Category Archives: Human Rights

Execution in Texas, postponement in Georgia

Texas executed Yokamon Hearn today. Hearn had been convicted of the 1998 murder of Dallas stockbroker Frank Meziere following a carjacking. Hearn had appealed his sentence on the grounds of his mental disabilities and inadequate legal advice early in his case. Courts denied those appeals.

I grieve for the family and friends of Frank Meziere. I recognize that Hearn had a previous criminal record. But imprisoning Hearn for life would have protected society from him.

Today in Georgia, the Department of Corrections postponed the execution of Warren Hill (who was convicted of the murder of Joseph Handspike). They did not do so because of concerns related to his mental abilities. The State Board of Pardons and Parole denied his appeal for clemency on those grounds. His lawyers have asked the Supreme Court to stay his execution on those grounds.

The postponement came because Georgia is changing its execution protocol to use only one drug, pentobarbital. Interestingly enough, Texas used the same drug to execute Hearn.

I grieve for the family and friends of Joseph Handspike. Again, however, imprisoning Hill for life would protect society from him.

Executions do not reverse horrible crimes. Violence begets violence. We have alternatives.

See you along the Trail.

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Speak for Palestinian hunger strikers

An agreement with Israeli authorities ended this spring’s mass hunger strike by Palestinian prisoners. Mahmoud Sarsak has been released and returned to Gaza.

But three Palestinian prisoners continue the nonviolent protest of hunger strike. Contact Israeli officials on their behalf.

Akram al-Rikhawi has now been on hunger strike for 95 days. The longest hunger striker, he suffers from numerous medical conditions, including diabetes, asthma, high cholesterol, osteoporosis, glaucoma, kidney problems and immune deficiency. He remained on strike after the May 14 agreement because it did not address his unique situation of early release on medical grounds.

From Samidoun, the Palestinian Prisoner Solidarity Network

It is urgent that Israeli officials hear that the ongoing hunger strikes of Palestinian prisoners, Akram Rikhawi, Samer al-Barq, and Hassan Safadi are being followed around the world. Rikhawi – in poor health – is on his 95th day of hunger strike! Tell the Israelis that people around the world are demanding their freedom and are monitoring the situation of Palestinian prisoners and hold the Israeli officials responsible for their lives. Use this form to send a letter of protest to Israeli officials.

Samidoun reports that:

Samer al-Barq has now been on hunger strike since May 22, for 55 days, protesting Israeli violations of the agreement with the prisoners – after his own administrative detention, rather than expiring as agreed by the Israelis at the end of the strike, was renewed for an additional three months. Samer al-Barq is now on hunger strike until his release is secured.
Hassan Safadi, a long-term hunger striker who had been striking for 71 days at the time the May 14 agreement was concluded, had his administrative detention order renewed by the Israelis on June 21, despite the explicit agreement that the long-term hunger strikers such as Safadi serving in administrative detention without charge or trial would not have those orders renewed. Safadi is now on his 25th day of hunger strike and plans to continue until he is released.

Contact Israeli officials on behalf of these three hunger strikers. They should be charged and tried or released.

See you along the Trail.

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Thank you, Governor Kasich

Again, I find myself thanking Governor John Kasich of Ohio. In early June, the governor issued a reprieve for Abdul Awkal. The Ohio Supreme Court, on June 18,  indefinitely postponed the Awkal’s execution following a “lower court’s ruling last week that he could not be executed because he is mentally incompetent.

This time, I thank Governor Kasich for granting clemency to John Jeffrey Eley and commuting his sentence to life imprisonment without the possibility of parole.

An editorial appearing in The Plain Dealer of Cleveland notes:

… a former prosecutor, detective and judge had all raised questions about the extent to which Eley was manipulated in the 1986 murder by alleged accomplice Melvin Green taking advantage of Eley’s “borderline intelligence.” Eley used Green’s gun to rob and shoot to death 28-year-old grocer Ihsan Aydah while Green waited outside

The Plain Dealer editorial affirms its opposition to the death penalty and closes with the observation that:

A just society cannot ignore such mitigating factors. Kasich acted appropriately.

