North America & Oceania

Executions Put On Hold While States Search For New Lethal Injection Drugs

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON D.C., United States of America – Following numerous botched executions, some states have decided to halt the use of the popular two-drug lethal injection combination of the sedative midazolam and painkiller hydromorphone. Ohio has made the decision to halt the use of this combination after the protracted death of an inmate a year ago, and has since postponed the execution of a prisoner scheduled for February. U.S. District Judge Gregory Frost ordered a halt in executions in Ohio to give attorneys time to prepare challenges to the state’s new plans for lethal injections, last may. Ohio must change any execution procedures at least 30 days before a scheduled execution.

Last January, Ohio was the first state to use the combination of the drugs during the execution of Dennis McGuire for the rape and murder of a pregnant woman in 1993. The execution took 25 minutes and many witnesses said that the inmate gasped and seized for 15 of those minutes. His children have since filed a federal court.

Many states that employ the death penalty are seeking new execution drug formations after pharmaceutical companies refused to supply the drugs, because they no longer want to be associated with capital punishment. In December, Ohio passed a law that would provide confidentiality to pharmacies that chose to prepare lethal formulations. The law is designed to make it easier to obtain compounded pentobarbital, the state’s first choice for executions but which it hasn’t been able to find. However, inmates have challenged this new law, claiming that it violates their right to due process.

Additionally, Arizona has stopped the use of the same two-drug lethal injection cocktail that was used in Ohio after the July execution of an inmate, which took nearly two hours and 15 doses. Arizona’s Department of Corrections Director, Charles Ryan, has publicly announced that the agency will no longer use the drug combination. However, Ryan is adamant that the procedures were “done appropriately and with the utmost professionalism.” The state of Arizona has since put all executions on hold, pending the outcome of a lawsuit stemming from the botched execution.

 

For more information, please see the following:

AL JAZEERA – Arizona to Change Lethal Injection Drugs After Prolonged Execution – 23 Dec. 2014.

BOSTON HERALD – Arizona to Change Drugs It Uses In Executions – 22 Dec. 2014.

REUTERS – Ohio to Change Execution Drugs After Inmate’s Prolonged death – 8 Jan 2015.

YORKTON THIS WEEK– Ohio Lethal Drug Supply Expires April 1, Limiting Executions Without New Drugs – 8 Jan. 2015.

Mexican Government Struggles To Control Violence: 10 Decapitated Bodies Found

By Lyndsey Kelly
Impunity Watch Reporter, North America

 MEXICO CITY, Mexico – Mexico has seen a recent surge in violence that the Mexican government has been unable to quell. On 26 September, several students were abducted by corrupt police officers that were in concert with a drug gang located in Iguala, the biggest city in Guerrero. The Mexican government is still investigating the occurrence. However, Attorney General Jesus Murillo has gone on record to state that the evidence strongly suggests that police officers handed the students over to the cartel members who later incinerated them. The remains of only one of the missing 43 students has been identified.

Vigalantes performed a gun salute at a funeral for a fellow vigilante (Photo Courtesy of Washington Post).

The tragic occurrence, which took the lived of so many students, has sparked major protests throughout Mexico. In protest, citizens have began to seize city hall and occupy various other government buildings. Mexican President, Enrique Pena Nieto, has faced harsh criticisms from the public in failing to solve the case and ultimately end the violence in the country, the majority of which stems from drug gangs.

A more recent occurrence of violence had Mexican police finding 10 decapitated corpses and 11 heads in a southwestern state. The headless corpses were found in graves about 31 miles east of the Guerrero state capital Chilpancingo. The bodies showed signs of torture as their hands had been tied, according to local security officials. On the same day as the violence, President Pena Nieto was meeting with the President of the United States, Barack Obama, in Washington.

