I ran away from my home at age 16 and married the boy I loved. He died in an accident and after that I commenced prostitution and became addicted to drugs. I contracted HIV and hepatitis. When my baby was born, I killed her because I did not want to have the same fate as me.
It’s been reported that the prosecution against her advanced in spite of the forgiveness extended her by the victim’s family; one supposes in this case that means the family of her late husband; ordinarily, under Iran’s sharia law, the victim’s family has the right to pardon an offender any time up to or even during the execution.
You’ll need Persian to understand this video blog about Soheila Ghadiri by Iranian opposition figure Azar Majedi:
On this date in 2008, Mexican national Jose Medellin was executed by Texas, pleasurably sticking its thumb in the eye of the International Court of Justice.
U.S. state and local officials have often displayed the ugly-American tendency to view binding treaty obligations as a Washington thing of no moment to the likes of a Harris County prosecutor. So when Medellin was arrested for the 1993 rape-murder of two teenage girls in a Houston park, the idea of putting him right in touch with Mexican diplomats to assist his defense was, we may safely suppose, the very farthest thing from anyone’s mind.
Yet under the Vienna Convention, that is exactly what ought to have occurred. The idea is that consular officials can help a fellow on foreign soil to understand his unfamiliar legal circumstances and assist with any measures for his defense — and by common reciprocity, every state is enabled to look after the interests of its nationals abroad.
A widespread failure to do this, in death cases and others, has involved the United States in a number of international spats over the years.
Jose Medellin was among more than 50 Mexican prisoners named in one of the most noteworthy of these: the Avena case, a suit by Mexico* against the United States in the International Court of Justice.
In its March 31, 2004 Avena decision, the ICJ found that U.S. authorities had “breached the obligations incumbent upon” them by failing in these instances to advise the Mexican nationals it arrested of their Vienna Convention rights, and of failing in almost all those cases likewise to advise Mexican representatives that a Mexican citizen had been taken into custody.
“The appropriate reparation in this case,” the 15-judge panel directed, “consists in the obligation of the United States of America to provide, by means of its own choosing, review and reconsideration of the convictions and sentences of the Mexican nationals.”
If you think the Lone Star State’s duly constituted authorities jumped right on that “obligation,” you must be new around here.
Several years before, the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions visited the United States and filed a report complaining “that there is a generalized perception that human rights are a prerogative of international affairs, and not a domestic issue.”
“Domestic laws appear de facto to prevail over international law, even if they could contradict the international obligations of the United States,” the Special Rapporteur noted.
Texas, famed for not being messed with, took a dim view indeed to being bossed about from The Hague. Indeed, the very concept of foreign law and international courts is a gleefully-thrashed political pinata among that state’s predominant conservative electorate.
U.S. President George W. Bush — a former Texas governor who in his day had no time at all for appeals based on consular notification snafus — in this instance appealed to Texas to enact the ICJ’s proposed review.† In fact, he asserted the authority to order Texas to do so.
“The World Court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court,” a spokesman of Gov. Rick Perry retorted.
This notion that America’s federalist governance structure could insulate each of her constituent jurisdictions from treaty obligations undertaken by the nation as a whole naturally seems preposterous from the outside. But in the U.S., this dispute between Washington and Austin was resolved by the Supreme Court — and the vehicle for doing so was an appeal lodged by our man, Medellin v. Texas.
The question at stake in Medellin was whether the treaty obligation was binding domestic law on its own — or if, by contrast, such a treaty required American legislative bodies to enact corresponding domestic statutes before it could be enforced. The high court ruled for the latter interpretation, effectively striking down Avena since there was zero chance of either Texas or the U.S. Congress enacting such a statute.
Medellin, the decision, spelled the end for Medellin, the man — and, at least for now, the end of any prospect of effectual intervention in American death penalty cases by international tribunals.
