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Turkey's parliament has no immediate plans to reintroduce the death penalty following last month's failed military coup, a senior MP from the ruling Justice and Development Party (AKP) has told EUobserver.

"It is not on our agenda at the moment, it is not on the agenda of the parliament," Sena Nur Celik said on Wednesday (3 August).

Celik was heading a delegation of MPs from her country's parliamentary foreign relations committee on a visit to Brussels.

She said the demand for capital punishment was high among the public at the moment, following the attempted military coup on 15 July that left over 240 dead and 2,000 injured.

"Of course I think it is because the emotions are very high at the moment and as time passes we will see how we feel," she said.

Turkey abolished capital punishment over 10 years ago. The move was key to broader efforts for the troubled nation to one day join the European Union as a member state.

Reinstating the penalty would require the constitution to be changed by a two-thirds majority vote, and other international commitments to be rowed back.

"It requires a very wide consensus of political parties," noted Celik.

But recent threats made by president Recep Tayyip Erdogan to reinstate it have roused strong rebukes from top EU officials and Germany's chancellor Angela Merkel.

In a fiery speech delivered a few days after the coup, Erdogan had said if the Turkish public demands the death penalty then it should be allowed.

"You cannot put aside the people's demands," he said, noting that the United States still carries out executions.

The EU has described the death penalty as a "red line" for Turkey's membership talks.

German foreign minister Frank-Walter Steinmeier said such a move would "prevent successful negotiations to join the EU".

Purge hits Brussels

Meanwhile, Celik said an official from Turkey's mission to the EU had been removed from her post for her alleged association with the outlawed Fethullah Gulen movement.

"If at the end of the investigation there is no link to this group then of course all the charges will be dropped," she said.

Some 70,000 people have resigned and another 18,000 have been arrested over alleged associations with Gulen, an exiled political figure accused by the authorities of instigating the coup. They include teachers, civil servants and journalists.

Gulen is a 75-year old cleric who has lived in Pennsylvania since 1991 and has denied any involvement in the coup.

On Wednesday, Turkish authorities raided the offices of the country's national science research council, private broadcaster NTV reported.

Johannes Hahn, the EU's commissioner dealing with Turkey's membership bid, had earlier said the speed and breadth of the purge appeared to suggest it may have been prepared in advance.

Celik said Turkey's intelligence services had been investigating the group accused of instigating the coup since 2013.

"This is group is a cult-like organisation, which has infiltrated the Turkish public institutions," she said.

"Investigations regarding this group have been ongoing since 2013. We knew they had members in the judiciary, in the military, in public institutions. And the process of identifying and eliminating these members were ongoing in the country when the coup attempt happened on 15 July."

Celik's delegation did not meet officials from the European Commission or the European Parliament.

The delegation instead held meetings with Belgian deputies, Turkish community leaders and other Belgian state officials.

A separate delegation of Turkish lawmakers was supposed to meet EU officials but was unable to schedule.

"Unfortunately because it was the holiday season they were unable to get the necessary appointments from the EU institutions, so that visit has been postponed until the vacation period is over," said Hakan Olcay, Turkey's ambassador to Belgium.

Source: eurobserver, Nicolaj Nielsen, August 4, 2016

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

Death penalty not on Turkey's agenda, says MP

Ernest Lee Johnson
Ernest Lee Johnson
Attorneys for a man sentenced to death for a 1994 triple murder filed a new complaint in federal court on Monday, arguing again that a medical condition will cause pain and suffering if he is executed but offering a more detailed alternative.

Because of a brain defect caused by the removal of part of a tumor in 2008, if Ernest L. Johnson is executed using Missouri�s lethal injection protocol, �there is a substantial and unjustifiable risk that the execution will result in violent and uncontrollable seizures that will cause severe pain and serious harm,� violating the Eighth Amendment prohibition on cruel and unusual punishment, his attorneys wrote in the complaint.

Whereas Johnson�s lawyers, W. Brian Gaddy and Jeremy Weis, had previously written that Missouri law allows the use of lethal gas, they have now given a specific second option. Precedent requires inmates challenging an execution method to propose an alternative, but Missouri has not had an operable gas chamber since the mid-1960s.

Gaddy said because the U.S. Supreme Court case that set the precedent, Glossip v. Gross, was decided in 2015, there is some gray area on how challenges to protocols will be litigated.

�The issues involving alleging and improving an alternative method of execution are new issues that haven�t been fully developed in the court system,� he said.

He said he looks forward to arguing the case in U.S. District Court and to seeing whether the state will agree with using gas to kill Johnson.

�That would be new territory, and we would cross that bridge when we get to it,� Gaddy said.

Missouri law does not define what type of lethal gas is to be used in executions, the complaint said, and allows the director of the Department of Corrections to determine which can be used. Recent legislation passed in Oklahoma allows �the use of nitrogen gas which can induce� a shortage of oxygen �as a method of execution,� Johnson�s lawyer wrote. They also filed a copy of a study lawmakers in Oklahoma commissioned that shows, according to the complaint, that nitrogen gas is a safe, cheap and readily available alternative to injection.

