Click to subscribe to the Amnesty-Oklahoma e-list
We are the Oklahoma City chapter of Amnesty International USA. Our next meeting will be Sunday, August 5, 6:30 p.m. at The Peace House, 2912 N. Robinson. Even if you cannot attend, please participate in our monthly letter-writing actions.
Death Penalty News * Gay/Lesbian Issues* Letter-writing Actions
Death
Penalty Update
No More Excuses
On June 27, the International Court of Justice (ICJ) ruled that the USA cannot continue ignoring its international obligations when applying the death penalty.
Ruling by overwhelming majority, the ICJ declared that the USA was in breach of its obligations under the Vienna Convention on Consular Relations to Germany and to German nationals Karl and Walter LaGrand by failing to inform them of their right to seek consular assistance upon their arrest, and that it must remedy those violations in the future. Both men were sentenced to death for murder and were executed in 1999 in the state of Arizona.
The world's highest court has ordered the USA to respect and enforce its obligations to detained foreign nationals. Amnesty International calls on the government of the United States to comply immediately and completely with this binding judge- ment and its consequences.
Amnesty International particularly welcomed this ruling as a positive step towards the implementation of all requirements to safeguard the basic human right to a fair trial.
This ruling has urgent significance here in Oklahoma as Governor Frank Keating considers a clemency recommendation for death row inmate Gerardo Valdez, a Mexican national. Valdez was given an execution date of June 19. Keating issued a 30-day reprieve after being contacted by the president of Mexico, Vincente Fox, who protested Oklahoma's violation of Valdez' consular rights under the Vienna Convention.
Shortly thereafter, Keating, who is a staunch supporter of capital punishment, addressed a national audience speaking of the need to raise the standard in seeking the death penalty from the current one of "guilty beyond reasonable doubt" to one of "moral certainty."
Defying a binding decision of the ICJ would undermine the United States' credibility in the international community. Amnesty urges Governor Keating to respect the decision of the International Court by granting clemency to Valdez.
PLEASE PARTICIPATE IN THE LETTER-WRITING ACTION IN SUPPORT OF CLEMENCY FOR GERADO VALDEZ!
UPCOMING EXECUTION DATES IN OKLAHOMA
Two executions are currently scheduled at the Oklahoma State Penitentiary in McAlester. If the executions take place, protestors will gather in front of the Governor's Mansion from 5:00 p.m. - 6:00 p.m. on the evening of the executions, which are scheduled for 9:00 p.m. There will also be vigils in front of the Governor's Mansion beginning at 8:30 p.m. on the night of each execution. The currently scheduled executions (not including Gerardo Valdez, whose June 19 date was put on hold by a reprieve from the governor) are:
Tuesday, July 17: Jerald Harjo
Tueday, August 28: Jack Walker
REQUEST: The Oklahoma Coalition to Abolish the Death Penalty contributes $500 towards funeral expenses for every indigent, executed prisoner. Due to the overwhelming number of executions this year (12 so far), the Coalition's fund is nearly depleted. Many more executions are anticipated. For more information on how you can help, click here. (Our local Amnesty group is represented on the board of the OCADP.)
Amnesty International supports a moratorium on executions wherever the death penalty is in use as an important step towards the ultimate goal of complete abolition. For more information, click here.
Amnesty International is urging members of the US Congress to support Congressman Tom Lantos' (D-California) resolution condemning the persecution of lesbians, gay men, bisexuals, and transgender (LGBT) people by foreign governments. The International Human Rights Equality Resolution, which Lantos intoduced during a June 26 press conference, calls on all governments to monitor and punish acts against LGBT people.
Lantos was motivated to introduce the resolution by Amnesty's new report, "Crimes of Hate, Conspiracy of Silence: Torture and Ill-treatment Based on Sexual Identity." The report is the latest in Amnesty's current campaign against torture world-wide. It notes that LGBT people are frequently subjected to torture and abuse by state agents in police stations and prisons.