During his meeting with Pena Nieto at the White House, President Barack Obama said that he was committed to helping Mexico eradicate the drug cartels that are plaguing the country with violence. However, Obama made sure to inform President Pena Nieto that it was ultimately the responsibility of the Mexican government to resolve the problems created by the cartel. President Obama did however state that the United States was committed to being a “friend and supporter of Mexico in its efforts to eliminate the scourge of violence and the drug cartels that are responsible for so much tragedy inside of Mexico.”

 

 

For more information, please see the following:

REUTERS – Ten Bodies And 11 Heads Found In Violent Mexican State – 7 Jan. 2015.

STAR TRIBUNE – Mexico: 10 Bodies, 11 heads Found In Clandestein Graves In Violence- Plagued Guerrero State – 7 Jan. 2015.

THE GUARDIAN – 10 Decapitated Bodies Found In Troubled Mexican State Of Gurrero – 7 Jan. 2015.

WASHINGTON POST – Who’s In Charge In Michoacan? Mexican Government And Militias Struggle For Control – 7 Jan. 2015.

Maryland Gov. O’Malley Commutes Remaining Death Row Inmates’ Sentences

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON D.C., United States of America – Recently Maryland Governor Martin O’Malley commuted the death sentences of the last four inmates remaining on death row in the state. Such action will effectively end capital punishment in the state of Maryland, after lawmakers voted in 2013 to abolish the death sentence for future offenders. O’Mally, a potential 2016 White House candidate, said that leaving the last four prisoners to await the death penalty “does not serve the public good.”

Maryland Governor commutes sentences for remaining death-row inmates (Photo Courtesy of Reuters).

All four inmates were convicted of murder. One inmate, Heath Burch was convicted of the 1995 murders of Robert and Cleo Davis. The victims’ family has repeatedly asked the governor not to remove Burch from death row. However, O’Mally has commuted the four prisoners’ sentences, including Burch’s, to life without the possibility of parole. All four men are currently housed at the maximum-security North Branch Correctional institution near Cumberland, however the inmates will now be eligible for transfer to a medium-security prison.

There are currently 3,054 inmates on death row in the United States, according to the Death Penalty Information Center, which compiles statistics published by the Bureau of Justice. Maryland was one of six states to ban the death penalty between 2007 and 2013. In recent years, Connecticut and New Mexico have also abolished the death penalty, but those laws were not made retroactive. In 2014, the United States executed 35 inmates, the fewest in two decades, and sentenced only 72 to death.

The abolishment of the death penalty was one of O’Mally’s progressive accomplishments during his time in office, others included the legalization of same-sex marriage, and sweeping gun-control measures. O’Mally has lobbied lawmakers since 2007, his first term, to abolish capital punishment. He claims that the executions are not cost-effective, do not have any deterrent effect, and are at odds with “our values as a people.” However, A Washington Post – ABC News poll in June found that 60 percent of Americans favor the availability of the death penalty.

 

For more information, please see:

BALTIMORE SUN – 4 Former MD. Death Row Inmates Could Get Medium Security – 6 Jan. 2015.

REUTERS – Maryland Governor Commutes Sentences For Remaining Death Row Inmates – 31 Dec. 2015.

US NEWS – Maryland Governor Commutes Sentences For Remaining Death Row Inmates – 31 Dec. 2015.

WASHINGTON POST – Gov. O’Mally to Commute Sentences of Maryland’s Remaining Death-Row Inmates – 31. Dec. 2015.

Pennsylvania Supreme Court Rules Juvenile Sex Offender Registration Unconstitutional

By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON D.C., United States of America – In a 5-1 decision the Pennsylvania Supreme Court ruled that the requirement that all sex offenders who were juveniles at the time of their crime must remain on the Megan’s Las Registry for life is unconstitutional. The decision stemmed from a list of juvenile cases in York County. The York County case involved seven males who had committed crimes as teens that ranged from aggravated indecent assault to involuntary deviant sexual intercourse.

PA Supreme Court strikes down juvenile sex offender law

The court declared that the law is unconstitutional because it fails to allow for an appeal and assumed that all juvenile sex offenders posed a risk of reoffending as adults, despite the fact that studies show that just one percent of juvenile offenders commit new crimes as adults.

