Good news from Iran


Good News!  Iranian woman saved from execution
Zeinab Lokran.  Picture: Amnesty France

There has been a world wide campaign to stop the Iranian authorities from executing Zeinab Lokran.

We have received a message from Amnesty which says

By standing up to the Iranian authorities, you have helped to keep 22-year-old Zeinab alive. Thank you for defending her right to life.

Her execution, which was scheduled to go ahead as early as 13 October is no longer imminent. Zeinab now has a new lawyer working on her case. Together they will submit an application for a retrial – which is Zeinab’s right under Article 91 of Iran’s Islamic Penal Code.

While this is extremely good news, her death sentence remains in place until a retrial is granted by the authorities.

Please share: Continue to put pressure on Iranian authorities not to execute Zeinab

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Human rights and armed forces


Claire Perry writes in the Salisbury Journal
Claire Perry MP. Picture: thedrum

Claire Perry, the Conservative MP for Devizes in Wiltshire, said in her piece in the Salisbury Journal that:

[at the recent Tory party conference] … there were other important announcements to celebrate including the news that the government will put an end to the vexatious and damaging legal claims against members of the Armed Forces that arise from applying European Court of Human Rights judgements in the battlefield.

It is scandalous that highly trained and professional soldiers have been subjected to vexatious legal claims second-guessing their decision-making and that since 2004, the MoD has spent over £100 million on Iraq-related investigations, inquiries and compensation – money that should be spent on our troops not lawyers.   Salisbury Journal 27 October 2016

The problem with Claire Perry’s piece – largely copied from the statement by the Defence Minister at the conference – is that it is highly selective and largely untrue.  The picture painted is of our soldiers, operating in difficult and extremely dangerous environments, being pursued by lawyers, sorry ‘vexatious lawyers’, on the make.  The reality is quite different.

Firstly, it is part of a consistent and long running campaign by the right-wing media and tabloids against the Human rights Act and the European Court.  They do not like it because it provides protections for ordinary citizens and in particular, against the invasion of privacy by those self-same papers.  So at a party conference, appealing to that part of the media is only to be expected.

But more specifically, to take one element the statement: ‘claims against members of the armed forces …’ gives the impression that the claims are only about the soldiers themselves.  Many of the claims are against the MoD for not taking sufficient or reasonable care of their men.  So one claim for example was on behalf of a soldier who died of heatstroke serving in 50 degrees of heat in Iraq.  There is also the whole business of Deepcut and the soldiers who died there.  Others involve the Army sending men off in insufficiently protected land rovers.

The phrase ‘applying European Court of Human Rights judgements in the battlefield’ is doubly disingenuous.  Firstly, it is the application of the Human Rights Act which is causing the problem.  Adding the ECHR is just to appeal to those who do not like Europe and trying to shift the blame to Strasbourg who often have little if anything to do with it.  ‘Battlefield’ is also slipped in to create the impression of brave soldiers being pursued by lawyers (keep forgetting – vexatious lawyers) with outrageous claims.

What many of the claims are about is how prisoners are treated once they are taken captive, not on the battlefield.  One such claim was a man thrown into a canal in Baghdad and left to drown.  Many others relate to beatings and other mistreatment of prisoners.  If the courts have investigated claims and the MoD has been forced to pay compensation it argues that something is adrift.

Perhaps Claire Perry should ask herself why do we go to war in the first place?  Part of the answer is to promote our values.  We want to promote democracy and the rule of law.  We become involved in part to try and instill those values.  If our soldiers – not on the battlefield but back at base – are mistreating prisoners then those are not our values.  Although there was a lot of nonsense about weapons of mass destruction, one reason we went into Iraq was because Sadam Hussein treated his people abominably.  The results of bad treatment in places like Syria are visible to us every day with the refugee crisis.

It is a great pity that nonsense like this is both written and then published without challenge.

