2009: Ehsan Fatahian, Iranian Kurdish activist

Iranian Kurdish activist Ehsan Fatahian was hanged on this date in 2009 in Sanandaj, the provincial capital of Iranian Kurdistan.

He was condemned for alleged “armed struggle against the regime” as part of the proscribed Komala party. He initially received “only” a 10-year prison term, but an appeals court elevated the sentence — and that sentence was ominously rushed to completion.

Other political prisoners staged a hunger strike in protest of his hanging, and thousands of people signed online petitions circulated by human rights organizations begging Tehran to abate the sentence.

Fatahian’s moving last statement to the world, written a few days before his hanging:

Last ray of sun at sunset
is the path that I want to write on
The sound of leaves under my feet
say to me: Let yourself fall
and only then you find the path to freedom.

I have never been afraid of death, even now that I feel it closest to me. I can sense it and I’m familiar with it, for it is an old acquaintance of this land and this people. I’m not writing about death but about justifications for death, now that they have translated it to restoring justice and freedom, can one be afraid of future and destiny? “We” who have been sentenced to death by “them,” were working to find a small opening to a better world, free of injustice, are “they” also aware of what they are working towards?

I started life in city of Kermanshah, the city that my country people consider grand, the birthplace of civilization in our country. I soon noticed discrimination and oppression and I felt it in the depth of my existence, this cruelty, and the “why” of this cruelty and trying to resolve it made me come up with thousands of thoughts. But alas, they had blocked all the roads to justice and made the atmosphere so repressive that I didn’t find any way to change things inside, and I migrated to another resort: “I became a pishmarg [armed Kurdish fighter or literally “one who faces death”] of Koomaleh,” the temptation to find myself and the identity that I was deprived of made me go in that direction. Although leaving my birthplace was difficult but it never made me cut ties with my childhood hometown. Every now and then I would go back to my first home to revisit my old memories, and one of these times “they” made my visit sour, arrested and imprisoned me. From that first moment and from the hospitality (!!) of my jailers I realized that the tragic destiny of my numerous [comrades] also awaits me: torture, file building, closed and seriously influenced court, an unjust and politically charged verdict, and finally death.

Let me say it more casually: after getting arrested in town of Kamyaran on 29/4/87 [July 19, 2008] and after a few hours of being a “guest” at the information office of that town, while handcuffs and a blindfold took away my right to see and move, a person who introduced himself as a deputy of the prosecutor started asking a series of unrelated questions that were full of false accusations (I should point out that any judicial questioning outside of courtroom is prohibited in the law). This was the first of my numerous interrogation sessions. The same night I was moved to the information office of Kurdestan province in city of Sanandaj, and I experienced the real party there: a dirty cell with an unpleasant toilet with blankets that had probably not seen water in decades! From that moment my nights and days passed in the interrogation offices and lower hallway under extreme torture and beatings and this lasted three months. In these three months my interrogators, probably in pursuit of a promotion or some small raise, came up with strange and false accusations against me, which they better than anyone knew how far from reality they were. They tried very hard to prove that I was involved with an armed attempt to overthrow the regime. The only charges they could pursue was being a part of “Koomaleh” and advertising against the regime. The first “shobe” [branch] of Islamic republic court in Sanandaj found me guilty of these charges and gave me 10 years sentence in exile in Ramhormoz prison. The government’s political and bureaucratic structure always suffers from being centralized, but in this case they tried to de-centralize the judiciary and gave the powers to re-investigate (appeal?) the crimes of political prisoners, even as high as death penalties, to the appeal courts in Kurdestan province. In this case [Kamyaran’s city attorney] appealed the verdict by the first court and the Kurdestan appeals court changed my verdict from 10 years in prison to death sentence, against the Islamic republic laws. According to section 258 of “Dadrasi Keyfari” law [criminal justice law], an appeals court can increase the initial verdict only in the case that the initial verdict was less than minimum punishment for the crime. In my case, the crime was “Moharebeh” (animosity with God), which has the minimum punishment of one year sentence, and my verdict was a 10 year sentence in exile, clearly above the minimum. Compare my sentence to the minimum sentence for this crime to understand the unlawful and political nature of my death sentence. Although I also have to mention that shortly before changing the verdict they transferred me from the main prison in Sanandaj to the interrogation office of the Information Department and requested that I do a video interview confessing to crimes I have not committed, and say things that I do not believe in. In spite of a lot of pressure I did not agree to do the video confession and they told me bluntly that they will change my verdict to death sentence, which they shortly did, and demonstrated how the courts follow forces outside of judiciary department. So should they be blamed??

A judge has been sworn to stay fair in every situation, at all times and towards every person and look at the world from the legal perspective. Which judge in this doomed land can claim to has not broken this [oath]and has stayed fair and just? In my opinion the number of such judges is less than fingers on one hand. When the whole judicial system of Iran with the suggestion of an interrogator (with no knowledge of legal matters), arrests, tries, imprisons and executes people, can we really blame the few judges of a province which is always repressed and discriminated against? Yes, this house is ruined from its foundations.

This is in spite of the fact that in my last visit with my prosecutor he admitted that the death sentence is unlawful, but for the second time they gave me the notice for carrying out the execution. Needless to say that this insistence on carrying a death sentence under any circumstance is the result of pressure from security and political forces from outside of the judiciary department. [The people who belong to these circles] look at life and death of political prisoners only from the point of view of their paychecks and political needs, nothing else matters to them other than their own goals, even if it is about the most fundamental right of other human beings, their right to live. Forget international laws, they completely disregard even their own laws and procedures.

