Tag Archives: 2000s

2008: Jose Medellin, precedent

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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.

Texas scoffed.

“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.

* Mexico, which no longer has the death penalty itself, has the heavy preponderance of foreign nationals on United States death rows at any given time.

** The Texas Attorney General’s press release announcing Medellin’s execution included a detailed appellate history of the case which pointedly excluded anything that happened in the ICJ.

† The Bush administration did take one effective step to avoid a similarly embarrassing situation in the future: it withdrew the U.S. from the consular notification convention.

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2009: Yahia al-Raghwa, shot in Sana’a

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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.)

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2007: Jafar Kiani, stoned

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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.

–one of many hadiths to sanction stoning (the Quran does not do so explicitly)

A frighteningly primitive form of execution, stoning is a legally prescribed form of execution for extramarital concupiscience in Iran.

“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.

The head of Iran’s judiciary announced in 2002 what was widely reported as a “moratorium” or even a “ban” on stonings.

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.)

Nevertheless, the stoning laws have remained on the books, and people are still being sentenced to be buried in a hole and lethally pelted with rocks. Iran explored removing stoning from its penal codes altogether in 2012, but the Guardian Council reportedly rescued stoning and the final version of that legislation in 2013 retained the option.

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.

Elahe Amani discusses stoning in Iran in a 2013 podcast here.

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2006: Sanjaya Rowan Kumara, with “signs of life”

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Sri Lankan national Sanjaya Rowan Kumara was hanged on this date in 2006 at Kuwait’s Central Prison for murdering a woman while robbing her house.

He was pronounced dead and cut down within eight minutes. But …

medics who transported his body to a morgue said they noticed he was still moving, Al-Qabas daily reported.

Forensic experts were immediately called to examine the body and they confirmed that “there was some weak pulse in his heart,” the daily said.

The examination was repeated several times and each time “the dead body showed some signs of life,” Al-Qabas quoted unnamed medical sources as saying.

“They eventually pronounced him completely dead at 1400 hours local time,” five hours after his hanging, the sources said.

The justice ministry refused to comment on the report but head of the criminal execution department, Najeeb al-Mulla, who supervised the hanging, told Al-Watan newspaper the report was “baseless.”

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2006: Sheikh Zana, Erbil terrorist

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On this date in 2006, the government of Kurdistan hanged eleven members of an alleged “terrorist cell” in its capital of Erbil.

Sheikh Z(h)ana Abdel Karim Barzinji and his gang “were involved in kidnapping and killing innocent people,” per media accounts, and security forces made sure to provide to television statements dubiously adulterated videotapes of confessions they had wrung from the group. The confessions copped to beheadings and bomb attacks, as well as to gay sex and child rape.

It was the first known judicial execution in Kurdistan since it attained functional autonomy in 1992 — but authorities still delayed it in deference to the moratorium on executions in Iraq immediately following the U.S. invasion. When Baghdad resumed executions in September 2006, Erbil went ahead and did so as well.

Victoria Fontan, a scholar of peace and conflict studies resident in Iraq, remembered her horror at watching with Kurdish friends the stagey confession broadcast in her Voices from Post-Saddam Iraq: Living with Terrorism, Insurgency, and New Forms of Tyranny. In particular, Fontan takes note of the incendiary gay-baiting used to demonize the accused, a shaming tactic she has noted in widespread use against insurgents on Iraqi television.

This was coming at a time when Erbil had just suffered an especially bloody suicide attack, and residents were demanding answers and more security. Because I had heard of similar homosexual accusations related to al-Qaeda before, my reaction was a mix of amusement and skepticism. A gay/pedophile/Islamist/terrorist network: how convenient to discredit any insurgent effort for years to come …

The entire city was waiting for the confessions, which finally came in the most sordid of manners, interrupted with footage of gay sex, executions, and much gore. The fact that the confessions were intermittent, cut off abruptly at times, that the images of gay sex supposed to have been filmed by Sheikh Zana and his group could have been filmed by anyone even after the culprits’ arrest — in the same way that some were filmed in Abu Ghraib — was not relevant at all to the viewers of this show. My friend Rowand and his family were mesmerized and disgusted. When I expressed my skepticism, they politely dismissed it. This footage appealed to the deepest of Iraqi collective fears, the fear of being exposed as a homosexual.

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2007: Daryl Holton, wanted dead

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Daryl Holton went to the Tennessee electric chair.

Holton was an depressive Gulf War veteran with an acrid relationship with his ex-wife Crystle.

Bitter at being kept from his children for weeks on end, Holton picked up his three kids and their half-sister on November 30, 1997 and told them they’d be going Christmas shopping.

According to the confession that he gave when he turned himself in later that night, he instead drove them to an auto repair shop in Shelbyville, where he shot them in two pairs by having first Stephen and Brent (aged 12 and 10) and then Eric and Kayla (aged 6 and 4) stand front-to-back facing away from him, then efficiently shot them unawares through the back with an SKS. (Eric and Kayla played elsewhere while the older boys were murdered. Eric was hearing-impaired.)

