Troy Davis Faces Execution for the Fourth Time; Human Rights Groups Seek Clemency

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – With September 21 quickly approaching, Troy Anthony Davis’s friends and family are doing all that they can to halt his execution.  Forty-two year old Davis has been on death row since 1991 for allegedly killing off-duty police officer, Mark MacPhail.  Since his trial, seven of the nine witnesses have recanted their guilty statements, admitting they are not sure who killed MacPhail.  Now, Amnesty International, Human Rights Watch, and other human rights groups are lobbying to delay and vacate Davis’s death sentence, scheduled for September 21, 2011.

Forty-two year old Troy Anthony Davis faces execution in just 12 days, and still maintains his innocence. (Image courtesy of Georgia Department of Corrections)
Forty-two year old Troy Anthony Davis faces execution in just 12 days, and still maintains his innocence. (Image courtesy of Georgia Department of Corrections)

On August 18, 1989, Officer MacPhail went to assist Michael Young, a homeless man who was being attacked in the parking lot of a Greyhound Bus Terminal/Burger King Restaurant, according to Savannah Now News.  When he got to Young’s side, MacPhail was shot twice with a .38-caliber pistol, once in the heart and once in the face.  MacPhail died from those injuries.

Troy Davis was subsequently tried in the Chatham County Superior Court.  According to Savannah News Now, it took the jury only two hours to convict Davis of the murder and recommend the death penalty. 

There is no physical evidence linking Davis to the crime.  Police never even found the murder weapon.  Nine witnesses testified against Davis, stating that he was guilty.  Seven of the nine witnesses have since recanted their statements, saying that they are not sure who killed MacPhail.  Furthermore, three witnesses now say that another man, Sylvester “Redd” Coles has confessed to the crime, according to the Atlanta Journal-Constitution.  Davis still maintains his innocence.

Amnesty International reports that since 1991, when Davis was first put on death row, more than 90 prisoners have been released from death row around the United States.  In fact, a number of states have recently acted to abolish the death penalty including New Jersey, New Mexico, and Illinois.

Some believe that there are racial undertones playing a significant role in this case; Davis is an African American man, MacPhail a white cop.  Human Rights Watch disapproves of the death penalty in general, for its inherent cruelty and finality.  Amnesty International’s USA researcher, Rob Freer said, “Given the doubts that persist in this case, the Board cannot in good conscience allow this execution to go ahead.”

Davis’s friends and family have created a website to keep the public informed of his struggle.  The website is entitled: “Troy Anthony Davis: An Innocent Man Facing Execution in Georgia.”  On the website, readers can find letters from celebrities and political figures supporting his cause.

In 2007, the Georgia Board of Pardons and Parole pardoned Davis less than 24 hours from execution because there needs to be “no doubt as to the guilt of the accused,” according to Amnesty International.  In 2008, the Supreme Court granted Davis a stay of execution just two hours before he was scheduled to be put to death.  The Court mandated that the federal district court look at the case again; the district court held that Davis “failed to show his actual innocence,” according to CNN.

After a federal hearing last year, Judge William Moore ruled that “Mr. Davis is not innocent” and that he has not shown “by clear and convincing evidence that no reasonable juror would have convicted him in the light of new evidence,” according to Amnesty International.  Furthermore, Judge Moore said that Davis’s evidence was “too general” and provided “[nothing] more than smoke and mirrors,” according to CNN.

Troy Davis’s most recent appeal was to the United States Supreme Court.  Davis requested more time to prove his “actual innocence” as reported by CNN.  The Supreme Court however, refused his request without comment.

According to CNN, many prominent figures have supported Davis’s cause, including former President Jimmy Carter, actress Susan Sarandon, Pope Benedict XVI, and former Archbishop Desmond Tutu.  All of these figures have rallied to help Davis get a new trial.

The State Board of Pardons and Paroles has already scheduled an appointment for September 19 to give Davis’s legal team one last chance at delaying the execution, reported Savannah Now News.  Without a grant of clemency, the state of Georgia will execute Troy Davis on September 21, 2011.

For more information, please visit:

Amnesty International — Georgia Sets Execution Date for Troy Davis — 8 Sept. 2011

SavannahNow.com — Troy Davis Execution Date Set for Sept. 21 — 8 Sept. 2011

Atlanta Journal Constitution — Parole Board to Again Hear Troy Anthony Davis Case — 7 Sept. 2011

CNN.com — Human Rights Group Protests Imminent Execution of Georgia Man — 7 Sept. 2011

Human Rights Watch — Letter from HRW to Georgia Governor, Sonnie Perdue and Georgia State Board of Pardons and Paroles — 20 Oct. 2008

Burundi: Submission to the Technical Committee revising the law for a Truth and Reconciliation Commission

Originally Published by Amnesty International
7 September 2011

The Technical Committee responsible for revising Burundi’s 2004 Truth and Reconciliation Commission (TRC) Law should propose significant revisions, Amnesty International said in a submission to the Committee this week.  Such changes are essential to ensure victims of human rights violations which occurred during the decades of violence and conflict in Burundi obtain truth, justice and reparations.