The National Coalition to Abolish the Death Penalty provides an opportunity to thank Governor Kasich and to ask him to “impose a moratorium on future executions pending the outcome of the Ohio Supreme Court study and the implementation of its recommendations.”

I grieve at the death of Ishan Aydah. My heart goes out to those who mourn for him.

But executing Eley is not the appropriate answer. I have sent my thanks – and request for a moratorium on executions – to Governor Kasich.

See you along the Trail.

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Stop the Execution of Warren Hill in Georgia

Amnesty International USA provides this introduction to the situation and an opportunity to send a message to the Georgia Board of Pardon and Paroles:

Warren Hill is scheduled to be executed in Georgia on July 18, despite having been ruled “mentally retarded” by a preponderance of the evidence by a Georgia state judge. Executing persons with intellectual disabilities is unconstitutional, and the Georgia Board of Pardons and Paroles has the opportunity and the responsibility to do what courts have been unable to do – prevent this execution and preserve the integrity of Georgia justice.

To learn more about this case, read or print AIUSA’s full Urgent Action sheet: PDF format

Warren Hill is to be executed for the 1990 murder of a fellow prisoner, Joseph Handspike. He has a mental disability the seriousness of which leaves the constitutionality of his pending execution in real doubt. However, Amnesty International USA reports that Georgia requires defendants to prove their mental disability to “the enormously high ‘beyond a reasonable doubt’ standard.” AIUSA suggests that in most other states, Hill would not face execution.

I grieve for the family and friends of Joseph Handspike. There is no justification for his death.

But I oppose Warren Hill’s execution and I have signed AIUSA’s call to the Georgia Board of Pardons and Paroles because of questions about Hill’s mental capacities, because it will not bring Joseph Handspike back, because it will be an act of vengeance, because imprisonment without parole is an option, and because state violence diminishes us all.

See you along the Trail.

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Happy birthday, Nelson Mandela!

This year brings Nelson Mandela‘s 94th birthday: 18 July 2012

To celebrate this day, the UN and the Nelson Mandela Foundation invites us to give 67 minutes to help others as a way to celebrate Nelson Mandela International Day.

For 67 years Nelson Mandela devoted his life to the service of humanity — as a human rights lawyer, a prisoner of conscience, an international peacemaker and the first democratically elected president of a free South Africa.

Find 67 ideas for marking Nelson Mandela International Day. You can add your own.

Register your activity for the day.

Learn about activities and events that are already planned.

Like Nelson Mandela International Day on Facebook.

In November 2009, the UN General Assembly declared 18 July of each year as “Nelson Mandela International Day.” The day recognizes the former South African President’s contribution to the culture of peace and freedom.

Giving thanks for Nelson Mandela’s life and witness, may we follow his example on 18 July – and may we make every day a Mandela day when we serve one another.

See you along the Trail.

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Not in my name, Governor Kasich

Ask Ohio Governor John Kasich to grant clemency to John Jeffrey Eley.

Unless Governor Kasich acts, the State of Ohio will execute Eley on July 26, 2012 for his role in the 1986 murder of Ahsan Aydah.

Ohioans to Stop Executions urges Governer Kasich to grant clemency because:

Prominent individuals connected to the case support clemency for Mr. Eley because they no longer feel his case necessitates his execution. These individuals include:

  • Gary Van Brocklin, the prosecuting attorney who tried the case.
  • The Hon. Peter Economus, one of the three judges who sentenced Mr. Eley to death.
  • Retired detective Joseph Fajack, the lead investigator on the case who secured Mr. Eley’s confession.
  • Guy Trammel, a probation officer familiar with Mr. Eley who prepared the presentencing report.

