New UN Report Denounces America's Human Rights Record

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By Stephen Lendman (about the author) Page 3 of 8 page(s)

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Persons of color in America are most vulnerable to receive death sentences in capital cases - especially if victims are white. Yet federal and state officials are indifferent to the problem or deny one exists. When confronted with evidence from various studies, they claim they were conducted by anti-death penalty advocates and dismiss the results. It's never been a good time to be poor, black, or Latino in America, especially when confronted by a hostile criminal justice system claiming to be impartial.

Systematic Evaluation of the Criminal Justice System

Far too little is done at the state or federal levels to ensure wrongful death penalties aren't imposed. Their frequency demands serious redress - firm measures to halt injustices this grave.

Federal Habeas Corpus Review

Habeas suits can be filed in federal courts to challenge death penalty convictions, but not easily. The 1996 Antiterrorism and Effective Death Penalty Act (AEDPA) denies them on many grounds, imposes a six-month statute of limitation for filing, and restricts access to federal evidentiary hearings. Other problems also exist that limit defendants' rights even when wrongfully convicted - such as emphasizing "finality" over the right of due process and fairness. Serious reform measures are needed to redress this.

Most Serious Crimes

The definition is vague and applies to an intention to kill resulting in the loss of life as determined by a judge and jury. However, capital punishment may be imposed for crimes like running large illegal drug operations according to the 1994 Federal Death Penalty Act. Other crimes as well, including treason, terrorism, rape, kidnapping, and in the military for desertion or mutiny.

Consular Notification

America is party to the Vienna Convention on Consular Relations (VCCR). It grants foreign nationals the right to contact their consulates for help, but too often they're prevented from doing it - in Texas, for example, where the state legislature failed to authorize its courts to provide this review. At the federal level as well by Congress not doing it. Alston says VCCR is "a bedrock principle of international law" affecting not just foreign nationals on death row in US states, but "equally to any American who travels to another country." It's up to Congress to fix this.

Deaths in Immigration Detention

In June 2008, the federal government acknowledged at least 74 immigrant detention deaths since 2003. Newspaper reports suggest far higher numbers. They result from various causes, including denying medical care, poor quality or delayed care, and "inappropriate medication." Overall, the treatment of immigrants in detention is deplorable with little attention paid to basic needs along with abusive treatment by authorities.

Killings by Law Enforcement Officials

The Department of Justice (DOJ) Bureau of Justice Statistics (BJS) compiles data covering homicides (usually by other inmates but also by guards), suicides, "arrest-related killings," and other judicially related deaths.

Statistics on resulting prosecutions and convictions aren't available, but it's "clear that (their) number....is small...." It means serious offenses are committed against numerous people trapped in the criminal justice system that too often affords little of it to the most vulnerable.

International Operations - The Death Penalty Under the Military Commissions Act

From the time of their arrest and internment, Guantanamo detainees were denied any measure of due process and fairness. Five are charged with capital offenses under the Military Commissions Act (MCA), and others also may face the death penalty under this travesty of a law. Although Obama ordered a stay of Commission proceedings to decide on procedures to follow, he left open the likelihood that prosecutions will proceed under MCA provisions, and if done, they'll violate US obligations under international humanitarian law.

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I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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Book Recommendations for "Execution Human Rights Injustice"

Systemic Injustice: Torture, "Disappearance," and Extrajudicial Execution in Mexico
by America Human Rights Watch

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Number of pages: 136
Publisher: Human Rights Watch