"Around the world, innocent men and women live in fear of persecution at the hands of their governments," Lantos said. "In Afghanistan, men convicted of sodomy are buried alive. In Pakistan, homosexuals are flogged. In Iran, gay men are summarily executed. We cannot stand idly by as foreign governments condone or commit such acts of state-sanctioned persecution."
OKLAHOMA,
USA
(URGENT
ACTION ALERT!)
MEXICO
(URGENT
ACTION ALERT!)
FLORIDA,
USA: Lionel Tate
(Write to the
Governor opposing 'life without parole' for children)
USA (Oklahoma)
Gerardo
Valdez Maltos, Mexican
national, aged 41
On 16 June, Governor Frank Keating of Oklahoma issued a 30-day
stay of execution for Gerardo Valdez Maltos, a Mexican national
who was scheduled to be put to death in Oklahoma State
Penitentiary on 19 June for the 1989 murder of Juan Barron.
The Governor issued the reprieve following a telephone call from
President Vicente Fox of Mexico, who made a personal plea for
commutation of the death sentence. A spokesman for the Governor
said that President Fox "outlined how importantly the
Mexican government takes the whole issue of the violation"
of the Vienna Convention on Consular Relations, under which
Valdez should have been, but was not, informed upon arrest of his
right to contact his consulate. President Fox reportedly also
stressed religious and humanitarian concerns.
In his statement announcing the reprieve, Governor Keating said:
"In light of the sensitivity and significance of this
matter, I think it is appropriate for my office to continue its
review of the Valdez case." He also said that the US State
Department had "asked that I take [the treaty violation]
into consideration when determining whether to grant clemency. I
am considering the possible impact of that violation and weighing
it against the brutality of Mr Valdez's admitted crime."
On 6 June, the Oklahoma Pardon and Parole Board voted 3 to 1 to
recommend that Governor Keating commute the death sentence. A
number of factors appear to have contributed to the Board's vote
in favour of clemency. It heard newly-discovered facts concerning
Valdez's background and medical history, including evidence that
he sustained brain damage as the result of a serious head injury
during his youth. Attorneys for Gerardo Valdez also noted his
exemplary conduct while on death row and his lack of a prior
record of violent behavior. Gerardo Valdez himself testified at
the
hearing, expressing his remorse for the crime and telling the
panel that he had prayed for forgiveness.
The Mexican government submitted a letter to the Board expressing
its grave concerns over the failure of local authorities to
inform Gerardo Valdez of his consular rights upon arrest. The
letter noted that the resulting absence of consular assistance
contributed to his deficient trial representation and the failure
to present mitigating evidence during the sentencing phase of his
trial. The US Department of State also sent a letter to the
Board, asking it to give careful consideration during its
clemency deliberations to Mexico's concerns over the violation of
the Vienna Convention on Consular Relations (VCCR) in this case.
RECOMMENDED ACTION: Please send
letters in English or your own language, in your own words:
- expressing sympathy for the family and friends of Juan Barron;
- welcoming the Governor's decision to grant a reprieve to
Gerardo Valdez Maltos in order to give further consideration to
the grounds for clemency;
- noting that the Pardon and Parole Board has recommended that he
commute the death sentence, after hearing evidence never heard by
any court, including on the violation of Gerardo Valdez's
consular rights;
- asking the Governor to give careful consideration to the
concerns raised by the Mexican government and by the US
Department of State;
- noting Gerardo Valdez's expression of remorse for the crime,
his good conduct while in prison and the newly discovered
evidence of brain damage that was not available for the jury to
weigh in its sentencing decision;
- urging the Governor to act on the Board's recommendation by
commuting the death sentence of Gerardo Valdez.
