Archive for May, 2008

Saturday, May 10th, 2008

May 10th, 2008

I found this letter to the SF Chronicle editor by ACLU DDP Director Natasha Minsker worth a read in regard to AI’s policy against the Death Penalty in ALL cases.

Best,

Joseph

==========================

Condemned by a lie

Editor – Tuesday’s decision by the California Supreme Court to reverse the death sentence of Adam Miranda shows why the governor was so wrong when he vetoed bills to prevent wrongful convictions and wrongful death sentences (“Death sentence overturned”).

Miranda spent 26 years on California’s death row because of the lies of an informant. The informant falsely testified at Miranda’s death penalty trial that Miranda had committed a prior murder. In fact, the informant had committed the murder. Worse, prosecutors had in their possession evidence showing that their informant was lying but failed to give that evidence to the defense.

The California Commission on the Fair Administration of Justice has issued a series of recommendations and sponsored legislation intended to eliminate these types of miscarriages of justice. But the governor has twice vetoed the commission’s recommended legislation, including a bill to require corroboration of testimony by informants. His vetoes make it likely that other men and women will be wrongfully convicted and wrongfully sentenced to death in California.

The governor has another chance to redeem himself this year. By supporting the Commission’s legislative package, the governor can help ensure that no one else is sent to death row in this state because of a murder’s (sp.) lies.

NATASHA MINSKER Death Penalty Policy Director ACLU of Northern California San Francisco

Amnesty in the News (Somalia)

Tuesday, May 6th, 2008
in the News (Somalia)

Date: May 6, 2008

CNN.com

Report: Somali civilians ‘routinely targeted’ for brutality

* Story Highlights

* Amnesty International found “established patterns of violations of human rights”
* Civilians are “frequently caught in indiscriminate fire” from Ethiopian snipers
* The report cited an estimate that 6,000 Somali civilians were killed in 2007
NAIROBI, Kenya (CNN) — Soldiers, insurgents and bandits routinely target civilians in Somalia for rape, robbery and murder, according to an Amnesty International report that includes interviews with dozens of refugees who recently fled Somalia.

The report, released Tuesday, said civilians are caught in the middle as Ethiopian soldiers and troops of Somalia’s Transitional Federal Government (TFG) battle remnants of the Islamic Courts Union, which was ousted by Ethiopian forces in 2006.

Amnesty International called for increased international help and pressure to end the violence.

“It was like living in constant fear, fear of RPGs (rocket-propelled grenades) that can reach you,” said Aasha, a young female refugee quoted in the report. “If you go out on the street someone could rape you. But someone could also come in your door and slaughter you.”

Aasha said she fled the lawless capital of Mogadishu after her brother was killed when Ethiopian soldiers destroyed her entire block in retaliation for a militia attack.

Amnesty International said it found “established patterns of violations of human rights and international humanitarian law including rape and unlawful killings of civilians in neighborhoods of Mogadishu by all parties to the conflict in Somalia, most notably TFG and Ethiopian forces.”

The report cited an estimate that 6,000 Somali civilians were killed in 2007 and that 600,000 have become refugees because of the violence.

“Among the most common violations reported were an increased incidence of gang rape, and scores of reports of a type of killing locally referred to as ‘slaughtering,’ or ‘killing like goats,’” the report said. One December 2007 incident was described “where a young child’s throat was slit by Ethiopian soldiers in front of the child’s mother.”

“I saw girls get raped in my neighborhood and on the streets,” Butaaco, a 30-year-old refugee from Mogadishu said. “I saw people get slaughtered. I saw people killed in their houses, their bodies rotting for days.”

Amnesty International said that in many cases when TFG and Ethiopian forces couldn’t find a specific person they were seeking for collaborating with militias “they beat, arrested or killed someone other than the person they were looking for.”

“In many other cases, TFG and Ethiopian forces would sweep entire streets, moving door to door, beating or shooting those they found in areas from which armed groups were believed to have launched attacks, or areas presumed to be armed group strongholds,” the report said.

Civilians are “frequently caught in indiscriminate fire” from Ethiopian snipers on top of buildings, it said.

Qamaan, 44, said a woman he knew was shot to death by Ethiopian soldiers while she sold gasoline at a market.

“She called her family on her cell phone … as she lay in the street, but no one could come close enough to rescue her because of snipers,” Qamaan said.

“Families were forced to carry their wounded to medical care in wheelbarrows and on donkeys because ambulance drivers would not operate their vehicles due to general insecurity, including sniper fire,” the report said.

Amnesty International documented an increase in attacks by Ethiopian soldiers against civilians in November and December 2007. They followed an incident in which several Ethiopian soldiers’ bodies were dragged through the streets of Mogadishu.

Guled, a 32-year-old refugee from Mogadishu, described seeing neighbors with their throats slit and bodies left in the street.

“Some had their testicles cut off,” Guled said.

He said a newlywed woman who lived next door to him was raped by more than 20 Ethiopians.


“Our main problem is communication,” Guled said. “The men do not speak our language, they start screaming and we can’t tell them we don’t understand.”

