Category: USA

President-elect Joe Biden and human rights


President-elect Joe Biden has declared that human rights will be an important part of his agenda when he becomes president in January.  Following a period when President Trump rowed back on a lot of US commitments in this area, this is clearly welcome.  So how is this likely to look?

Trump pulled the US out of the UN Human Rights Council in 2018 and this year designated the International Criminal Court a “security threat.”  It is expected that a Biden administration will reverse these decisions as well as re-staffing the depleted Human Rights Department of the US Department of Justice and returning to various arms control agreements.  It is also clear that Biden will take a multilateral approach to international issues, unlike his predecessor.

The US-based organisation Human Rights Watch have urged the new administration to reverse course:

On November 9, countries at the UN Human Rights Council reviewed the human rights record of the United States and offered recommendations on guaranteeing the right to health, including sexual and reproductive health, non-discrimination, voting rights, policing, and gender equality, among others.  The Biden administration should re-engage with the Human Rights Council, including by accepting Universal Periodic Review recommendations aligned with international human rights law, and realizing the human rights obligations identified by the council

They also urge the incoming regime also to repudiate the Department of State’s Commission on Unalienable Rights, which Trump set up to make a hierarchy of countries and abandon the universality of international human rights law.

Kate Allen, Director of Amnesty UK, has also urged the Biden administration to take a new approach to international law and has indicated 3 areas where the new administration needs to change its human rights policy internally – gun control, asylum seekers and police reform (AIUK, 9 November 2020).

In the run up to the election, Biden made a number of statements in defence of human rights, notably in the Middle East, which he may well struggle to carry out.  In the last week or two, Egypt and Turkey have both made a large number of arrests of dissidents (maybe hoping to do so before Trump leaves), and Saudi Arabia is sending feminist activists to a terrorism court.

As Kareem Fahim writes in the Washington Post (27 November 2020):

The moves in recent days, by a trio of authoritarian governments that are close allies or partners of the United States, have put human rights issues front and center weeks before President-elect Joe Biden takes office, in a pre-emptive challenge to his pledge to vigorously defend such rights.

 

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Execution ‘spree’ in USA


Lisa Montgomery execution to go ahead in the dying days of the Trump presidency

The execution by lethal injection of Lisa Montgomery is now scheduled to take place at Terre Haute Federal prison Indiana on January 12 just days before president-elect Joe Biden takes office.  She is the first woman to be executed in almost six decades.

Lisa’s crime was truly awful and involved murder of a woman and the removal of her unborn baby.  The argument has been about her mental state and her background.  She was the victim of gang rape, incest and sex trafficking.  Her defence (defense) has argued that the balance of her mind was disturbed at the time of the murder.

It is some kind of fitting end to the President’s term of office to rush through a number of Federal executions including this one.  No other lame duck president has carried out more than one execution since Grover Cleveland’s first presidency in 1888 – 89.

This has been an administration that’s been historically out of step. Not just out of step with the views of America in 2020, but out of step with federal practices by administrations, Democratic or Republican, for the course of [a] century, Death Penalty Information Center Executive Director Robert Dunham told The Washington Post.

The USA is the only country in the Americas to retain the death penalty.

China executes more of its citizens than the rest of the world combined but details are a state secret.

See our latest monthly death penalty report.

Further details of other executions being rushed through on the Death Penalty Information Center

Sources: USA Today; Fort Worth Star-Telegram; Washington Post; Guardian; US Dept. of Justice

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Film: Clemency


There is a majority of people in the UK who, for certain crimes, would like to see a return of the death penalty according to YouGov.  The current home secretary, Priti Patel, has said the same on Question time although she now resiles from this.  People in favour of the penalty should watch this film.

It concerns a female warden (governor in UK parlance) who is in charge of a prison where people are executed.  Directed by a woman, Chinonye Chukwu and starring Alfre Woodard it illustrates the tension of those in charge of actually carrying out the gruesome task.  At the start of the film, the execution process is botched and it takes quite a while for the prisoner to die, painfully.

The film charts the tension the warden experiences: on the one hand the desire to be professional and to do a good job and on the other, the doubts about the process itself.  This tension is reflected in her marriage where her husband leaves her for a while.

In Hollywood terms, it is quite unusual.  Firstly, because women feature a lot in the making of it.  Secondly, no background music which allows the natural tension to build.  The camera is allowed to linger on certain scenes and there is no frantic scene changes which are so irritating in much drama these days.  Lastly, the drama is carried along by Woodard’s expressions and face rather than just dialogue.

It is truly a powerful and quite unique film and makes the fundamental point that the process of executions damages all who are involved in it.