Minutes before dawn prayers today, Pakistan hanged Shafqat Hussain in Karachi Central Jail.*
He’s the latest casualty of Pakistan’s wild death penalty resurgence following last December’s bloody terrorist attack on a Peshawar school — leading Islamabad to break a moratorium on carrying out the death sentences that it was continuing to hand down.
And how! According to the BBC, today’s hanging brings to 193 the total of people put to death in the little more than half-year since; Pakistan could stop hanging today (it won’t) and easily rank among 2015’s execution leaders by the end of the year.
Though the first victims of the new policy were people previously death-sentenced for terrorism, and thereby at least thematically linked to the Peshawar massacre, Pakistan by March had dropped the distinction and commenced hanging prisoners by the fistful for ordinary crimes, too.
Shafqat Hussain’s name has repeatedly entered the news cycle during that time, as he has faced and then avoided multiple execution dates, most recently this past June 9. Some have gone to the very brink, and seen the young man reprieved moments from donning his hanging-shroud.
Hussain denied committing the crime laid at his door — the abduction and murder of a 7-year-old boy in the area where he worked as a watchman — but a confession “allegedly” obtained by torture doomed him. Guilt aside, the matter garnered worldwide headlines (and advocacy) largely on account of his youth: Hussain and his advocates say he was a minor of age 14 or 15 when arrested; Pakistani courts have found him to have been 23. (!) It is this dispute about the age that has been at the center of Shafqat Hussain’s recent heart-stopping cycle of appeals and stays.
Shortly before his execution, Shafqat Hussain put his byline to a compelling first-person testimonial for CNN about life on Pakistan’s death row and the experience of nearing an imminent execution date.
When the jailer tells me that my execution date has been set, he separates me immediately from the other prisoners. I spend all seven days by myself in a cell in the barracks for prisoners about to be executed. They conduct a physical exam every one of those seven days. They weigh me every day, take my blood pressure and temperature as well.
On the last two days they also measure my height, my neck and my body for the clothes I am to wear when they hang me.
One day before my hanging, they tell me about my final visit with my family and that I need to execute my will. I cannot really say what I am thinking in those last seven days. My brain is thinking all sorts of things.
* According to a brother, who told AFP that “there is a cut mark on his neck and half of his neck is separated from his body,” they did not hang him very well.
On this date in 2009, Yemen conducted the public execution of Yahia al-Raghwa for the rape-murder of an 11-year-old boy who had visited his barber shop the previous December.
Reportedly, the sentence had initially called for the man to be thrown from a high building as punishment for same-sex activity. Instead, it was “commuted” to the shooting depicted below, in the capital city of Sana’a. (ISIS has carried out such executions-by-precipitation more recently.)
Warning: Mature Content. (Actually only the very last image is truly bloody.)
On this date in 2007, Jafar Kiani was stoned to death in Iran for committing “adultery while married” with Mokarrameh Ebrahimi, by whom Kiani had two children. She was condemned to the same death, for the same crime.
Ma’iz b. Malik al-Aslami came to Allah’s Messenger (may peace be upon him) and said: Allah’s Messenger, I have wronged myself; I have committed adultery and I earnestly desire that you should purify me … a ditch was dug for him and he (the Holy Prophet) pronounced judgment about him and he was stoned.
… There came to him (the Holy Prophet) a woman from Ghamid and said: Allah’s Messenger, I have committed adultery, so purify me. … He said: Well, if you insist upon it, then go away until you give birth to (the child). When she was delivered she came with the child (wrapped) in a rag and said: Here is the child whom I have given birth to. He said: Go away and suckle him until you wean him. When she had weaned him, she came to him (the Holy Prophet) with the child who was holding a piece of bread in his hand. She said: Allah’s Apostle, here is he as I have weaned him and he eats food. He (the Holy Prophet) entrusted the child to one of the Muslims and then pronounced punishment. And she was put in a ditch up to her chest and he commanded people and they stoned her. Khalid b Walid came forward with a stone which he flung at her head and there spurted blood on the face of Khalid and so he abused her. Allah’s Apostle (may peace be upon him) heard his (Khalid’s) curse that he had huried upon her. Thereupon he (the Holy Prophet) said: Khalid, be gentle. By Him in Whose Hand is my life, she has made such a repentance that even if a wrongful tax-collector were to repent, he would have been forgiven. Then giving command regarding her, he prayed over her and she was buried.