Hibo, 52-year-old mother of 11, said her husband and two sons were killed by Ethiopian soldiers after they searched her husband, found some money and took it. She said she saw it happen from a window.

“One of my sons cried out, ‘Don’t take this, we don’t have anything else at home for my mother and the other children.’ One of the soldiers beat my son, and my husband responded by trying to protect him. The soldier beat my husband, and my other son grabbed onto him. The soldier took out his gun and shot him.”

Amnesty International said that armed groups, including remnants of the Islamic Courts Union, act “as bandits, perpetrating raids, robberies and other abuses against civilians, including rape and other forms of sexual violence.”

Refugees said the militias are not usually visible, but they launch hit-and-run attacks on the TFG and Ethiopian forces. Those forces respond with artillery fire, frequently destroying entire neighborhoods.

The crisis is compounded by threats and attacks on human rights workers and journalists who try to stop the violence, the report said.

“I couldn’t tell who to beware of and careful of — the Ethiopians, the TFG or local national resistance groups,” said Bilan, a journalist with Radio Simba.

“Human rights defenders don’t know who their enemy is anymore; before you just had to deal with warlords,” said a journalist with HornAfrik who has fled the country. “It’s the element of surprise, fear that gets you. Human rights defenders don’t have any allies. They have no protection. It’s the first time that journalists have to live in the bush.”

There may be some protection for journalists from a new media law recently approved after the co-founder of HornAfrik was appointed information minister and deputy prime minister.

Even those who flee Mogadishu for temporary refugee camps in Kenya or Somaliland — a self-declared independent region to the north — are targeted by bandits and soldiers, the report said.

“On the road from Mogadishu, there are robbers who come and take your money or just fire directly at the buses,” one female refugee said. “Sometimes there are roadblocks where they stop and ask you for money. If you don’t stop, they will kill you.

“Sometimes, bandits will threaten and rape women — even if they are pregnant or breast-feeding,” she said.

Haboon, 56, said Ethiopian soldiers abused people with whom she was fleeing the country.

“If the girls were pretty, they would try their best to take them from you,” Haboon said. “I was trying my best to cover the girls so they wouldn’t see them.”

Marian, 45, said it was Somalis who beat and robbed her family on the road. She said her daughter, 15, was raped and that she was hit in the teeth when she tried to defend her.

“Afterward, we cried and cried,” Marian said. “They brought the girl back in a bad condition. It was at night. They were rough and aggressive and rude.”

The report said refugees arrive at temporary settlements with nothing but the clothes they wear, robbed of all money and possessions.

Amnesty International said the Transitional Federal Government, as the recognized government of Somalia, “bears the primary responsibility for protecting the human rights of the Somali people.

“However, the Ethiopian military, which is taking a leading role in backing the TFG, also bears responsibility,” it said.

“Attacks on civilians by all parties must stop immediately,” the report said. “Also, the international community must bear its own responsibility for not putting consistent pressure on the TFG or the Ethiopian government to stop their armed forces from committing egregious human rights violations.”

Amnesty International called for the United Nations to beef up its Political Office for Somalia. It also urged that the African Union’s mission in Somalia be given a mandate “to protect civilians and include a strong human rights component with the capacity to investigate human rights violations.”

–CNN David McKenzie contributed to this report
Find this article at:
http://www.cnn.com/2008/WORLD/africa/05/06/somalia.rights/index.html

© 2008 Cable News Network

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Of Interest – Death Penalty Development

Saturday, May 3rd, 2008

http://www.nytimes.com/2008/05/03/us/03execute.html?partner=rssyahoo&emc=rss


The New York Times

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May 3, 2008

After Hiatus, States Set Wave of Executions

HUNTSVILLE, Tex. — Here in the nation’s leading death-penalty state, and some of the 35 others with capital punishment, execution dockets are quickly filling up.

Less than three weeks after a United States Supreme Court ruling ended a seven-month moratorium on lethal injections, at least 14 execution dates have been set in six states between May 6 and October.

“The Supreme Court essentially blessed their way of doing things,” said Douglas A. Berman, a professor of law and a sentencing expert at Ohio State University. “So in some sense, they’re back from vacation and ready to go to work.”

Experts say the resumption of executions is likely to throw a strong new spotlight on the divisive national — and international — issue of capital punishment.

“When people confront a new wave of executions, they’ll be questioning not only how people are executed but whether people should be executed,” said James R. Acker, a historian of the death penalty and a criminal justice professor at the State University at Albany.

Texas leads the list with five people now set to die here in the Walls Unit, the state’s death house, between June 3 and Aug. 20. Virginia is next with four. Louisiana, Oklahoma and South Dakota have also set execution dates.

Some welcome the end of the moratorium.

“We’ll start playing a little bit of catch-up,” said William R. Hubbarth, a spokesman for Justice for All, a victims rights group based in Houston.

“It’s not like we have a cheering section for the death penalty.” Mr. Hubbarth said. But, he added: “The capital murderers set to be executed should be executed post-haste. It’s not about killing the inmate. It’s about imposing the penalty that 12 of his peers have assessed.”