In addition to the unprecedented support of these prominent individuals, Mr. Eley is developmentally disabled (in the past, this was termed “mentally retarded”). The United States Supreme Court has disallowed the execution of anyone with such low intellectual function.

Three parole board members recommended clemency based on the following facts:

  • The prosecuting attorney supports clemency.
  • Mr. Eley suffers from a developmental disability, which the parole board affirmed, stating, “he is intellectually challenged.”
  • Mr. Eley was influenced to commit the crime by his accomplice.
  • Mr. Eley exhibits extremely low intellectual functioning.
  • Mr. Eley was offered a plea bargain.
  • Mr. Eley’s crime is not the “worst of the worst.”

The Intercommunity Justice and Peace Center of Cincinnati offers the following (slightly edited) report on Eley’s case and recent clemency hearing:

Eley was convicted for murdering 28-year-old Aydah during a robbery of a grocery store. Eley told investigators at the time that he shot Aydah after the shopkeeper reached under a counter for a gun. He said he was aiming at the victim’s shoulder and did not intend to kill him, though the gunshot entered Aydah’s head inches above the earlobe.

The Ohio Parole Board rejected a plea for clemency for Aydah by a 5 to 3 vote on June 20, 2012. Federal public defender Vicki Werneke argued Tuesday during the hearing that Eley is an intellectually disabled, easily manipulated man who followed the lead of another, Melvin Green, the real instigator of the robbery who put the black, snub-nose gun in Eley’s hand the day of the crime.

Public defenders pointed out other mitigating factors — Eley’s impoverished childhood, a history of alcohol and drug abuse and head injuries, and likely brain impairment — as reasons for a sentence commutation. And a psychologist presented as an expert in mental retardation said he believed Eley is mentally disabled and, if tried today, likely would not qualify for a death penalty.

But Assistant Mahoning County Prosecutor Ralph Rivera called Eley a career criminal with a lengthy record who “has never learned from his mistakes” and who “denies all responsibility for the crime,” despite his earlier confession.

“It was the defendant who chose to go with Melvin Green, and he chose to end Mr. Aydah’s life,” he said.

Those words contain truth. I grieve for Ashan Aydah and for all who love him. I grieve that violence cut his life short.

But executing John Jeffrey Eley will not bring Ashan Aydah back to life. It will not protect the people of Ohio any more effectively than we would be by Eley serving the rest of his life in prison.

An execution would be an act of vengeance that perpetuates violence within our culture.

So I call on Governor Kasich to grant clemency: no executions in my name.

See you along the Trail.

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June 26 Tweet-in to stop torture

Today is the International Day in Support of Victims of Torture.

Join @No_More_Torture, @PresbyUN, and others  in an effort to #StopTorture- by tweeting your members of Congress & the White House against torture, Guantanamo and Indefinite Detention under the NDAA. Also, feel free to tweet on any subject related to the injustice of torture and in support of victims of torture.

Here are some of the hash tags being used:

#June26
#NoTorture
#StopTorture
#torture
#Guantanamo
#NDAA

The National Religious Campaign Against Torture offers some sample tweets:

Torture is a MORAL issue because {say why} #June26

Torture destroys the human dignity and respect entitled to every individual. #StopTorture #June26

Torture violates the inherent, God-given dignity and worth of every person. #NoTorture #June26

Torture desecrates humanity and God who “created humankind in God’s own image.”

Close #Guantanamo, a symbol of torture. #June 26

Find policy statements and other resources on stopping torture from the Presbyterian Church (U.S.A.).

With thanks to Carol Wickersham – my mentor on addressing the issue of torture.

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A piece of chocolate

Reports state that Mahmoud al-Sarsak, the Palestinian national footballer player has ended his prolonged hunger strike.

Mahmoud al-Sarsak, 25, refused food for more than three months. He joined other Palestinians in the mass strike against the policy of administrative detention and for human rights. When the others ended their hunger strike, al-Sarsak continued in protest of being held in Israel – without charge or trial – for three years. He vowed to remain on strike until Israel released or charged and tried him.