Amnesty is opposed to the death penalty in all circumstances.  It does not deter and levels in violence in US states with the penalty is little different to those with it.  Mistakes, which are frequent, cannot afterwards be rectified.  The process, with appeals lasting years – the average in the US is 10 years – is expensive.  It is applied unfairly with a disproportionate number of black people on death row.  An examination of the trial of Kris Maharaj in Florida is also worth a read.

The group publishes a monthly report on the penalty around the world.

Meanwhile, the pace of executions in America continues with the Justice Dept. executing three people in four days, matching the total number the US government had conducted in the previous 3 decades (Washington Post).   This is part of the ‘law and order’ promise by the President despite serious misgivings by many Americans about the fairness of the process and think it needs a complete overhaul.

The film is available on streaming services.

19 July 2020

 

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Kris Maharaj


Justice denied again for Kris Maharaj in Florida

We have some bad news from Reprieve. Kris Maharaj’s request for a conditional medical release was denied by the Florida Department for Corrections. The DOC didn’t even bother to send a doctor to evaluate him, or include a reason for denying Reprieve’s request. And that’s why they have filed a challenge to their decision.

At the end of the day, the question is a simple one: is Kris a danger to others? No.

Kris never has been.  But the prison is a danger to him.  He is 81 and particularly vulnerable as COVID-19 sweeps through the prison system. He should be at home with his wife Marita right now.

When we have further news we shall publish it here.

 

 

 

 

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Supreme Court finds against UK government


The Supreme Court in the UK has found against the government’s decision to provide information to the USA to facilitate prosecution for crimes carrying the death penalty

In a unanimous decision delivered yesterday, 25 March 2020, agreed that the British government acted unlawfully in providing, or agreeing to provide, information to the United States without seeking assurances that the death penalty would not be imposed.  The USA is the only country in the Americas which retains the penalty and we have highlighted in many of our posts, the poor legal process, countless mistakes and lack of proper protection for suspects during interrogations.

This appeal concerned two individuals, Shafee El Sheik and Alexandra Kotey (nicknamed the ‘Beatles by parts of the UK press at the time) who were alleged to be a part of terrorists operating in Syria and who were involved in the murder of British and US citizens.

In a press release by the Death Penalty Project they say:

It has never been in dispute that Mr El Sheik and Mr Kotey should face trial for the serious crimes alleged against them, but any trial, if it is to take place, should be held in the UK.  We intervened in this case because we believed the earlier actions of the UK government were contrary to its long-standing approach on the death penalty and could lead to a death sentence being imposed or carried out.  The importance of this decision is wider than just this case.  It has implication for any individual who may be facing the death penalty and concerns what assurance the UK government must seek before deciding what help or assistance it may give.  there are fundamental issues concerning the right to life.  Parvais Jabbar, Co-Executive Director 

It is interesting that one of the motives for leaving the EU was to ‘take back control’ and to be free of he judgements of the European Court.  Yet the government has shown itself all too craven when it comes to ceding power to the US justice system.

Arguments went on about where to prosecute them and the CPS had amassed a considerable body of evidence, sufficient for a trial to take place in the UK.  Amnesty is opposed to the use of the death penalty in all circumstances.  The use of the penalty was abolished in the UK over 50 years ago.

 

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Justice denied – again


Justice for Kris Maharaj has been denied again in Florida.  After all the work that was done to prove that he was innocent, he still languishes in gaol after 33 years.  It was hoped his hearing – already delayed by several months – would have been heard this month and he would be freed.  But now it has been delayed again, this time indefinitely.  You can read the full story by Clive Stafford Smith of Reprieve who must be close to despairing that this rotten US justice system will ever admit its mistake and release him.

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US Embassy protest


The US is the only country in the Americas which still has the death penalty.

There is an opportunity to join Amnesty members for a protest outside the American Embassy on the continued use of the penalty.  They will be gathering signatures for a petition and, to illustrate the barbarity of the practice, you can also tweet a picture of yourself sitting in our mock electric chair.

Meeting at 1:30 in the small park opposite the US Embassy on 30 June.

See our death penalty report

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President Trump and human rights


June 2019

President Trump is due to leave the UK after a controversial visit in which all the normal diplomatic niceties seem to have been ignored.  Our concern naturally is with human rights and his tenure as president has shown a wilful disregard for the rights of women, minorities and immigrants.  Kate Allen, the Director of Amnesty, has written to the government arguing for a more vigorous line from them.  She said;

Trump has presided over two-and-a-half years of utterly shameful policies.  Locking up child migrants, imposing a discriminatory travel ban, decimating global funding for women’s rights and withdrawing from global human rights bodies – it’s been a roll call of shame under Donald Trump’s presidency.

We need to resist Trump’s trashing of human rights.  Within the Anglo-American relationship, we’d like to see the UK Government being far more vocal about human rights.  Our fear is that the Government’s desperate hunger for post-Brexit trade deals with the USA could mean we end up giving a free pass to the White House as this onslaught against human rights continues.

