Posts Tagged ‘USA’


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.

 


We are pleased to attach our monthly death penalty report compiled by group member Lesley.

Report: February – March (Word)

 


We are pleased to attach the monthly death penalty report prepared by group member Lesley.  It contains news of death sentences and penalties from around the world.  Note that China does not appear because although it is believed to execute more of its citizens that the rest of the world combined, the data is a state secret.

Reort January/February (Word)

Justice denied – again

Posted: January 14, 2020 in Florida, USA
Tags: , , ,

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.


Attached is the death penalty report for December – January compiled by group member Lesley.

December January (Word)

 


December 16th is the 50th anniversary of the abolition of the death penalty in the UK

At 8am on 13 August 1964, the last execution took place in the United Kingdom.  Two men: Gwynne Evans and Peter Allen were separately executed in Manchester and Liverpool.  The death penalty for murder was abolished in the following year 1965 and made permanent on 16 December 1969.  Northern Ireland followed in 1973 and the last hanging offence – treason – was abolished in 1998.  In the current climate however, the question has to be asked, how secure is this decision and will it last another 50 years without being repealed?

Many will remember some of the impassioned debates which took place at the time with concerns it would lead to a rise in the murder rate.  Indeed, the vicar of All Saints, Clapton in London, said at the time it would be a ‘wholesale license to kill’.  The police wanted to be armed if the bill was passed.  Despite its abolition, the homicide rate in the UK has remained reasonable static over many years.  The figures for the last 3 years for example are 721 (2016/17); 728 (2017/18) and 701 (2018/19).  (Source: Statistica).  

Amnesty is opposed the use of the death penalty for six reasons:

  1.  It is the ultimate denial of human rights and is contrary to the articles 3 and 5 of the Universal Declaration of Human Rights – the right to life and the right not to be tortured or subject to cruel, inhuman or degrading punishment.
  2.  It is irreversible.  Mistakes are made and cannot be rectified.
  3.  It does not deter.  This perhaps is the strongest case made for its continued use yet many studies show it simply is not true.  Violent crime rates are not significantly worse in US states which use the penalty compared to those who do not.
  4.  It is often used with unfair justice systems.  Confessions sometimes forcibly extracted are a feature.  Clive Stafford Smith’s book on a particular case in Florida is instructive.
  5.  It is often used in a discriminatory way and you are more likely to be executed if you are a member of a minority group or if you suffer from mental health problems.  It is also racially biased.
  6.  It is used as a political tool to execute people who are seen as a threat to the authorities.

World wide

There has been a decrease in the number of countries using the death penalty according the 2018 Amnesty Report on the subject.  690 people were executed in 2018 in 20 countries representing a 31% decrease on the previous year.  However, these statistics exclude China – the world’s largest executioner – but where the number of executions, which is known to be vast, is a state secret.  Belarus is the only country in Europe still to have the penalty and executed at least 4 people in 2018.

The five biggest countries which still execute its citizens are: China; Iran; Saudi Arabia; Viet Nam and Iraq.  78% of all executions take place in the last four countries in this list (with the caveat that the China figure is unknown).  It is possible China executes more of its citizens than the rest of the world put together.

The Salisbury group monitors cases around the world and produces a monthly report.

United Kingdom

There has been a noticeable increase in rhetoric around harsher prison sentences and a desire to lock more people up for longer.  The current UK Home Secretary, Priti Patel has made a number of speeches and wants to see longer sentences, more prisoners kept in prisons for longer and generally supports a tougher approach to criminal justice.  She has seemed to support the death penalty although she denies that this is so.  Nevertheless, she is a powerful and insistent supporter of tougher sentencing.

A Parliamentary Enquiry has warned that UK citizens are at risk of the death penalty in the US – or of being sent to Guantanamo Bay – under a fast-track data sharing deal signed by the Home Secretary, as the result of an agreement reached with Washington last month, when the details were kept secret. It is said that the deal will give police and intelligence agencies speedy access to electronic communications sent by terrorists, serious crime gangs and white-collar criminals.   The House of Lords Committee has criticised the ‘asymmetric’ nature of the arrangement, which gives the US far greater powers to target UK citizens than vice-versa, and claims have been made that the UK will not be able to obtain ‘credible assurances’ that extradited suspects will not face execution. (Source: The Independent.)