“They didn’t suffer,” Holton would tell his shocked interrogators that night. “There was no enjoyment to it at all.”

The original plan was to complete a family hecatomb by proceeding to murder Crystle and her boyfriend, and then commit suicide. But on the drive over, Holton lost his zest for the enterprise, smoked a joint, and just went straight to the police where he announced that he was there to report “homicide times four.”

Holton had a light trial defense focused on disputing his rationality and competence at the time of the murders — a theme that appellate lawyers would attempt to return to, hindered significantly by Holton’s refusal to aid them or to participate in legal maneuvers that would prevent his execution. A spiritual advisor reported him at peace with his impending death: “He’s very clear, very focused.”

Holton is met in depth in the 2008 documentary Robert Blecker Wants Me Dead, detailing his remarkable relationship — even friendship — with vociferous death penalty proponent Robert Blecker.

Holton’s was Tennesee’s first electrocution in 47 years and, as of this writing, its last. The Volunteer State subsequently removed electrocution from its statutes altogether — but in 2014 it re-adopted the electric chair as a backup option in view of the nationwide shortage of lethal injection drugs.

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2009: Li Peiying, corrupt aviation kingpin

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On this date in 2009, China executed Li Peiying, the former chairman of a vast airport conglomerate that managed, among many others, Beijing Capital International Airport.

Li was convicted on corruption charges that netted £11 million in bribes and embezzled public funds from 1995 to 2003. Li’s case for leniency was that he gave it all back; the court’s case for aggravation was that Li had solicited (and not merely accepted) the bribes, an “extremely serious crime” resulting in “large economic losses.” For instance, nightclub mogul Qin Hui* was able to secure through Li $90 million in loans and guarantees

The state-owned Capital Airports Holding Co. that Li managed was reported at the time of his execution to employ 38,000 people and handle 30% of China’s air traffic.

In 2011, the successor to the corporate titancy Li was deposed from, Zhang Zhizhong, was himself convicted of wholesale corruption.** Perhaps in deference to China’s ongoing gradual de-escalation of penalties imposed for white-collar economic crimes, Zhang received only a 12-year prison sentence.

* Qin Hui shares a name with a villain in the classical story of Yue Fei. Our Qin Hui just owned the Paradise club in the Great Wall Sheraton.

** China’s aviation industry as a whole is notorious for corruption.

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2005: Steven Vincent, Iraq War journalist

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On this date in 2005, U.S. journalist Stephen Vincent was abducted off the streets of Basra by a Shia militia. Before the day was out, he had been extrajudicially executed on the outskirts of town — along with his assistant and translator, who managed to survive the execution.

Vincent, originally from California, had been a New York journalist (most prominent on the arts scene) for more than twenty years when he stood on his apartment’s roof on September 11, 2001, and watched United Airlines Flight 175 smash into the South Tower of the World Trade Center.

Deeply shaken by the specter of Islamic terrorism and wanting to, as he put it, “do my part in the conflict”, Vincent took an abrupt turn from his Gotham haunts and in 2003 bought his own ticket to Iraq to venture into the war zone with nothing but wits honed by a lifetime’s freelancing. Free of both institutional control and institutional protection, and picking up his Arabic on the fly, the dauntless Vincent reported from the ground in war-ravaged Iraq, eyed by perplexed officials who could scarcely help but suspect him a spy.

His 2004 book In the Red Zone: A Journey into the Soul of Iraq captures his impressions.

In April 2005, Vincent returned to Iraq — this time, to Muqtada al-Sadr‘s* bastion in the Shia south where, as he put it in a post on his still-extant blog, “militant Shiites … have transformed once free-wheeling Basra into something resembling Savonarola‘s Florence.”

One of few Western journalists in British-occupied but increasingly Sadr-controlled Basra, Vincent filed numerous stories raising the alarm on fundamentalism and Iranian influence.

“Basran politics (and everyday life) is increasingly coming under the control of Shiite religious groups,” Vincent wrote in a July 31, 2005 New York Times piece that would prove to be his last. “And unfortunately, the British seem unable or unwilling to do anything about it.”

Vincent traces the early cracks that would widen into Iraq’s now-familiar sectarian fracturing, and the ruins of a secular society as institutions like the university dare not shoo away self-appointed purity monitors of students’ dress and conduct lest they invite the wrath of the Iranian-backed Shia parties (and Shia police).

An Iraqi police lieutenant, who for obvious reasons asked to remain anonymous, confirmed to me the widespread rumors that a few police officers are perpetrating many of the hundreds of assassinations — mostly of former Baath Party members — that take place in Basra each month. He told me that there is even a sort of “death car”: a white Toyota Mark II that glides through the city streets, carrying off-duty police officers in the pay of extremist religious groups to their next assignment.

This passage prefigures Vincent’s own fate, and it’s thought to be the fact of his filing reports like this one that sealed it. Returning on the afternoon of August 2 from a Basra currency exchange with his translator Nouriya Itais Wadi (or Nouri al-Khal; Steven Vincent referred to her as “Leyla” in the personal dispatches he posted on his blog),** the pair was seized in broad daylight by armed men in a white police vehicle. Hours later, their bodies were recovered just a short drive away. Or rather, Vincent’s body was recovered: his aide, left for dead by her executioners, was clinging to life despite multiple gunshot wounds.