As he neared death last week, he had agreed to take milk for a few days to allow Israel time to reconsider.

The Ma’an News Agency report that al-Sarsak agreed to start eating on Monday in a deal that will see him released on July 10, according to his lawyer.

Mohammad Jaberein, al-Sarsak’s lawyer, told Ma’an News that al-Sarsak signed the agreement during his visit to the prisoner on Monday. Ma’an goes on to say:

Under the deal al-Sarsak will visit a civilian hospital for treatment on Tuesday, but the same day will return to Ramle prison clinic until his release on July 10, the lawyer added.

The news service reports that Israeli prison authorities asked Sarsak to eat something in their presence to ratify the deal.

In response, al-Sarsak took and ate a piece of chocolate.

Thanks be! May the deal be honored.

See you along the Trail.

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URGENT: Act now for Mahmoud Sarsak on 84th day of hunger strike

I do not follow football – many of my friends do. Until I heard the story of Palestinian soccer player Mahmoud Sarsak, I did not know that the European Championship is being contested.

I come to this story as a human rights issue recognizing the courage of Sarsak and two other Palestinians – Akram Al-Rikhawi, and Samer al-Barq – as they engage in the nonviolent act of a hunger strike in response to Israel’s policies of administrative detention.

Mahmoud Sarsak, 25, has refused food and now stands at risk of death. He does so in protest of being held in Israel – without charge or trial – for three year. Take action now – send a letter to Israeli officials demanding his freedom!

Here’s the story. The following information (I have preserved some the original format because it includes quotes) comes from Samidoun – Palestinian Prisoners Solidarity Network:

Sarsak, from Gaza, traveled to the West Bank to join the Palestinian national soccer team for training. Upon his arrival he was abducted by the Israeli occupation military and since that time has been held in Israeli jails, subject to this special version of administrative detention designed especially for Palestinian prisoners from the Gaza Strip. Take action now – send a letter to Israeli officials demanding his freedom!

TWEET NOW: Free #FootballsHero #MahmoudSarsak from Israeli prison – no charge, no trial, no detention! Take action: http://samidoun.ca/?p=1282

Mahmoud Sarsak launched his own hunger strike demanding freedom following the strikes of administrative detainees Khader Adnan and Hana’ Shalabi, on March 19 of this year. He was joined by thousands of other Palestinian prisoners on April 17. When the prisoners’ general open hunger strike ended on May 14 with an agreement, Sarsak continued his strike; his situation was particularly precarious due to the unique form of administrative detention under which he is held.

According to Physicians for Human Rights and Addameer,

Despite the urgency of his condition, the Israeli Prison Service (IPS) has denied Mahmoud access to independent doctors from PHR-Israel until today. The IPS also refuses to transfer him to a civilian hospital for proper treatment. Following today’s visit, the PHR-Israel doctor reported that Mahmoud has experienced extreme loss of muscle tissue and drastic weight loss. He has lost 33 percent of his body weight, from an original weight of 76 kilos down to his present weight of 51 kilos. He also suffers from frequent incidents of fainting and loss of consciousness, in addition to lapses in memory. The doctor further reported that Mahmoud is in danger of pulse disruptions (arrhythmias) that are endangering his life.

Palestinian human rights organizations have urgently called for international action and solidarity for Mahmoud Sarsak – and for his fellow continuing hunger strikers, Akram Al-Rikhawi, on his 57th day of hunger strike, and Samer al-Barq, who renewed his hunger strike (following his participation in the April 17-May 14 general strike) on May 21 in protest of Israeli continual violations of the agreement – rather than being released as promised, his administrative detention was renewed.

Sarsak and Rikhawi have released a letter to the world, calling for action on their cases, as translated by the Electronic Intifada:

This is an urgent and final distress call from captivity, slow and programmed death inside the cells of so-called Ramle Prison hospital, that you know that your sons and brothers are still struggling against death and you pay no attention to them and do not remember their cause – as if, after the end of the general strike all the demands of the prisoners were met.