The necessary implements for nitrogen-induced hypoxia are available in the open market, and the gas can be given to Johnson via a mask, hood or other enclosed device, the complaint said, making it unnecessary to build a new, operable gas chamber.

�An execution by lethal gas would significantly reduce the substantial and unjustifiable risk of severe pain that currently exists with Missouri�s current lethal injection method, as applied to Mr. Johnson,� the complaint said.

Johnson was sentenced to die for the February 1994 murders of Mary Bratcher, Mable Scruggs and Fred Jones in a drug-fueled robbery at a northeast Columbia convenience store. Courts twice overturned his sentence, but a third challenge was unsuccessful. His execution was postponed again in November when the U.S. Supreme Court sent his case back to the Eighth U.S. Circuit Court of Appeals, which subsequently sent it back to U.S. District Court, where Monday�s complaint was filed.

Nanci Gonder, spokeswoman for the Missouri Attorney General�s Office, said an answer to the complaint will be filed by Aug. 22, the deadline for her office to do so. She did not comment further.

Johnson�s attorneys for the second time submitted the affidavit and opinion of Joel Zivot, an Emory University physician, who examined Johnson in summer 2015.

If Johnson does experience seizures and pain in the execution, done via an injection of pentobarbital, the state�s execution protocol does not offer any guidance on what the execution team is supposed to do or how it would treat Johnson if the execution fails to kill him, the complaint said.

�Missouri�s protocol is grossly inadequate to address the significant risks to Mr. Johnson during an execution � risks that could cause an excruciating and severely painful procedure,� the attorneys wrote.

Source: The Columbia Daily Tribune, Alan xx, August 3, 2016

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

Missouri: Attorneys for death-row inmate suggest method for lethal gas execution

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Student Hassan Afshar is first child offender executed in country this year

Concerns that �rape� offence may in reality have been consensual gay sex

Amnesty International has revealed that a teenager has been executed in Iran after being convicted of the rape of another boy, the first confirmed execution of a child offender in Iran this year.

Amnesty, which has been carrying out extensive research into the situation of child offenders on death row in Iran, found that Hassan Afshar, 19, was hanged in Arak�s Prison in Markazi Province on 18 July, after being convicted of �lavat-e be onf� (forced male-to-male anal intercourse) in early 2015. 

The execution went ahead even though Iran�s Office of the Head of the Judiciary had promised his family that they�d review the case on 15 September. Iran�s Supreme Court initially overturned the sentence due to incomplete investigations but ultimately upheld it in March.

Last year Iran carried out at least four executions of those who�d been convicted of offences they were accused of committing while aged below 18. For the 160 child offenders who remain on death row in Iran, news of Afshar�s execution will come as a terrifying blow, said Amnesty. 

Just days after Afshar�s execution, the authorities also scheduled the execution of Alireza Tajiki, another child offender. His execution had been due to take place yesterday, but was postponed following public pressure.

Hassan Afshar was arrested in December 2014 after the authorities received a complaint accusing him and two other youths of forcing a teenage boy to have sexual intercourse with them. Afshar maintained that the sexual acts were consensual and that the complainant�s son had willingly engaged in same-sex sexual activities before.

In Iran, men and boys who engage in same-sex anal intercourse face different punishments under Iranian criminal law depending on whether they�re the �active� or �passive� partners and whether their conduct is characterised as consensual or non-consensual.

If deemed consensual the �passive� partner faces a death sentence. The �active� partner, however, is sentenced to death only if he is married or if he is not a Muslim and the �passive� partner is a Muslim. If the intercourse is deemed non-consensual, the �active� partner receives the death penalty but the �passive� partner is exempted from punishment and treated as a victim.

This legal framework risks creating a situation where a willing �passive� partner of anal intercourse may feel compelled, when targeted by the authorities, to characterise their consensual sexual activity as rape in order to avoid the death penalty.

While the authorities must always investigate allegations of rape and prosecute those responsible in fair trials, rape does not fall into the category of offences for which the death penalty can be imposed under international law. Furthermore, the criminalisation of same-sex sexual activity between consenting adults violates international human rights law.

Amnesty International�s Middle East and North Africa Deputy Director at Magdalena Mughrabi said:

�Iran has proved that its sickening enthusiasm for putting juveniles to death, in contravention of international law, knows no bounds.

�Hassan Afshar was a 17-year-old high school student when he was arrested. He had no access to a lawyer and the judiciary rushed through the investigation and prosecution, convicting and sentencing him to death within two months of his arrest as though they could not execute him quickly enough.�

Background

International law, including the Convention on the Rights of the Child to which Iran is a state party, absolutely prohibits the use of death penalty for crimes committed when the defendant was below 18 years of age. It also restricts the application of the death penalty to the �most serious crimes�, which refers to intentional killing. Amnesty opposes the death penalty unconditionally, for all cases and under any circumstances.

Source: Amnesty International, August 3, 2016

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Opposed to Capital Punishment? Help us keep this blog up and running!


"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

Iran hangs teenage student in first child offender execution of the year