Are “Botched” Executions Cruel And Unusual Punishment?

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States of America – Recent troubles with the lethal injection process has sparked controversy over the constitutionality of the death penalty process in the United States. “Botched” lethal injections in Oklahoma and Arizona have raised questions as to whether the medical personnel tasked with carrying out the procedures are skilled enough to humanely put an inmate to death.

Medical personnel’s inexperience with new drug combinations may be connected to recent troubles with the lethal injection process (Photo Courtesy of The Seattle Times).

Currently 32 states use the death penalty to sentence those convicted of the most heinous crimes. Nearly all of those states also require a physician to attend the executions. However, due to the nature of the procedure the American Medical association prohibits licensed physicians from assisting.

More specifically, guidelines set out by the American Medical Association state that a physician can confirm the death of an executed inmate, but cannot declare death, administer drugs, monitor vital signs, select injection sites, start an IV, supervise drug injections or consult with a person carrying out the injection. Doctors whom are discovered to have participated in the lethal injection process risk losing their licensure to practice medicine. Due to these restrictions, lesser-trained medical personnel often carry out executions.

The U.S. lethal injection process underwent fundamental changes in 2011, when the drug company, Hospira, stopped making short-acting barbiturate and general anesthetic sodium thiopental, due to concerns about its use in lethal injections. Thus, recent problems with executions could be a result of medical personnel in the death chamber not being familiar with mixing or administering the new lethal cocktail.

Recently, in Arizona, the execution of convicted double murderer Joseph Wood took at least two doses of a lethal drug cocktail to execute the inmate. Witnesses say that Wood gasped and struggles for breath for more than 90 minutes before dying.  Wood’s execution was one of the longest in U.S. history. The length of time it took for the execution is not the issue. The real issue is whether the procedure constituted cruel and unusual punishment, which would be prohibited by the U.S. constitution.

Arizona has since halted executions pending a review of its death penalty procedures. Despite the stay in executions, Arizona Department of Corrections Director Charles Ryan defended the execution, stating that the execution team, including a licensed medical doctor verified multiple times during the procedure that Wood was, “comatose and never in pain.”

 

For more information, please see the following:

BBC – Arizona Halts Executions After Joseph Wood Case – 26 July 2014.

L.A. TIMES – How Did Arizona Execution Go Wrong – 26 July 2014.

REUTERS –  Troubled U.S. Executions Raise Questions About Doctors In Death Chambers – 26 July 2014.

SEATTLE TIMES – How Did The Arizona Execution Go Wrong – 26 July 2014.

Crisis Thickens in Ukraine; International Community Seeks More Involvement

By Kyle Herda

Impunity Watch Reporter, Europe

KIEV, Ukraine – Following the downing of a commercial airliner carrying 298 people over rebel-riddled Eastern Ukraine, it was immediately unclear how the key players in this ongoing dispute would react. Over a week later, it is clear that this incident will escalate the fighting, rather than push both sides to step back and talk.

Crash site of MH17, where the investigation into the cause of the disaster continues. (Photo courtesy of Daily Mail)

Caption. (Photo Courtesy of Source)

In just one week since the downing of flight MH17, the crisis in Eastern Ukraine has already managed to escalate. First, the rebels claimed they would back off and allow for an uninterrupted international investigation into the crash scene, but there are reports of rebels and Russians allegedly stealing parts from the plane or impeding the recovery of the bodies for identification and return to their families.

Second, although Russia has been cleared by the United States from direct cause of the plane’s disastrous crash, it is still believed that the plane’s finale came from a surface-to-air BUK missile fired by pro-Russian rebels in Eastern Ukraine. Separatist commander of the Vostok Battalion in Ukraine, Alexander Khodakovsky, has admit that the pro-Russian rebel possessed surface-to-air BUK missiles, but that the rebels may have returned the missiles to Russia to hide the evidence from international investigators. Further, pro-Russian rebels shot down another two planes this week, this time Ukrainian fighter jets.

Pro-Russian rebels have also detained a CNN freelance journalist in Eastern Ukraine on Tuesday. Anton Skiba was staying at a hotel in Donetsk covering the MH17 crash site when rebels abducted the reporter outside of his hotel.

Russia has also been accused by the United States and Ukraine of firing artillery into Ukraine. This would be a direct attack from Russia towards Ukraine and a “clear escalation” in the conflict, Army Col. Steve Warren, a Pentagon spokesman, said.

All of the recent events have proven too much for Ukrainian Prime Minister Arseniy Yatsenyuk, as he folded under the pressure and announced his resignation on Thursday. With escalations by Russia and uncertainty of the future and pressure on Kiev growing by the day, this resignation could not have come at a worse time for Kiev.