 

 

 

 

 

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Injustice


Life and death in the courtrooms of America

It sometimes comes as a shock to people that the only country in the Americas which still has the death penalty is the USA.  It is especially favoured by the southern states such as Louisiana, Texas and Florida and we have on many occasions on this blog mentioned particular cases where the wrong man is convicted of a crime or where the evidence is at best doubtful.

Our view here in the UK of the justice system in America is heavily conditioned by Hollywood films, on screen or on TV, which give a highly biased view of the real life situation.  In these depictions, an innocent man or woman has been wrongfully arrested.  Clean cut lawyers appear for the defendant and there is a tense meeting in the DA’s office.  At some point, the defence (or defense if you’re reading this in the USA) lawyer says ‘we’re outa here’ and they all sweep out.  Hearings, such as a Grand Jury happen as if by magic and subsequent court appearances take place soon after.  Few episodes can go by without a lawyer saying someone’s ‘Miranda rights have been infringed’ and more people sweep out.  Everyone is dedicated to securing justice with the exception of one individual (a witness, police officer or someone needed for the plot) who is found out at the end.  More clean cut young people find a tiny and crucial piece of evidence and this is sufficient to set a defendant free, often in the last minute or so of the trial.  The overall impression is of a system that works – albeit uncertainly at times – with the good guy getting off at the end.

If you read Clive Stafford Smith’s book Injustice * you will find that these Hollywood stories are for many in the States, fiction.  Clive has spent many years in the USA helping people on death row, the majority of whom should not be there.  The book is about one individual, Krishna Maharaj (pictured), who was on death row in Florida for 28 years before being released.  It is a truly astonishing book with 110 pages of detailed notes and describes the dysfunctional legal system in states such a Florida.

The problem – bizarrely – is that an innocent man or woman is often more at risk that someone who is guilty.  Innocent people believe, often wrongly to their cost, that they don’t have to prove anything because they are innocent.  There cannot be any evidence to prove they did it because they didn’t.  They also think that the justice system is unbiased and the truth will out eventually, a ‘touching faith’ as Clive describes it.

The book explores these issues in great detail.  America elects its law officers and so there is great pressure to convict to prove to the electorate that you are ‘tough on crime’.  Sentencing people to death is a great way to prove this.  Unlike recent changes to the justice system in the UK, the defence has no right of disclosure.  So the police need only present evidence allegedly proving guilt, and not reveal evidence that proves the defendant innocent.  This practice was also commonplace in the UK before new rules were introduced following some high profile injustices were discovered.  In Florida, because of the enormous amount of money flooding in to the state from the drug barons, corruption is rife throughout the justice system.  Amazingly, the judge himself in Krishna’s trial was arrested for bribery and corruption after three days of hearings.  The police are often themselves involved in the drugs trade.

So if the judge was arrested, then surely the trial should start afresh?  No, because defence lawyers are paid so little and on a block fee basis, to start again is something they cannot afford, so they just ploughed on with a new judge.   The quality of defence lawyers is frequently poor and they fail to cross-examine properly, call relevant witnesses or even to meet the defendant that often.  The problem here is that if through incompetence or otherwise the defence lawyer does not raise the issues at trial, then appeal courts will rule matters to be ‘procedurally barred’ subsequently.

So alibis are not called, forensic evidence not challenged, police witnesses’ changes in evidence not challenged and so on and so on.  The result was an innocent man narrowly escaping death row for a crime he did not commit and which was committed it was eventually discovered, by someone acting for a drug cartel.  The man murdered was ‘skimming’ drug profits.  Errors are so great and so frequent that justice would better be served if it was done on the basis of a coin toss.  Fewer would be executed on this basis.

Clive Stafford Smith is an extraordinary lawyer but he is also a great story teller and this account of Kris Maharaj death row case is a powerful thriller beautifully told.  Helena Kennedy QC [senior lawyer in the UK]

Passionate and Humane Mail on Sunday

This is a highly recommended book for anyone interested in the justice system.  If you have written letters to governors and others in the States it will explain a lot.  Clive Stafford Smith was the founder of Reprieve.