The full press release can be accessed from this link.

If you have come to this page seeking information about Paul Mason’s talk on 24th, details can be found here.

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Yemen: new developments


Congress votes to end military aid to Saudi

In our last post two days ago, we highlighted the Dispatches programme which described in graphic detail the role our weapons supplies were having in Yemen.  The Saudis, using jets supplied by us, were creating suffering on an almost unimaginable scale with tens of thousands of deaths, a cholera outbreak and starvation of its people.

Today, 4 April 2019, the US Congress has voted 247 to 155 to end military aid to Saudi Arabia.  Further votes are planned to stop weapons supplies as well.  It is expected that President Trump will veto the actions but nevertheless, it sends a strong message of what Americans think of this terrible regime and its countries continuing military support for it.

This puts the UK in a tricky position.  A chief ally stepping back leaves this country somewhat exposed.  We shall have to see over the coming days what feeble excuses are trotted out to justify our support and role in the killing.

Sources: The Nation, Washington Post, the Guardian

 

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Sajid Javid breaches death penalty policy


Sajid Javid proposes allowing ISIL individuals to be sent to the USA with the risk of torture and execution

UPDATE: 1 August.  Article by Bharat Malkani in British Politics and Policy published by LSE which goes into the wider aspects of British policy in connection with executions on foreign soil. 

UPDATE: 26 July.  Following considerable protest over this decision, the government today announced a temporary suspension of the cooperation with the US over the case.

It has been widely reported today that the Home Secretary, Sajid Javid, is withdrawing the long-standing objections the UK has had to sending people to the USA where they risk being executed. The USA is the only country in the Americas which still has the death penalty. We continue to document cases in our monthly reports.

The two individuals who are involved are Alexanda Kotey and El Shafee Elsheikh, both from West London.  They were part of a group of individuals from the UK who joined ISIS and allegedly perpetrated some dreadful crimes including beheadings.  They allegedly murdered two US journalists James Foley and Steven Sotloff, British aid workers David Haines and Alan Henning and aid worker and Iraq war veteran Peter Kassig.  Investigations have been continuing for 4 years and the question has arisen of where they should be tried.

The UK government has a long-standing policy of opposing the death penalty abroad in all circumstances.  It has also been active in trying to persuade those countries which continue to use it, to stop.  Amnesty is opposed to the practice as it has a number of serious flaws.  It is ineffective in preventing crime and it is not a deterrent.  Mistakes cannot be put right.  In the case of terrorists, it risks creating martyrs and spawning others who want to avenge the executions.

It is therefore particularly depressing to see our home secretary acceding to the request.  The full text shows that it is because he believes a successful federal prosecution in the US is more likely to be possible because of differences in their statute book and the restrictions on challenges to the route by which defendants appear in US courts.  In his leaked letter to Jeff Sessions, the US Attorney General, he says on the matter of sending them to the States:

[…] All assistance and material will be provided on the condition that it may only be used for the purpose sought in that request, namely a federal criminal investigation or prosecution.

Furthermore, I am of the view that there are strong reasons for not requiring a death penalty assurance in this specific case, so no such assurances will be sought.  From the letter published in the Mail Online [accessed 23 July 2018]

The decision has received widespread criticism.  Alan Howarth, the head of advocacy and programmes, at Amnesty International said:

This is a deeply worrying development.  The home secretary must unequivocally insist that Britain’s longstanding position on the death penalty has not changed and seek cast-iron assurances from the US that it will not be used.

A failure to seek assurances on this case seriously jeopardises the UK’s position as a strong advocate for the abolition of the death penalty and its work encouraging others to abolish the cruel, inhuman and degrading practice.

Other criticisms have come from Shami Chakrabarti, Labour’s shadow Attorney General and Lord Carlile who said on the BBC the decision was extraordinary and:

It is a dramatic change of policy by a minister, secretly, without any discussion in parliament.  It flies in the face of what has been said repeatedly and recently by the Home Office – including when Theresa May was home secretary – and very recently by the highly respected security minister, Ben Wallace.

Britain has always said that it will pass information and intelligence, in appropriate cases, provided there is no death penalty.  That is a decades-old policy and it is not for the home secretary to change that policy.  BBC Today programme 23 July 2018

There is also the question of the use of torture.  Will either or both of them be sent to Guantanamo Bay to receive abusive treatment including water boarding?  Coming so soon after a select committee roundly criticized the government for its role in torture and rendition, this is a surprising and disappointing development.

The full text of the letter can be seen here.

Sources: Amnesty; BBC; the Guardian; Mail on line

If you live in the Salisbury area and are interested in human rights issues please feel free to join us.  Keep and eye on this site and Facebook for events and come along and make yourself known.  It is free to join the local group but there is a joining fee to join AIUK.

 

 

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