the backyard.


Despite that history, Panetti was allowed to represent himself at his 1995 
trial, where he wore a cowboy get-up with a purple bandanna and demanded the 
testimony of Jesus Christ, JFK and the pope. His outrageous behavior frightened 
jurors, who rejected his insanity plea and sentenced him to death.


In the 2 decades since, Panetti's appellate lawyers have tried to convince the 
courts that he is too mentally ill to face execution.


In 2007, the U.S. Supreme Court took up his case, issuing a landmark decision 
requiring inmates to have a "rational understanding" of their punishment to be 
considered competent for execution. In other words, they must know that they 
are being executed as retribution for their crime.


The court left it up to states to determine what constitutes a rational 
understanding. In Texas, the courts have interpreted that ruling broadly.


"This is the irony of that" ruling, Kase said. "The state of Texas is still 
trying to kill him, notwithstanding the extensive history of severe mental 
illness and delusions."


Since that ruling, Panetti's lawyers argue, his condition has deteriorated, but 
he hasn't been evaluated by a mental health professional in nearly seven years. 
Though he had been a well-behaved inmate, in recent years, they say, his 
behavior has become aggressive. Prison staff reported that he banged loudly on 
his cell door, threw urine on the walkway and threatened to "smite" officers 
for their "wickedness."


A neuropsychologist who reviewed Panetti's records for free at his lawyers' 
request concluded that his condition was worsening, exacerbated by age and the 
stress of living under a death sentence.


They want the court to grant Panetti funds to hire an expert to determine 
whether he is competent for execution.


Lawyers in the attorney general's office, which is handling the appeals, argue 
that he has had plenty of time to prove his incompetence and that the courts 
have rejected his claim. They say he is not entitled to funding because he 
cannot show that he is too mentally ill to face execution.


"Panetti's mental status has at best been severely exaggerated by his counsel," 
state lawyers wrote in a legal brief.


Dr. Joseph Penn, a psychiatrist at the University of Texas Medical Branch who 
works for the Texas prison system, wrote in an affidavit after reviewing 
Panetti's records that the inmate "may have had some baseline or chronic 
residual psychosis ... but nothing severe enough to warrant treatment with 
medications."


State lawyers also argue that in recorded conversations with his parents, 
Panetti ha