A story about the case in Miami Herald

*Injustice by Clive Stafford Smith, Vintage books, 2013

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28 years on death row


Ray Hinton released after 28 years on death row in Alabama
Anthony Ray Hinton NBC News

This story is both tragic and uplifting.  Anthony Ray Hinton was released in April last year from death row in Alabama, USA having spent 28 years there for a crime he did not commit.  He was not present at the crime scene when the murder happened and had good alibis to prove it.  His mother had a gun but it did not match the one used in the murder.

The failures inherent in the US justice system, especially in the southern states, are fully described in Clive Stafford Smith’s book Injustice (Vintage, 2013).  Clive is founder of Reprieve.  He describes the low rates of pay for defence lawyers, elected prosecutors keen to convince the electorate that they are tough on crime, the lack of access to police material (disclosure) which means that information which disproves their case is not revealed until after the trial, and so on.  We hope to publish a longer review of this important book soon.

His release depended on finding a good lawyer and the work of the Equal Justice Network.

In this Guardian piece Ray describes his experiences after leaving which included looking up at the stars, standing in the rain and sleeping on a full length bed.

We publish a review of the use of the death penalty around the world and the latest issue is here.

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Monthly meeting


We are pleased to attach the monthly minutes for the October meeting thanks to Lesley for preparing them.  We discussed the Refugee, North Korean and Death Penalty campaigns, forthcoming films, Evensong at the Cathedral and Citizenship days at some of our schools.

october minutes (pdf)

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Film: Mustang


In partnership with Salisbury Arts Centre, we shall be showing the film Mustang on 15 December 2016.  This award winning film by a Turkish director concerns five girls growing up in a northern Turkish town.  On their way home from school they meet some boys and start some harmless frolics in the sea.  This is reported to their parents and thus begins a life of confinement, forced marriage and control.

We are delighted to say that there will be a short presentation at the start by Prof. Lucy Mazdom who is Head of the Film Department at Southampton University.   Her research interests include French and American film; contemporary French and British television; transnational film studies; remakes; film history in a global context and issues of cinematic distribution, exhibition and reception.

After the showing, the local group will asking people to sign a petition (to be decided nearer the time).

Tickets are available at the Arts Centre.

Follow us on Twitter and Facebook.  If you are interested in joining local group, make yourself known at the film to one of us at the signing table.  It is free to join the local group.  Details on the ‘Joining’ tab on the home page.

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Death penalty report


We attach the monthly death penalty report for October thanks to group member Lesley for compiling it.

September – October

No to the death penalty

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Urgent Action: Iran


Woman at risk of execution in Iran.  Horrific case.
Woman could be hanged within days for killing her abusive husband
Zeinab Sekaanvand Lokran

We attach an urgent action concerning a woman, Zeinab Sekaanvand Lokran in Iran who is at imminent risk of execution.  The story – which we hope you will find time to read – is pretty horrific involving torture and a stillborn child.  If you can write or email that would be appreciated.

She confessed to murdering her abusive husband, was denied access to a lawyer, beaten in a police station until she confessed and then lost her child due to shock. She has received no treatment or help after her miscarriage.

Zeinab case (pdf)

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Yemen bombing


140 killed in air raid on a funeral
Funeral bombing, Yemen. Picture: hang the bankers.com

At long last, the war in Yemen is beginning to attract the attention it deserves.  Most news bulletins still lead on the atrocities in Syria but the horrific events in Yemen where the Saudis bombed a funeral killing 140 and wounding around 500 has at last brought the conflict onto the TV screens.  The bombing, combined with the blockade, is causing untold misery to ordinary Yemenis.  The wounded will struggle to get proper medical treatment because the hospitals are also being bombed and the blockade means medical supplies cannot get through.

We first started drawing attention to the war there over a year ago and raised the matter with our local MP.  A bland letter was received from the Foreign Office minister Tobias Ellwood.  Subsequent revelations have shown that the actions the FCO were claiming to have done were somewhat wide of the truth.