APPEALS TO:
Governor Frank
Keating
Capitol Building, Oklahoma City, OK 73105,
USA
Fax: (405) 521 3353
E-mail: governor@gov.state.ok.us
COPIES TO:
The Honourable Colin Powell
Office of the Secretary of State
2201 C Street, N.W.
Washington, DC 20520, USA
Fax: (202) 261 8577
PLEASE SEND APPEALS IMMEDIATELY
Several members of two human rights organizations in the town of Ocosingo, Chiapas state, Mexico, have been attacked. Amnesty International is concerned for their safety, and for that of other members of the two organizations.
On June 12, a car knocked down Jaime Cuevas Mendoza, a member of Enlace Comunicacion y Capacitacion (Communication and Training Link) outside the home of Antonio Paoli Bolio, the coordinator of Comite de Derechos Humanos Fray Pedro Lorenzo de la Nada (Brother Pedro Lorenzo de la Nada Human Rights Committee). The car had reportedly been parked near Antonio Paoli Bolio's home, and drove straight at Jaime Cuevas as he approached the house. Jaime Cuevas was taken to hospital and treated for minor injuries. When the incident was reported to authorities, there was no one available to deal with the complaint.\line \line A married couple working with both organizations were targeted on the evening of May 30, when unknown individuals forced their way into their home via the back door. The couple and their child were not at home at the time of the attack, but the attackers set fire to two rooms and the family's possessions. The authorities have reportedly failed to take any action to investigate the crime or identify those responsible.
RECOMMENDED ACTION:
Please write letters expressing concern for the
safety of members of the above mentioned organi- zations, and
urging the authorities to guarantee their safety. Express concern
that the targeting of members of these organizations appear to be
an attempt to prevent their legitimate human rights work. Call on
the authorities to carry out a prompt, thorough and impartial
investigation into both incidents, with the results made public
and those responsible brought to justice. Remind the author-
ities that the UN recognizes the legitimacy of the activities of
human rights defenders and their right to carry out their
activities without any restrictions or fear of reprisals.
SEND APPEALS TO:
Lic. Pablo
Salazar Mendiguchia
Palacio de Gobierno, Piso 1
Col. Centro, 29000Tuxtla Gutierrez
Chiapas, MEXICO
Lionel Tate, a 14-year-old African American boy, recently
began a sentence of life imprisonment without the possibility of
parole, for a crime committed in 1999 when he was 12 years old.
His sentence violates international law. His lawyers
have filed a clemency petition to the Governor of Florida, and
Amnesty International is calling for Lionel Tate's sentence to be
commuted and his treatment brought into line with international
standards.
On 25 January, Lionel Tate was convicted as an adult of the
first-degree murder of his playmate, six-year-old Tiffany Eunick,
who was killed on 28 July 1999. The jury rejected the defense
claim that the 12-year-old boy had accidentally killed the much
smaller girl while mimicking professional wrestling moves that he
had seen on television. Prior to the trial, the defense rejected
the prosecution's offer of a sentence of three years in juvenile
detention, followed by a year of house arrest and 10 years of
probation, in return for a plea of guilty to second-degree
murder.
At his sentencing on 10 March, Lionel Tate received the mandatory
prison sentence under Florida law of life without parole. If the
sentence is not reduced on appeal or by executive clemency, he
will die in prison.
Lionel Tate's sentence violates the principle that the state's
treatment of children who commit crimes, however serious, must
focus on the possibility of the child's rehabilitation and
successful reintegration into society. Indeed, under
international standards, maximizing this possibility should be
one of the primary guiding principles motivating the state's
response.
Article 37(a) of the Convention on the Rights of the Child (CRC)
states: 'Neither capital punishment nor life imprisonment without
possibility of release shall be imposed for offences committed by
persons below eighteen years of age'. While the USA is one of
only two countries (the other being Somalia), which have not
ratified this treaty (191 countries have), it has signed it. As
such, it has bound itself under international law not to do
anything which would defeat the object and purpose of the treaty,
pending the decision on whether to ratify it.