Among the public YouGov polls reveal a mixed desire for restoring the penalty which depends a lot on what type of murder is involved.  So for multiple murders for example, 57% are in favour and 33% against.  Murder of a child shows 53% for and 31% against.  The ‘all cases of murder’ figure is 45% against and 34% for.

For crime generally in the words of YouGov ‘Voters are united: criminals should be more harshly punished.’  In the general population, 70% believe that sentences are not harsh enough which rises to 87% for Conservative supporters.  Further analysis for gender, age, location and social grade reveals only small differences.  The major difference is between Remain and Leave voters in the Referendum to leave the European Union (Brexit).  The statistic for all cases of murder shows that 64% of Remain supporters oppose the death penalty in contrast to 30% of Leave supporters – around double.  The support figures are even more marked with 51% of Leave supporters in favour of the death penalty and only 19% of Remainers.

It seems therefore that in the UK population, vengeful policies for dealing with criminality and for reintroducing the death penalty for some types of murder are still quite strong.  A conservative MP and former minister, John Hayes, asked the government last year to reintroduce the penalty.

Government policy has long been that we will not grant extradition to foreign countries if there is a risk of the individual being executed.  This policy appeared to be weakened last year by the then Home Secretary Sajid Javid:

Sajid Javid, […] has caused controversy in September by indicating that the British government is prepared to waive its long-standing opposition to the use of capital punishment by foreign governments, in the case of two alleged jihadi terrorists originally from Britain.   He has agreed to provide the authorities in the United States with intelligence evidence to assist in the trials of the two men without asking for the usual assurances that any convictions would not lead to the death penalty being imposed.  Human rights champions have widely condemned this decision as compromising Britain’s principled opposition to capital punishment and as setting a dangerous precedent.  Others, however, claim the two men involved deserve whatever they get.  So was the Home Secretary’s decision right or wrong?  YouGov 24 July 2018

Taken together, with members of the public wanting the return of the death penalty for several types of murder and an increase in harsher sentences; a weakening in the policy of not supporting the extradition to countries which execute people, and a desire to abolish the Human Rights Act, the reintroduction of the death penalty – although unlikely – may not be impossible in this country.  With the Conservative government returned last week with an increased majority, things are by no means certain. That it survives as a wish in many people’s minds is a worrying fact.

Sources: YouGov; Statistica; The Independent; Guardian, Parliament.co.uk, Amnesty International


We always welcome new members and the best thing is to keep an eye on this site or on Facebook – Salisburyai – and make yourself known at an event we are organising.


We are pleased to attach our latest monthly death penalty report compiled by group member Lesley.  In addition to matters around the world, we mention worries about the Conservative government, if, as expected, they assume power on Friday after the election.  The present Home Secretary, Priti Patel is committed to toughening sentencing and has said she wishes to see the reintroduction of the penalty in the UK.  She denies that this is the case.  We quote survey statistics to show that it is still a desired outcome for many people, especially for those who voted leave in the EU Referendum.

Note as ever that China is the world’s largest executioner of its citizens but the data is a state secret.

November – December Report (Word)


The death penalty report for October – November is available thanks to group member Lesley for compiling it.  One worrying item is the apparent willingness of the UK government to allow individuals to be sent to the USA with the risk of execution.

October/November report (Word)


The disgraceful treatment of this man in Florida continues.  The American justice system shamed

WE attach the latest message from Reprieve about this man’s continuing incarceration in Florida despite his innocence being demonstrated beyond doubt.  We have written about this case before.

Every time I [Clive Stafford Smith] think that Kris Maharaj cannot be subjected to any more injustice, agents of the State of Florida comes up trumps.  I last visited Kris in the euphemistically named South Florida Reception in September.  I went to share the good news that the Magistrate Judge had set a hearing for October 17th.  This meant we would finally be allowed to prove that his trial was manifestly unfair – and the last 33 years he’s spent in Florida’s prison system are unjust.