As the Dutch continue to fly bodies of MH17 victims out of Ukraine and Australia is attempting to secure the plane crash site in order to ensure a successful and untainted investigation into the crash, the rest of the European Union questions whether they should involve themselves more by imposing stricter sanctions on Russia. The United States is also tossing about ideas as to possible sanctions to impose onto Russia. While many countries were seeking earlier to keep out of the conflict, the scope of the crisis seems to be growing more and more with each new incident, and it is beginning to draw serious discussions throughout the globe as to whether leaving Ukraine and Russia to handle this on their own may not be the best solution afterall.

For more information, please see:

The Washington Post – Ukraine’s prime minister resigns as coalition falls apart – 24 July 2014

USA Today – Russian military fires artillery into eastern Ukraine – 24 July 2014

The Washington Post – If the West doesn’t do more for Ukraine now, it might soon be too late – 24 July 2014

Huffington Post – CNN Freelancer Abducted By Pro-Russian Separatists In Ukraine – 24 July 2014

TIME – Ukraine Separatists Had Surface-to-Air Missiles, Rebel Leader Admits – 24 July 2014

CNN – Ukraine: Two military jets shot down over Donetsk – 23 July 2014

ICC: Passing of former ICC Judge Hans-Peter Kaul

IN MEMORIAM: ICC Judge Hans-Peter Kaul

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We are deeply saddened to announce that former International Criminal Court (ICC) Judge Hans-Peter Kaul passed away on 21 July 2014 after a period of serious illness, which led him to resign from the Court with effect from 1 July 2014.

“Judge Kaul’s death is an enormous loss for the ICC. He served as a role model, dedicating his career to reshaping international justice. Judge Kaul was a driving force in the creation of the Rome Statute, in the establishment of the ICC, and in many of the decisions rendered in the situations and cases before the Court in its history thus far. We will long remember him with respect and admiration on a personal and professional level, for his relentless commitment and extensive contributions to international justice”, said ICC President Judge Sang-Hyun Song.

The President of the Assembly of States Parties, Ambassador Tiina Intelmann, recalled “the vital contribution which Judge Kaul had made to the establishment of the Rome Statute system, both as head of the German delegation during the negotiations which culminated in the adoption of the Statute, as well as a member of the Court’s bench, where he leaves an important legacy of contributions to the jurisprudence of the Court. Judge Kaul will be remembered for his multi-faceted and unrelenting support to the cause of international criminal justice; he was also indefatigable in advancing the support for the amendments to the Rome Statute on the crime of aggression”.

National of Germany, Judge Kaul served as an ICC Judge for 11 years. In the first elections of ICC judges in February 2003, he was elected by the States Parties to the Rome Statute for a three-year term and assumed his duty on 11 March 2003. He was re-elected in 2006 for a further term of nine years. Judge Kaul was a member of the ICC’s Pre-Trial Division, serving as the Division’s President from 2004 to 2009, as well as from 8 April 2014 until his resignation. He contributed to important decisions in proceedings regarding situations in Uganda, the Democratic Republic of the Congo, Darfur (Sudan), the Central African Republic, Kenya, Libya and Cote d’Ivoire, and the related cases. From 2009 to 2012, he served as the ICC’s Second Vice-President.

Judge Kaul also served for several years on various committees related to the Permanent Premises: he was chairman of the Inter-Organ Committee on the Permanent Premises (2003-2008), the senior representative of the Court in the Jury of the International Architectural Design Competition, and contributed to the work of the Oversight Committee of States Parties, playing an important pioneering role in the process which eventually led to the planning and construction of the ICC’s future permanent home.

Judge Kaul made significant contributions to the development of the ICC and international law even before being elected as an ICC Judge. In 2002, he was appointed Ambassador and Commissioner of the Federal Foreign Office for the International Criminal Court. From 1996 to 2003 he participated as head of the German delegation in the discussions and negotiation process of the Rome Statute of the International Criminal Court. Previous to that, in his capacity as Head of the Public International Law Division of the Federal Foreign Office (1996 – 2002), he was responsible, inter alia, for several cases involving Germany which were before the International Court of Justice. He published extensively on the International Criminal Court and other fields of public international law.

Condolence books will be available at the lobby of the main entrance of the International Criminal Court (Maanweg 174, The Hague, Netherlands) and of the public entrance (Regulusweg, The Hague, Netherlands) from 23 to 25 July 2014. Messages of condolence can also be sent by letter to the President of the Court Judge Sang-Hyun Song and by email to: PublicAffairs.Unit@icc-cpi.int.