The Pennsylvania law had required registration for teens 14 years and older found guilty of sex crimes. The law required offenders to report quarterly to state police and report changes of address, job or personal appearance within three days of such action. Additionally, the placement of the registry comes with much public stigma. Only after being on the registry for 25 years, could an offender petition to be removed from the registry, and only if the offender had not committed any other sex crime.

Justice Max Baer wrote in the majority opinion, “[SORNA will] improperly brand all juvenile offenders’ reputations with an indelible mark of a dangerous recidivist. SORNA is the state’s Sex Offender Registration and Notification Act. Justice Baer also stated that the law may have remained in affect if the legislature would have required due-process hearings to examine the potential for rehabilitation before a juvenile was placed on Megan’s list.

The Philadelphia-based Juvenile Law Center, which served as co-counsel on the case, argued that the registry was an added punishment for juvenile offenders, which did little to protect the community.

 

For more information, please see the following:

JAMESTOWN SUN – Pennsylvania High Court Strikes Down Law On Juvenile Sex Offenders – 2 Jan. 2015.

JURIST – Pennsylvania Top Court Strikes Down Law on Juvenile Sex Offenders – 3 Jan. 2015.

PHILLY TRIBUNE – PA. Supreme Court Strikes Down Juvenile Sex Offender Registration– 2 Jan. 2015.

REUTERS – Pennsylvania High Court Strikes Down Law on Juvenile Sex Offender – 2 Jan. 2015.

Australian Inquiries After Sydney Siege

By Max Bartels 

Impunity Watch Reporter, Oceania

 

Canberra, Australia

Prime Minister Tony Abbott has ordered inquiries into the Sydney Siege and the gunman Man Haron Monis who killed two hostages when he seized a Sydney coffee shop and took 18 hostages. Police stormed the coffee shop and killed Monis after he executed one of the hostages. Since the attack there has been much speculation on whether the attack was a terrorist attack by the Islamic State or the actions of one mentally unstable fanatic.

Tony Abbott meets with Australian Defense Forces deployed to the Middle East to participate in the U.S led coalition against ISIS. (Photo curtesy of ABC News)

After the attack a leader of Australia’s Labor Party resigned after it came to light that he wrote a letter of support to Monis back in 2011 over the custody of his children on Father’s Day. The request for custody was granted even though Monis had been charged for sending offensive letters to the families of dead Australian soldiers. Monis’ then wife was murdered two years after the letter was written and Monis was charged with accessory to murder while his girlfriend, Almirah Droudis was arrested for murder. The politician stated that at the time, the letter was just a routine granting of a constituent’s request but its effect on the polls and the loss of the support of his colleagues led him to resign.

Prime Minister Abbott has warned that terrorist chatter regarding attacks on Australia has increased since the Sydney Siege and Australia remains on high alert. The Prime Minister has refused to link the attack in Sydney to the Islamic state or Islam. Monis was previously on the Australian terror watch list but fell off at some unknown point. The attack was committed while Monis was out on bail for the accessory to murder charge.

The Prime Minster continues to support Australian troops fighting in the coalition against the Islamic State. Abbott has stated that fighting the IS threat abroad keeps Australians safer at home. Currently Australia has deployed 200 special forces personnel to Iraq to assist in training the Iraqi military as well as about 400 other personnel, including fighter jets to aide in the airstrikes against IS assets in Iraq and Syria. Abbott has not ruled about expanding Australia’s contribution and role in the U.S led coalition.

For more information, please see:

The Telegraph — Australian MP Resigns Over Letter of Support for Sydney Siege Gunman — 23 December 2014

The Daily Mail — Police Believed Sydney Gunman had a Bomb Strapped to Himself — 3 January 2015 

The Guardian — Tony Abbott Warns Terrorism Chatter has Increased and Attack Remains “Likely” — 23 December 2014

ABC News — Tony Abbott Speaks Says Fighting IS Keeps Australians Safe at Home on Visit to UAE — 4 January 2015