“Article 102 — An adulterous man shall be buried in a ditch up to near his waist and an adulterous woman up to near her chest and then stoned to death.” (
Such sentences were implemented fairly widely in the immediate aftermath of the Iranian Revolution, when sharia strictures were inscribed in law. (Human Rights Watch estimates that the Islamic Republic has conducted at least 70 executions by stoning since its birth in 1979, though reckonings of double that figure or more can also be had. Iran has not exactly prioritized transparency in this area.)
In the 21st century, however, Iran has distinctly toned down stoning executions.
It is obvious from Kiani’s execution that this directive did not carry absolute authority; with a pair of 2009 stonings, a judiciary spokesman explained that the so-called moratorium was merely an “advisory”, and that “judges are independent.” Kiani’s execution was justified on the grounds that the Supreme Court had approved the sentence.
Amnesty International reported at least six stonings from 2006 to 2009, but the independence of local judges has not since that time sufficed to overcome Tehran’s growing reservations about the controversial punishment. It appears that Iran has not carried out any known stonings from 2010 onward, which was right around the time worldwide outcry saved adulteress Sakineh Mohammadi Ashtiani from death by stoning. (She was eventually released altogether.)
Jafar Kiani’s lover Mokarrameh Ebrahimi, who had also been languishing under the same sentence for 11 long years at the time of Kiani’s execution, was, at least, a beneficiary of Iran’s growing reticence to implement such sentences. Campaigners were able to win her release in March 2008.
“The execution of criminals involved in terrorist attacks and violent crimes answers the calls of all ethnic groups, deters criminal activities, and demonstrates the resolve of the Communist Party of China and the government in cracking down on terrorism,” a Chinese court spokesman said, speaking of three of this date’s condemned who were sentenced together for a series of attacks in Lukqun (Turpan prefecture) that slew 24 police officers.
The executions on this day were surely coordinated for their demonstrative effect, days after Chinese authorities announced a “one-year crackdown” in Xinjiang one day after two SUVs bombed a market in Ürümqi, killing 43 people and injuring over 90 others.
Notwithstanding China’s strenuous attempt to frame the “crackdown” as one targeting only terrorists, security measures have bled insensibly into a crackdown on Muslims, targeting conservative Islamic cultural markers like veiled faces. It’s a sure bet that we haven’t heard the last of this flashpoint.
Khosravi rocketed up the world’s rich lists — Forbes estimated that he would slot in around no. 219 in 2012 — during the late 2000s, when he launched the Aria Investment Development Company. This firm sprouted up from a strapling of 50 million rial (just a couple thousand US dollars) to 20 billion rial in just three years — thanks, as investigations ultimately revealed, to a series of bank loans obtained by means of forged documents that bank managers were tricked or bribed into accepting, then using those loans to purchase state-owned companies like Khuouzestan Steel at sweetheart rates.
According to the Associated Press, “Khosravi’s business empire included more than 35 companies from mineral water production to a football club and meat imports from Brazil.” His fall was a gigantic scandal, generally reckoned the largest financial scam in the history of the Islamic Republic.
At 10:29 a.m. on this date in 2013, 46-year-old Steven T. Smith was executed in Lucasville, Ohio for the 1998 murder of his girlfriend’s daughter, Autumn Breeze Carter.
Killer and victim.
The Ohio Parole Board called him “the worst of the worst” and concluded, “It is hard to fathom a crime more repulsive or reprehensible in character.”