The core issue is the use of our arms (and those of the US, the principal weapons suppliers to the Saudis) are being used in the conflict.  It was also revealed (inadvertently, and no doubt embarrassingly by the Saudis) that British service people were advising the Saudis.  Quite what their role is there is disputed.

This particular attack has been condemned by the UN, the EU and the US.  The Foreign Office still claims there is no need to revoke licences as there is no serious breach of humanitarian law.  The UN Secretary General Ban Ki-Moon said:

The air strikes on a funeral ceremony was a “heartless attack on civilians and an outrageous violation of international humanitarian law.”  He said an independent body to probe rights violations in Yemen must be set up.  There must be accountability for the appalling conduct of this entire war.  Mail on line [accessed 11 October 2016] 

The Saudis are not alone in committing these atrocities and the Houthi rebels are likewise accused.

The Saudis can carry on with their attacks because we supply them with the weapons and we also give the regime a degree of diplomatic cover.  The huge sale of weapons – over £3bn a year – is clearly a factor influencing government policy.  This latest episode is making it harder for the government to ignore what is going on there and our role in helping them.  The mantra about the control of arms sales is still alive and well however:

On the point of UK arms sales to Saudi Arabia, a Government spokesperson told The Independent the UK “takes its arms export responsibilities very seriously”

The key test … for our continued licensing of arms exports to Saudi Arabia is whether there is a clear risk that those exports might be used in the commission of a serious violation of international humanitarian law,” she said. “The situation is kept under careful and continual review.”  Independent [accessed 11 October 2016]

But recent TV filmed reports showing the carnage going on there, hospitals full of emaciated children and widespread starvation caused by the conflict and the blockade will begin to make it harder for the government to keep up the pretence of ‘taking its arms export responsibilities seriously’.

The Salisbury group campaigns on a range of issues and we welcome new members.  Follow us on Twitter or Facebook to find out when we have an action in the City and come along.

 

 

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World Day Against the Death Penalty


World Day Against the Death Penalty

The World Day Against the Death Penalty was created in Rome on 13th May 2002, with 10th October No to the death penaltyestablished as the date for its annual commemoration in 2003.  The World Coalition against the Death Penalty has 158 member organisations, made up of NGO’s, Bar Associations, local bodies and Unions.

Amnesty International is a member of the Coalition.  It has been working to end executions since 1977, when only 15 countries had abolished the death penalty in law or in practice.  That number has now risen to 140.

Since that date –

  • By the end of 2015, 102 Countries had completely abolished the death penalty.
  • 1,634 executions were carried out in 2015 (excluding China – figures unknown) – an increase of 54% over 2014
  • 89% of executions in the course of the year took place in three countries – China, Iran and Iraq – often after unfair trial

The United Nations Moratorium on the Death Penalty calls for States maintaining the death penalty to establish a moratorium on its use, with a view to abolition, and in the meantime to restrict the number of offences punishable by execution, and to respects the rights of those on death row.  It also calls on States that have abolished the death penalty not to reinstate it.  (Note: UN resolutions are not binding).

Amnesty International is calling for:

  • Countries that still use the death penalty to halt all executions immediately
  • Countries that have stopped executing prisoners to remove the death penalty from their legal books, for all crimes, permanently
  • All death sentences to be commuted to terms of imprisonment

The Salisbury Group have included the abolition of the death penalty in its campaigns from the

Members of the group at the NWR conference
Members of the group at the NWR conference

beginning.  It is currently focusing on the sentencing to death and execution of juveniles, in particular in Iran and Saudi Arabia.

For this year’s World Day, Amnesty are highlighting the case of the Japanese prisoner, Matsumoto Kenji.  The Salisbury Group manned a stall at the NWR Conference on Saturday, (see photo) in the course of which they collected 50 signatures on cards calling on the Minister of Justice to halt the execution, to end the use of solitary confinement for death row prisoners and to end the use of the death penalty in Japan.

Matsumoto Kenji factsheet (pdf)

 

 

 

 

Sources:        World Coalition Against the Death Penalty, Wikipedia,  Amnesty International

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