Article 37(b) of the CRC calls upon states to use imprisonment
against a child 'only as a measure of last resort and for the
shortest appropriate period of time'. Article 40 calls upon
states to treat children found to have violated the law in a way
that 'takes into account the child's age and the desirability of
promoting the child's reintegration and the child's assuming a
constructive role in society'.
Article 14(4) of the International Covenant on
Civil and Political Rights, which the USA ratified in 1992,
states: 'In the case of juvenile persons, the procedure shall be
such as will take account of their age and the desirability of
promoting their rehabilitation'. The UN Rules for the Protection
of Juveniles deprived of their Liberty furthermore state that any
such deprivation should only be under conditions that guarantee
'meaningful activities and programmes which would serve to
promote and sustain [the juveniles'] health and self-respect, to
foster their sense of responsibility and encourage those
attitudes and skills that will assist them in developing their
potential as members of society'.
In Florida, the Governor has the unfettered discretion to grant
clemency with the approval of at least three members of the
Cabinet. The Governor could call a special clemency meeting on
the case at any time. Lionel Tate's clemency petition, including
a letter from Amnesty International, reached Governor Bush on 1
June. In such cases, the organization does not specify in detail
what sentence is appropriate, only that it should conform to
international standards.
BACKGROUND INFORMATION
During the past two decades in the USA, in response to public
concern about crimes committed by young people, federal and state
governments have significantly expanded the role of the general
criminal justice system with respect to children and increased
the severity of sanctions that courts may impose on children. The
growing tendency in the USA to prosecute and punish children as
if they were adults, rather than in the separate juvenile justice
system, is inconsistent with the approach encouraged by
international standards, that governments should establish laws,
procedures, authorities and institutions specifically for
children.
There are many people in the USA serving life imprisonment
without the possibility of parole for crimes committed when they
were under 18. Amnesty International knows of none from this
group who was as young as Lionel Tate at the time of the offence.
His case is therefore starkly illustrative of a wider problem,
and the organization is taking this action as part of its efforts
to persuade US authorities to bring their country into line with
international standards on the treatment of child offenders. His
sentence should be commuted as a matter of urgency and the
state's efforts turned towards maximizing his chance for
successful reintegration into society at the earliest possible
time, rather than throwing away the key.
RECOMMENDED ACTION: Please
send telegrams/faxes/express/airmail letters:
- expressing sympathy for Tiffany Eunick's family, explaining
that you are not seeking to belittle her tragic death or the
suffering it has caused;
- expressing concern, however, that Lionel Tate, who was 12 years
old at the time, has been given a sentence of life imprisonment
without the possibility of parole, which violates international
law;
- noting that the sentence has received widespread international
attention, being out of step with commonly held views of juvenile
justice, and that such cases are damaging Florida's, and the
USA's, reputation in the world;
- calling for the sentence to be commuted and that the state's
response be aimed at maximizing Lionel Tate's potential for
successful reintegration into society, in line with international
standards recognized around the world.
SEND APPEALS TO:
The Honorable Jeb
Bush
Governor of Florida
PL 05 State Capitol
400 South Monroe Street
Tallahassee, FL 32399-0001
Fax: 1 850 487 0801
COPIES TO:
Please send a copy of your appeal to Lionel Tate's
appeal lawyers:
Law Offices of
Richard L. Rosenbaum
Suite 1220, Las Olas Centre II
350 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
If possible please fax a copy of your appeal to
cabinet members:
Secretary of State Kathleen Harris, Fax: 1 850 922 5763
Attorney General Robert Butterworth, Fax: 1 850 487 2564
Comptroller Robert Milligan, Fax: 1 850 410 9027
Insurance Commissioner Tom Gallagher, Fax: 1 850 488 7265
Agriculture Commissioner Charlie Bronson, Fax: 1 850 414 9778
Education Commissioner Charlie Crist, Fax: 1 850 488 1492
PLEASE SEND APPEALS IMMEDIATELY.