No wonder: Smith had literally raped six-month-old Autumn to death.
Summing up the case in January 2002, the Ohio Supreme Court wrote,
We find nothing about the nature and circumstances of the offense to be mitigating. For ten to thirty minutes, Smith brutally raped and murdered Autumn Carter while her mother was asleep in the apartment. The violent nature of the attack was demonstrated by the fact that Autumn’s hair was ripped out, her vagina and anus were seriously damaged, she was suffocated by the weight of Smith on her small body, and she suffered subarachnoid and retinal hemorrhages. The crime is nothing less than a horrific, senseless murder committed against a small, defenseless baby.
Little Autumn died on the night of September 29, 1998. Her mother, nineteen-year-old Kesha Frye, woke up at 3:30 a.m. to discover a naked and extremely drunk Smith placing the baby’s naked body on the bed. Autumn’s tiny pink sleeper was found under the living room coffee table, clumps of her hair were on top of the coffee table, and shreds of her diaper were scattered around the room. The rest of the diaper was in a trash can outside.
According to court documents, paramedics summoned by Frye’s frantic 911 call
observed injuries on [Autumn’s] head and bruising around her eyes. They began CPR, and Autumn was transported to the hospital. The emergency room doctor testified that upon her arrival, Autumn had no pulse and had suffered a retinal hemorrhage. In addition to her visible bruising, the physician also stated that Autumn had bruising around her rectum and that the opening of her vagina was ten times the normal size for a baby her age…
They spent an hour trying to revive her, but it was too late.
Smith denied knowing anything about it: “I didn’t do anything. I’m not sick like that.”
He would keep up his denial for the next fourteen and a half years.
The cause of death was determined to be compression asphyxia and blunt force trauma to the head. Medical experts would testify that Smith could have suffocated the child by accident about three to five minutes into the assault, which may have lasted up to half an hour. The prosecution, however, contended he had deliberately beaten Autumn to death.
(During the trial, the coroner used a baby CPR doll to demonstrate how Autumn was injured. The doll’s head and one its legs actually came off in the process. One is reminded of the “Brides in the Bath” case where, when they were demonstrating how the defendant might have drowned his victim, they nearly killed their model.)
Five witnesses testified on Smith’s behalf during the sentencing phase of his trial. Relatives stated he’d started drinking at age nine or ten and struggled with an alcohol problem his whole life. His biological father was absent and his first stepfather was a violent substance abuser, but his second stepfather was a “decent guy” and his grandmother was also a positive influence early in his life.
A clinicial psychologist who tested him placed his IQ in the low-average range and could find nothing wrong with him mentally other than alcoholism and chronic, mild depression. A corrections officer testified Smith rarely broke the rules in jail and was always respectful of the guards. Prior to his arrest for Autumn’s murder, Smith’s only criminal convictions had been for DUI.
The month before his death, when he appealed to the parole board for clemency, Steve Smith finally admitted his crime. He said he hadn’t meant to kill Autumn and offered the lame excuse that he was too drunk to realize what he was doing. His attorneys called it “a horrible accident.”
That Steve Smith was very, very drunk that night was never in doubt. Eight hours after the attack his blood alcohol level tested at .123, well above the legal limit. The police found ten beer cans in the trash bin with Autumn’s diaper. An expert who testified for the defense believed Smith’s blood alcohol level was somewhere between .36 and .60 at the time of Autumn’s murder — enough to kill most people, but Smith had developed a tolerance.
Smith’s last meal consisted of fried fish, pizza, chocolate ice cream and soda. He declined to make a final statement. He only stared at his daughter behind the glass. She and her cousin wept after Smith was pronounced dead; Autumn’s family cheered.
Kesha Frye: “I’m glad he’s dead, and I hope he burns in hell.”