We are still here, continuing our open-ended hunger strike and that battle has not endeddespite 78 days of strike for one of us, and 59 days for the other.

Regretfully, we thought that you would support us in our hunger strike, but instead you have stood on our wounds and our pain.

From here, we cry out to you, to our brothers, to dignified people, that you bear your responsibility, for after God, we have no one but you and the freedom loving people of the world to bring victory to our cause.

Second: As the hunger strike continues to erode our bodies and sap what is left of our strength, we cry out to you to help us in our battle on every level and field, local, regional and international, especially in the media, and especially Palestinian television which represents the Palestinian people.

And also in the newspapers, radio and electronic media, so that our voices can reach the freedom loving people of the world and expose this entity, and for the victory of our cause.

We say: there is still enough time and the support that comes late is better than that which does not come at all. It is better that you receive us alive and victorious rather than as lifeless bodies in black bags.

Therefore we two hunger strikers remain on our strike, Mahmoud Sarsak who has endured 78 days, and Sheikh Akram Rikhawi who has endured 59 days and was already ill, having spent 8 years in Ramle Prison clinic suffering from illnesses, and who now struggles against death.

We inform you that we will remain on our strike until all our demands are met and we will not submit to the demands of the Prison Service regardless of what we suffer in restrictions, provocations, and bargaining, and we will not accept promises and half-measures despite the deterioration of our health and our entry into difficult and dangerous situations, especially since we have lost more than 25kg and 18kg.

Our people, our leaders in Gaza, in the West Bank and outside, and freedom loving people of the world, we cry out to you, and to all people in the world who believe in the justice of our cause: do not abandon us to the vindictive hands of the jailers to take what they want from our frail bodies.

You are the ones able to support us for victory in our battle.

Your brothers who remain on hunger strike until victory or martrydom,

Mahmoud Sarsak
Akram Rikhawi

See you along the Trail.

 

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6 June execution date in Ohio

The State of Ohio is scheduled to execute Abdul Awkal on 6 June. Awkal was convicted in 1992 for the murders of his wife, Latife Awkal, and his brother-in-law, Mahmoud Abdul-Aziz. The murders took place inside the courthouse on Lakeside Avenue in Cleveland.

The Awkals were scheduled for a meeting on 7 January 1992 in the family conciliation services office of the Domestic Relations Court over custody of their 15-month old daughter. Latife Awkal had filed for divorce from her husband.

For some reason or reasons, the situation took a violent turn. Awkal shot and killed his sister and brother-in-law. He then tried to flee with his daughter before a sheriff’s deputy shot and wounded him.

There appears little doubt of Awkal’s guilt. There appears no doubt. Guilt is not the question. The question is responsibility. Awkal has a long, well-documented history of severe mental illness that predates to before the murders. One source describes his illness as “a severe depressive/delusional disorder that results in audio and visual hallucinations, delusions of grandiose and paranoid themes, and suicide attempts.” Does that matter? While different courts have taken different views of the impact of his mental illness and his mental competence at different times, I believe there exists a reasonable doubt as to his level of responsibility.

On Friday 18 May, the parole board in Ohio recommended to the governor that he not grant clemency to Awkal. One member dissented from the decision.

I grieve for Latife and Mahmoud. I grieve for a child who lost one parent to death and another to incarceration. The use of violence in a courthouse and before an effort at reconciliation disturbs me greatly. I give thanks for the actions of the law enforcement officer who may well have prevented a greater loss of life. Nothing justifies Awkal’s actions. Nothing minimizes their brutality. And yet …

What is gained by the execution of Abdul Awkal? It does not bring his wife and brother-in-law back. It does not make our society any safer than we would be if Awkal remained in prison for life. It would be an act of revenge – an act of violence – that further dehumanizes our society. Can we not do better?

See you along the Trail.

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