Florida Takes Legal Action against Texas Oil Company Illegally Fracking in Fragile Everglades Watershed

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

WASHINGTON D.C., United States of America – Florida’s Department of Environmental Protection announced last week that it will be taking legal action against the Dan. A. Hughes Company, a Texas based oil company, for violating state drilling regulations at one of its wells located near the Everglades, accusing the company of disregarding the safety of Florida residents and natural resources. Among the issues of concern regarding the illegal drilling operation cited by DEP were concerns over company’s groundwater monitoring and handling of drilling wastewater. The company was extracting natural gas though the controversial practice of injecting high levels of hydrochloric acid into wells known as “acid fracking,” a practice similar to Hydraulic fracturing.

The Florida Panther, once a common site throughout the state, has suffered from habitat loss, Forrest fragmentation, urbanization and pouching. Environmentalists are concerned that increased drilling activity in Florida’s fragile wetland watersheds could further threaten the survival of the species. (Photo Courtesy of the National Parks Service)

The company is accused of unauthorized drilling in the Big Cypress Swamp whose fresh water resources are essential to the health of the Florida Everglades Watershed and support marine estuaries along Florida’s southwest coast.  The Big Cypress watershed is home to a protected National Preserve, serves as a critical fresh water reservoir and supports hundreds of species including the critically endangered Florida panther. The Florida panther is one of the most endangered mammal species in the United States; it is estimated that only 160 individuals remain in the wild.

DEP Secretary Herschel T. Vinyard Jr. announced the lawsuit last week saying the state agency will “file a lawsuit against the Dan A. Hughes Company to address violations at the Collier-Hogan well. After months of holding Dan A. Hughes accountable for unauthorized activities at the Collier-Hogan well site, it is clear that the Company has not taken seriously the Department’s demands to protect Collier County families or Florida’s natural resources.”

This lawsuit will seek force the Hughes Company to shut down its operations at the Collier-Hogan site, until pending completion of appropriate environmental testing and analyses can be completed by the DEP. The company announced last week that it had shot down drilling operations at the disputed site which is located near Florida Panther habitat. According to DEP press secretary Tiffany Cowie says the company’s announcement of a temporary shutdown at the site does not change the agency’s plan to sue.

Residents and environmentalists called on the state to take action against the Hughes Company when it was discovered that the company was practicing acid fracking in the area last year Environmentalists cite concerns that the practice, which requires high volumes of fresh water, may deplete the watershed’s supply of fresh water, putting the ecosystem and residents at risk. The practice also raises concerns over the handling of toxins, including hydrochloric acid, produced for and during the drilling process. Activists and environmentalists argue that until more research is done to understand the long-term effects of such practices on the fragile ecosystems in the region drilling operations should be halted.

Environmentalists also cite convenes that fracking could increase seismic activity in the area. Seismologists say the practice of Hydraulic fracturing may be causing an increase in seismic actively in areas where drilling is allowed. Earlier this month 8 small earthquakes were recorded by the United States Geological Survey in Oklahoma over a span of about 30 hours. Jennifer Hecker, director of natural resources for the Conservancy of Southwest Florida, warned that seismic testing deployed in other regions where fracking is allowed will not be as effective in Florida because of the porous nature of Southwest Florida’s limestone bedrock. Florida’s limestone may also pose a problem for potential drilling operations because of fragility of limestone formations which are prone to erosion and are a contributing factor to the creation of sinkholes in the region

United States Senator Bill Nelson flew in to Southwest Florida Earlier this month to listen to the concerns of his constituents, environmental groups and government officials about oil drilling in Southwest Florida. “We’ve spend billions of dollars to restore the Everglades — that’s taxpayer dollars,” he said. “I want to make sure what goes on does not mess that up.” Nelson said he will bring the concerns of Florida residents back to Washington but argued that he bevies more research must be done to understand the effects of acid and hydrologic fracturing on the environment before federal action can be taken.

For more information please see:

News 13 – DEP Suing Oil Company for Using Fracking-Like Technique near Everglades – 17 July 2014

First Coast News – Oil Company Busted For Fracking In The Everglades – 16 July 2014

CBS News – 8 Small Earthquakes Shake Oklahoma As Fracking Critics Grumble – 14 July 2014

Naples Daily News – Sen. Nelson: Prevent Oil Drilling In Southwest Florida from ‘Messing Up’ Everglades – 14 July 2014

National Parks Service – Big Cypress National Preserve – 2014