Patrick Hicks, Autumn’s grandfather: “Because of him, Autumn never had a chance to take her first step, she never had her first birthday or a first day at school. It’s just unfortunate that this man gets to die a peaceful death after the torture he put Autumn through.”
Brittney Smith, Steve’s 21-year-old daughter: “I know my dad’s innocent. I do not believe he did this, and you know, he raised all my cousins, my sister before I was even born, and he never did anything [sexual].”
Steve’s attorney: “He was well-behaved and sober while in prison, causing no problems in the institution and living each day with the guilt and grief caused by his alcohol-fueled crime. While some may trumpet his execution as appropriate revenge for his crime, Ohio is no safer having executed Steven Smith than had he lived the remained of his natural life in prison.”
Moments after midnight today, Indonesia shot eight men for drug trafficking.
Coffins and grave markers for the condemned, readied prior to their executions.
Bitterly controversial in Australia and dominating headlines there at this hour, the execution’s most prominent victims were Andrew Chan and Myuran Sukumaran, condemned as ringleaders of an Australian drug-smuggling ring dubbed the Bali Nine. (The other seven members of the ring have prison sentences.)
Australia has reportedly withdrawn its ambassador to Indonesia to protest Jakarta’s turning a deaf ear to the many public and private appeals it has floated on behalf of its citizens.
The others shot early this morning were:
Nigerians Okwuduli Oyatanze, Martin Anderson, Raheem Agbaje Salami, and Silvester Obiekwe Nwolise
Brazilian Rodrigo Gularte
Indonesian Zainal Abidin
The party of eight was initially to be as many as ten. Frenchman Serge Atlaoui mounted a legal challenge that has for now delayed his execution; Filipina Mary Jane Veloso, who has claimed that she was completely unaware of the heroin hidden in her luggage when she arrived in Indonesia as an Overseas Filipina Worker, was spared just minutes before the execution at Manila’s urgent request when the woman alleged to have been her handler turned herself into police in the Philippines. But neither Atlaoui’s nor Veloso’s death sentence has actually been lifted, and both could eventually be shot to death
Chan’s and Sukumaran’s executions in particular are playing worldwide as a stark culture clash relative to a West that is more and more backing off the drug war,* especially given the widely advertised rehabilitation of Bali Nine duo. Chan found god; Sukumaran, a passion for painting.
Myuran Sukumaran’s ominous painting from just a few days ago: “Time is Ticking: Self-Portrait”
But one of the most self-evident readings of the affair is as a banal exercise in political expedience.
Indonesian President Joko Widodo, who hasn’t the firmest grasp on power in his country, has a surefire political winner in executing drug smugglers — plus a cherry on top for defying Australian meddling into the bargain.
Not that Widodo was ever likely to waver, but his southern neighbor’s great gnashing of teeth probably only strengthened his resolve to pull the trigger. If the intent of Indonesia’s death sentence is to scare prospective mules off crossing Indonesian soil, it was so much free advertising.
“This cannot be simply business as usual,” Australian Prime Minister Tony Abbott said — but both leaders know the score. Countries don’t undo statecraft for common criminals.
Feelings are sure to be raw for the immediate future, and matters might develop quickly for the still-ongoing sagas of Serge Atlaoui and Mary Jane Veloso. Live blogs at the Guardian have a fascinatingly wide spectrum of reaction (Twitter intervention by @AxlRose!) from the evening of the execution and its aftermath.
“They dressed him up in white uniform for the execution,” Hussain’s brother* told the press. “Then they asked him to write his last will. He wrote: ‘I am innocent. They want to hang me for a crime I have not committed, to save others who have been freed.'”
Shafqat Hussain’s family reportedly produced a birth certificate supporting its contention that Hussain was 14 when arrested. Pakistan has contended that he was 23.
* Some news stories are naming that brother as “Gul Zaman” which is also the name reported for one of the killers hanged today. I’m not sure if this is media sloppiness, or if there are two distinct people involved in the day’s drama who happen to share a name.