I should have known the devastating impact of a broken justice system could not be remedied so quickly – 33 years and counting.  The Magistrate had already agreed that we had submitted proof such that no reasonable juror could now convict Kris of the murders of Derrick and Duane Moo Young in Room 1215 of Miami’s Dupont Plaza Hotel all those years ago on October 16th, 1986.  We dismantled every element of the prosecution case against Kris, and obtained sworn testimony from six unimpeached alibi witnesses who placed him far away. Kris even passed his lie detector test: the prosecution’s star witness did not.

Lastly, we lined up half a dozen Colombian cartel witnesses who expressed shock that Kris was locked up for killing the Moo Youngs.  The murders were a hit ordered by Pablo Escobar, they said – the Moo Youngs had been stealing from the Narcos and “had to die.”  One might imagine that this would be sufficient for Kris to be restored to the arms of his long-suffering wife Marita, but under current U.S. precedent it is – we are told – possible that a fair trial should come to the wrong result.  Hence, logic mandates, the mere fact that you are innocent is not enough: you must prove the trial was itself marred.

I stayed with Marita the night before my prison visit. She lives a lonely life in Florida, only permitted to visit her husband every week or two.  Those visits are sacred to both of them.  The only disciplinary sanction Kris has got in the last three decades he has spent in prison involved a violation of the visitation policy – he stole a second kiss with his wife, when the rules only allow one.  Marita’s cottage is a shrine to the life they once had, with pictures of the couple in their London heyday, when Kris was a self-made millionaire.

She served me breakfast at the table where, every Christmas for the past 33 years, she has set a place for her husband, maintaining the fantasy that he might walk in any moment.  In the prison visitation area, Kris and I planned for his hearing. Though the Magistrate had only given us three weeks to prepare, we would meet the deadline. After all, it meant that Kris and Marita might – at long last – actually share their Christmas dinner this year.

AFTER 26 years working on the case, we were ready to prove multiple constitutional violations – from the suppression of exculpatory evidence (a government informant told them in 1986 that the cartel committed the murders), to the fact that the judge had himself been arrested on the third day of the trial for taking a bribe from a law enforcement agent posing as a drug dealer.

The first slap came with the State’s request for three months extra to prepare. That may not seem much, but it takes us into 2020, by which time Kris will be 81-years-old and Marita 80.  The potential knock-out blow came the next day when the State filed an appeal, to try to prevent the hearing altogether.  For 20 pages they argued that Kris should be barred from presenting evidence at all.  It is all nonsense, of course.

They even had the gall to argue that we have not been diligent in pursuing proof of innocence, when I have been to Colombia and back to get it.  We will do what we have always done: trudge on towards justice, hoping to persuade the appellate judge to respond with expedition.  Meanwhile the State’s lawyers callously run down the clock on Kris’s life.  I do sometimes wonder how people sleep at night.  I know I have often not been able to in the 26 years when Kris and Marita have been my responsibility, but that is because I fear I have not done enough, rather than too much.

I am working with Kris and the team at Reprieve to prepare for Kris’ trial in January. Hopefully, no other blows hit us between now and then.  Kris and Marita should not have to spend any more time apart because of an unfair trial 33 years ago.

Thank you for reading,

Read our latest death penalty report.


If you live in the Salisbury/Amesbury/Downton area and would like to join our group you would be most welcome.  You can come to one of our monthly meetings which take place on the second Thursday at 7:30 in Victoria Road Salisbury or come along to one of our events and make yourself known.  Keep and eye on this site or on Facebook or Twitter to see what we have planned.


Tree of Life. Pic: Salisbury Amnesty

The latest death penalty report produced by the group is available and thanks to group member Lesley for the work in compiling it.  In the report is a link to the Japanese man who has been imprisoned and on death row for four decades and is now of interest again because the Pope has become involved.

Sept – Oct report (Word)