Death Penalty Digest

The top news in the last couple of weeks has been that Lundbeck, the manufacturer of Nembutal (the drug which many states in the US now use for executions), has introduced strict controls to prevent unauthorised sales of the drug for use in executions. Reprieve had been pressuring the company to make such a move, which sends a message that European companies will not tolerate use of their products to kill prisoners.

Texas once again showed its disregard for the US’s international obligations by executing Humberto Leal, over the protests of the Obama administration and international community. Leal had been denied his rights to consular access under the Vienna Convention on Consular Rights. The US Supreme Court denied a stay 5-4, again holding that it had no power to enforce the right unless Congress passed a law that put the treaty into effect. Justice Breyer wrote a powerful dissent arguing that harm to the US’s reputation internationally merited a stay to give Congress more time at least.

California’s death penalty is also in the news – a bill has been introduced there to abolish it, and it might have a chance of success. Why? It has recently been reported that the average cost for each of the state’s 13 executions since 1978 is $308 MILLION. With the state now facing budget shortfalls, pressure to cut costs may put capital punishment on the chopping block. A public vote looks likely.

The Indonesian government has expressed outrage at the Saudi Arabian beheading of an Indonesian migrant worker there. The maid allegedly murdered her employers after months of abuse. The problem is that the Indonesian government is showing some serious hypocrisy here: that nation still has the death penalty, including for drugs offences. Will this (and another similar case) cause Indonesia to reconsider its own laws?

Big news is emerging out of Florida, where a federal court just held that the state’s capital trial procedure is unconstitutional. Florida, like Alabama, has a system where jury unanimity on imposing the death penalty is not required. Although it is too early to tell how many of those already on death row will be able to take advantage of the ruling, it at least means it will be harder in future to impose death sentences.

India’s President is considering 17 mercy petitions. India is one of relatively few Commonwealth jurisdictions to retain the death penalty – including for certain non-homicide offences – so it’s time to hope that the right decision gets made.

And to end with some good news, Illinois’ death row officially no longer exists. That means the 5^th largest US state by population has now joined the growing list of states that don’t kill.

US Death Watch:

• July 19: Kenneth Smith (AZ); Thomas West (OH)
• July 20: MARK STROMAN (TX, Reprieve Assisted Prisoner); Grant DeYoung (GA)