More inmates whose appeals have expired are certain to be added to execution rosters soon, including, in all likelihood, Jack Harry Smith, who, at 70, is the oldest of the 360 men and 9 women on Texas’ death row (though hardly a row any more, but an entire compound). Mr. Smith has been under a death sentence for 30 years for a robbery killing at a grocery in the Houston area.

“If it’s my time to go, it’s my time to go,” said Mr. Smith, who maintains his innocence and was delivered by guards for a prison interview in a wheelchair.

So far, at least nine others elsewhere, including Antoinette Frank, a former police officer convicted of a murderous robbery rampage in New Orleans, have been given new execution dates, according to the Death Penalty Information Center, an anti-capital punishment research group that puts the latest death row census at 3,263. Dozens more are likely to get execution dates in coming months, but most under death sentences have not exhausted their appeals.

Yet public support for capital punishment may be dwindling. Death sentences have been on the decline, and a poll last year by death penalty opponents found Americans losing confidence in the death penalty.

“There will be more executions than people have the stomach for, at least in many parts of the country,” said Stephen B. Bright, president of the Southern Center for Human Rights in Atlanta, a leading anti-death-penalty litigation clinic.

Last year, Texas accounted for 26 of the 42 executions nationwide. That includes the last two people executed before the Supreme Court signaled a moratorium on executions while considering whether the chemical formula used for lethal injection in Kentucky inflicted pain amounting to unconstitutionally cruel and unusual punishment. The justices ruled 7 to 2 on April 16 that it did not, while allowing for possible future challenges.

But the scheduling of executions comes as prosecutors and juries have been turning away from the death penalty, often in favor of life sentences without parole, now an option in every death-penalty state but New Mexico.

According to the Death Penalty Information Center, death sentences nationwide rose from 137 in 1977, peaked at 326 in 1995 and fell steadily to 110 last year.

“We’re seeing a huge drop-off,” said Mr. Bright, attributing the decline to the time and trouble of imposing death sentences, and a recent wave of exonerations after DNA tests proved wrongful conviction.

Close to 35 people have been cleared in Texas alone, including, just days ago, James L. Woodard, who spent more than 27 years in prison for a 1980 murder he did not commit.

The first inmate now set for execution is William E. Lynd, 53, on Tuesday in Georgia. Mr. Lind was convicted of shooting his girlfriend, Ginger Moore, in the face during an argument in 1988, shooting her again as she clung to life, and a third time, fatally, as she struggled in the trunk of his car. After burying her, he attacked and killed another woman he had stopped on the road.

With two other executions pending but not yet scheduled in Georgia, the state seeks “clearance of the backlog,” said Russ Willard, a spokesman for Attorney General Thurbert E. Baker. “We will work our way though the system at a much more rapid pace than we would have.”

Virginia — which has executed 98 people since 1976, second only to Texas, with 405 — has the next scheduled execution: May 27, for Kevin Green, 30, for the 1998 slayings of Patricia and Lawrence Vaughn in their convenience store in Dolphin. Three other Virginia inmates also have been given dates in June and July.

Louisiana has set a July 15 execution date for two inmates, including the former police officer, Ms. Frank, 30. She was convicted of killing a fellow officer, Ronald Williams, and two Vietnamese workers, Ha Vu and her brother, Cuong Vong, at their family’s restaurant in New Orleans during a robbery in 1995.

But appeals may delay her execution and that of the second inmate Darrell Robinson, convicted of killing four people.

South Dakota, which has recorded only 15 executions since 1889, set a week’s window of Oct. 7-13 for the execution of Briley Piper, 25. He pleaded guilty to the torture murder of Chester Allan Pogue, 19, who was forced to drink hydrochloric acid and then stabbed and bludgeoned to death in 2000. One accomplice was executed last year and another is serving life without parole.

The first Texas inmate now re-scheduled for death, on June 3, is Derrick Sonnier, 40, convicted of stalking, stabbing and strangling a young mother, Melody Flowers, and her baby son in Humble, north of Houston, in 1991.

Mr. Sonnier, who turned down a request this week for an interview, had forbidden his trial lawyer from calling family members as mitigating witnesses, costing him a chance for life in prison without parole, said his appellate lawyer, Jani Maselli.

In another of the five latest scheduled Texas executions, a July 22 date was set for Lester Bower, 60, convicted of killing a former police officer and three other men near Sherman in 1983.

Mr. Smith, the oldest death row inmate, lost his Supreme Court appeal in February and said he was resigned to an execution date soon as well.

“I’d hate to go before my time,” he said, a gaunt figure seated in a wheelchair and speaking by phone behind glass in the Polunsky Unit in Livingston, Tex., where the condemned are housed until the day they are driven to Huntsville to die.

Asked if the prospect of an end to his confinement came as any relief, he said, “In a way it does.”

“Death is death,” Mr. Smith said. “If they stick a needle in your arm or shoot you in the head, it’s cruel and inhuman punishment, taking a human life.”

Yet, he said, “a life sentence is a whole lot worse — it’s torture.”