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Legal news from Monday, April 21, 2008 |
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Supreme Court rejects death penalty appeals after lethal injection ruling
Alexis Unkovic on April 21, 2008 2:06 PM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] Monday denied [order list, PDF] without comment petitions for certiorari filed by 10 death row inmates seeking to have their executions blocked. Last Wednesday, the Supreme Court ruled [JURIST report] that lethal injection [JURIST news archive] does not violate the Eighth Amendment's prohibition against cruel and unusual punishment. Three of the inmates whose petitions were denied Monday were previously granted last minute stays of execution, including Earl Wesley Berry and Carlton Turner, Jr. [JURIST reports]. The petitioners may soon be executed as their stays of execution terminated automatically when their appeals for certiorari were denied. AP has more.
Last week's Supreme Court ruling came in Baze v. Rees [Duke Law case backgrounder; JURIST report], where lawyers for Kentucky death row inmate Ralph Baze argued that the three-drug lethal injection cocktail [DPIC backgrounder] used in most states violates the US Constitution because the first drug administered can fail to make the subject fully unconscious, thereby making the subject suffer excruciating pain when the heart-stopping drug is injected. Also last Wednesday, several US states, including Virginia and Oklahoma, announced that they would resume executions by lethal injection [JURIST report] after the Supreme Court's decision.


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Afghan president rejects death penalty moratorium
Michael Sung on April 21, 2008 9:28 AM ET

[JURIST] Afghan President Hamid Karzai [official website; BBC profile] rejected calls for the reinstatement of a moratorium [JURIST report] on the death penalty Monday, saying that while he prefers life sentences, he will abide by Islamic law's sanctioning of the death penalty for certain crimes, including the kidnapping and murder. Under Afghan law, President Karzai is required to sign execution orders after courts issue the sentences.
Last week, the Afghan Supreme Court approved death sentences issued by lower courts for 100 prisoners convicted of kidnapping, hostage taking, armed robbery, murder, and rape. Human Rights Watch (HRW) [advocacy website] urged Karzai to reinstate a moratorium on the death penalty, noting that Afghan legal experts had reservations in a number of criminal trials [press release], citing incomplete investigations and the failure of courts to disclose crucial evidence leading to convictions. Last October, Afghanistan abruptly lifted its moratorium on the death penalty [JURIST report], executing 15 prisoners by firing squad. UN High Commissioner for Human Rights Louise Arbour has also urged Afghanistan to reinstate the ban [JURIST report] on the death penalty. AP has more.


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UN official calls for enhanced arms control to advance human rights
Michael Sung on April 21, 2008 9:05 AM ET

[JURIST] Sergei Ordzhonikidze, director-general of the UN Office at Geneva [official websites], on Monday urged UN member states to advance the cause for human rights by increasing arms control efforts, saying that the improvement of human rights in developing regions will enhance long-term peace, stability, and contribute to sustainable development. Ordzhonikidze comments came during the inaugural Beijing Forum on Human Rights; he said that increased arms control will free up additional resources, which should instead be allocated for the advancement of human rights.
The Beijing Forum on Human Rights is commemorating the adoption of the Universal Declaration of Human Rights (UDHR) [text] in 1948. The UDHR declared that every person has the right to life, and disavows slavery, torture, cruel, inhuman or degrading treatment or punishment. Xinhua has more.


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