There’s an Open Source Radio interview with Vincent’s widow Lisa Ramaci-Vincent from August 10, 2005, available as a podcast here. After yet another journalist was abducted and murdered in Basra a few weeks later, Ramaci-Vincent launched the Steven Vincent Foundation “to assist the families of indigenous journalists in regions of conflict throughout the world who are killed for doing their jobs, and to support the work of female journalists in those regions.” She also helped Nouriya, who survived her injuries, to emigrate to the U.S.

Muqtada al-Sadr, who survived a 2008 attack by the American-backed Iraqi army on Basra, remains today one of the dominant figures in Iraqi politics.

* Saddam Hussein — a Sunni — had the name “Muqtada” chanted at him by his executioners during the fiasco of his hanging.

** Vincent’s relationship with his unmarried translator has also been cited as a possible factor in their murder. He was apparently planning to marry her opportunistically to help her escape Iraq, a plan that his wife knew about and supported.

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2008: Christopher Scott Emmett, jocund

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(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. This post originally appeared on the Last Words blog. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

“Tell my family and friends I love them, tell the governor he just lost my vote. Y’all hurry this along, I’m dying to get out of here.”

— Christopher Scott Emmett, convicted of murder, lethal injection, Virginia.
Executed July 24, 2008

The Washington Post reported: “Emmett fatally beat his roofing company co-worker, John F. Langley, with a brass lamp in a Danville, Va., motel room in 2001. He then stole Langley’s money to buy crack.” He later lost an appeal in Virginia claiming that the state’s lethal injection protocol constituted “cruel and unusual” punishment.

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2000: Robert Earl Carter, exonerating Anthony Graves

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On this date in 2000, Robert Earl Carter was executed in Texas for slaughtering six people at the home of his Somerville ex, after the latter filed a child support suit against him.

The ex herself, Lisa Davis, wasn’t home at the time. But Carter’s stabbing-and-shooting rampage slew Davis’s mother Bobbie, Bobbie’s 16-year-old daughter Nicole, Robert and Lisa’s son Jason (the subject of the support suit), and three other small children that shared the residence. After murdering them, Carter set the house on fire: the burns he suffered to his own face and arms in the process helped connect him to the crime.

Pressed by interrogators, Carter at first admitted only that he was present with someone else who carried out the murders. Over time, he broke down and admitted to the slayings himself.

But Carter’s supposed other party also became a character fixed in the story that investigators were looking to tell — and that party’s identity became fixed on a casual acquaintance whom Carter eventually accused: Anthony Graves.

No forensic evidence implicated Graves, but Carter provided damning testimony at Graves’s 1994 trial. On that occasion, Carter claimed to have shot the teenage daughter Nicole, while Graves committed the rest of the murders, testimony that sent Anthony Graves to death row as well. (Graves’s brother Arthur Curry testified that Graves had been at home sleeping.)

But Carter changed his story again after both men were convicted.

As he prepared for his execution, Carter was keen to clear Anthony Graves before he left this mortal coil. Weeks earlier, he provided a sworn 85-page statement insisting that “Anthony Graves did not have any part in the murders and was not present before, during or after I committed the multiple murders at the Davis home.”

Even in his last statement on this date, Carter went out of his way to exonerate his supposed accomplice. “I’m sorry for all the pain I’ve caused your family,” Carter said from the gurney in his last moments, addressing the execution witnesses from his victims’ family. “It was me and me alone. Anthony Graves had nothing to do with it. I lied on him in court.”

Anthony Graves had been on death row for six years at this point. With Carter’s retraction it had become discomfitingly apparent that there was practically nothing to associate him with that horrific night in Somerville … butit would still be another decade more before he was officially exonerated and released.

After an appeals court ordered a new trial, a different prosecutor’s investigation of the case turned up just how scanty the case against him was.

“After months of investigation and talking to every witness who’s ever been involved in this case, and people who’ve never been talked to before, after looking under every rock we could find, we found not one piece of credible evidence that links Anthony Graves to the commission of this capital murder,” announced former Harris County prosecutor Kelly Siegler in a statement officially exonerating Graves. “This is not a case where the evidence went south with time or witnesses passed away or we just couldn’t make the case any more. He is an innocent man.” Siegler had been hired as a special prosecutor, and would have been the one to re-try Anthony Graves.

That happened in 2010, by which point Graves at age 45 had spent 18 years in prison, 12 of them on death row.

Today, Anthony Graves — you can find him on twitter at @AnthonyCGraves — is an activist and motivational speaker. He’s been outspoken especially on the torture inflicted by long-term solitary confinement, which he also endured during his years in prison.

Graves’s original prosecutor Charles Sebesta — against whom Graves has sought disciplinary action — maintains a site of his own with a page casting doubt on Anthony Graves’s innocence. (It’s also a minor monument to the “Blog” of “Unnecessary” Quotation Marks.)

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