Amnesty International recommends that the mandate of the TRC should be broad enough to cover all crimes under international law, including genocide, crimes against humanity and war crimes.  Amnesty International recalls that Burundi is obliged under international law not to provide an amnesty for those responsible for genocide, crimes against humanity, war crimes, torture, enforced disappearances and extrajudicial executions.

The law should determine the relationship between the mandates of the TRC and a Special Tribunal.  The TRC should not be considered a substitute for judicial processes to establish individual criminal responsibility.  Amnesty International urges that those responsible for crimes under international law are brought to justice by establishing a Special Tribunal.

Commissioners should be selected for their proven independence and competence in human rights.  They should not be closely associated – or perceived to be associated – with any individual, government, political party or other organization potentially implicated in the human rights violations under investigation or with organizations associated with victims.

Amnesty International also recommends that the procedure that the TRC will follow is clearly defined in the amended law.  This should be part of a victims-orientated approach to witness protection and reparations.  Reparations should include the right to non-repetition, not mentioned in the 2004 law.

Suspected perpetrators of crimes under international law should also have the right to be presumed innocent until and unless they are proven guilty in separate criminal proceedings in a trial meeting international fair trial standards.

The TRC should be part of a broader, long term, and comprehensive government action plan, developed, implemented and monitored with support from civil society and victims groups, to uphold the right of victims to obtain truth, justice and reparation. Such an action plan should also include prosecutions, mechanisms to ensure reparation and legislative, institutional and other reforms.

Background

Prior to and during Burundi’s armed conflict, all sides were responsible for serious violations of international humanitarian and human rights law.  Thousands of Burundians were killed during the conflict.

In June 2011, a Technical Committee was tasked with proposing amendments to a 2004 Law creating a TRC and with proposing criteria for members of the TRC.  The Technical Committee is expected to complete its work by 13 September 2011.

ICTJ World Report September 2011

ICTJ World Report September 2011

Three Executed in Iran for Sodomy

By Tyler Yates
Impunity Watch Reporter, Middle East

AHVAZ, Iran — Last Sunday morning, three men were executed by Iran’s judiciary for sodomy.  They were put to death by hanging in the south western city of Ahvaz at Karoun prison.

Preparations made for a public hanging like the one used against three men convicted of sodomy (Photo courtesy of Queer Landia).
Preparations made for a public hanging like the one used against three men convicted of sodomy (Photo courtesy of Queer Landia).

A total of six individuals were executed on Sunday.  Two had been convicted for robbery and rape, and a third had been convicted of drug trafficking.  The prosecutor announced that the other three men were convicted of “lavat,” the phrase used in Islamic law for sodomy.  The official announcement did not reveal the names of the men who were executed only their initials.

This case is somewhat unusual because normally when such cases come before Iranian courts the charges involve acts such as sexual assault and rape — crimes that involve an element of force rather than consensual sex between willing parties.

These executions revolve around sections 108 and 110 of the Iranian penal code.  Section 108 defines sodomy a crime using Iran’s interpretation of Sharia law, and under section 110 the penalty for commission of the crime is death.  Prior executions quoting the penal code have referred to “lavat leh onf, “ or sodomy by coercion.

It is not unusual for Iran to frame sodomy cases as containing elements of coercion to make the executions more legitimate in the eyes of the public, and to avoid an international outcry.

In 2005, Iran was condemned for its execution of two teenagers who were publicly hanged from a crane in the city of Mashad.  Human rights groups claimed that the two were executed for having a consensual sexual relationship, but the offical charges were “lavat leh onf.”

Mahmood Amiry-Moghaddam, a researcher at Iran Human Rights, notes that “this case is the only one in recent years where the only basis for the death sentence has been a sexual relationship between two men, with reference to the articles 108 and 110 of the Islamic Penal Code.”

In 2007, Iranian President Mahmoud Ahmadinejad claimed that there were no gay people in Iran, implying that homosexuality is a western “phenomenon.”  This attitude in Iran has been a major motivator for keeping any public references to homosexuality at a minimum.

It is very hard to confirm executions of gay men and women inside of Iran.  Prosecutors often only give small amounts of information about the killings, and families are reluctant to release information about executed family members and loved ones because of the cultural stigma attached to homosexuality.

Iran is run under a strict interpretation of Sharia law, and it remains one of the world’s largest executors.  Just this year, Iran has executed over 180 people.  Ahvaz has the highest rate of executions in Iran, and has gained some notoriety for the secret hangings carried out in Karoun prison.

For more information, please see:

The Independent — Iran executes three men for sodomy — 7 Sept 2011

International Business Times — Iran Execution:  Three Men Hanged for Being Gay, Convicted of Sodomy — 7 Sept 2011

Huffington Post — Three Men Hanged For Having Gay Sex In Iran: Reports – 6 Sep 2011

Miami Herald — Three men executed for sodomy convictions, reports Iran Human Rights website — 5 Sept 2011

Iran Human Rights — Three men were executed convicted of sodomy — 5 Sept 2011