But my last words: If in the minds of these rulers and oppressors my death will get rid of the “problem” called Kurdestan [the province], I should say, what an illusion. Neither my death nor the death of thousands like me will be remedy to this incurable pain and perhaps would even fuel this fire. Without a doubt, every death points to a new life.

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2019: Hervin Khalaf, Rojava politician

One year ago today, Rojava political figure Hervin Khalaf was killed by summary execution.

A Syrian Kurd whose family counts several martyrs to that people’s long struggle for self-determination, Khalaf (English Wikipedia entry | French was a civil engineer in Al-Malikiyah at the tip of Syria’s furthest-northeast salient wedged between Turkey and Iraq. It’s a heavily multiethnic part of the country; the Assyrian singer Faia Younan hails from the same town.

Amid the ongoing civil war that has fractured the map of Syria, Al-Malikiyah has since 2012 been part of Rojava, a de facto (albeit legally unrecognized) independent heavily-Kurdish polity that has unfolded an appealing secular social revolution featuring women’s rights and democratic devolution. Khalaf personified that vision, fired by the future she was making with her own hands; in an obituary, a friend recalled her rising at 5 in the morning and working until midnight, everything from diplomatic wrangling to teaching mathematics to children. She became the secretary-general of the liberal Future Syria Party.

Rojava has been menaced on all sides throughout its brief existence: initially by the Syrian army, which eventually withdrew amicably to allow both parties to focus on other threats; by the Islamic State; and — of moment to this post — by neighboring Turkey.

Turkey’s long-running conflict with its own Kurdish populace just across the border was of course a concern for Rojava and the Kurdish militias that supported it. When the United States withdrew its forces from northeast Syria in 2019, it laid Rojava open to Turkish invasion — which occurred on October 9, 2019. Days into that attack, an allied local militia of Sunni extremists stopped Khalaf’s armored SUV at a roadside checkpoint and summarily executed both she and her driver, Farhad Ahmed. The murder drew worldwide outrage.

While Rojava’s prospects seemed grim indeed in these days, Russia — stepping into the void as the Kurds’ great power patron — brokered a deal with Turkey that has prevented the region being overrun entirely.

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2020: Navid Afkari

Iran today hanged wrestling champion Navid Afkari.

Afkari was among thousands of Iranians to join 2018 nationwide protests against the government. These protests lasted most of the year, and spread through most of Iran’s major cities, and eventually drew a draconian response.

Clashes in Shiraz resulted in the killing of a water and sewage department security guard named Hasan Torkman, and it was this that was laid at Navid Afkari’s feet as homicide.

Afkari’s case drew international condemnation, especially from world athletes who agreed with his claims that he was targeted for his grappling fame in order to send a message, and that his confession to the murder was tortured out of him. As a further twist of the knife, Afkari’s brothers Vahid and Habib were also convicted in the same affair and received lengthy prison terms. Video that campaigners circulated of Navid’s mother is positively devastating … as is the heartbreaking audio of Navid’s last message shortly before his execution.

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2014: Steven Sotloff, two lives

On or just before this date in 2014, American journalist Steven Sotloff was beheaded by his Islamic State (ISIS/ISIL/Da’esh) captors.

A “standup philosopher from Miami” as he self-described, Sotloff was four months past his 18th birthday when the planes struck the towers. The grave that the American empire dug for itself thereafter had an annex sized for Steven Sotloff, too.

After post-graduate studies in Israel Sotloff reported from around the Middle East, notably filing some early stories from the 2012 attack on U.S. agents in Benghazi in a Libya consumed by chaos after NATO deposed Muammar Gaddafi.

On August 4, 2013, Sotloff was kidnapped entering Syria from Turkey. Actually, contrary to this post’s lead paragraph, ISIS wasn’t his captor — just the entity that received him from the Northern Storm Brigade, a US- and Turkish-backed rebel militia that bankrolled itself through smuggling and kidnapping.

“The so-called moderate rebels that people want our [the Obama] administration to support, one of them sold him for something between $25,000 and $50,000, and that was the reason he was captured,” a Sotloff family friend announced — voicing the taboo open secret of the violent Sunni extremists at the heart of the anti-Assad Syrian rebellion.

The journalist now became a chit in the nightmare economy of hostages and spectacle murder. When fellow American kidnap victim James Foley was beheaded in August 2014 in retaliation for American attacks on Da’esh in Iraq, the video of his execution warned that Sotloff would be next. As attacks on ISIS’s Iraqi positions did not abate, he was.

Days after Sotloff’s slaying was released to the world’s digital snuff film archives, the U.S. for the first time escalated its interventions in Syria to overt air strikes on ISIS’s in that country.

As Mark Ames summed up the dog’s breakfast, “here you have this CIA-backed and -trained militia group that kidnaps civilians, photographs with John McCain, allies with ISIS, kidnaps an American, sells him to ISIS, he winds up getting killed, and that winds up triggering American intervention into Syria.”

There’s a Steven Joel Sotloff Memorial 2LIVES Foundation that works in his memory, its name drawn from an elegant line in a letter Sotloff managed to have smuggled out of captivity: “Everyone has two lives; the 2nd one begins when you realize you have only one.”

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2020: Lezmond Mitchell

Although overshadowed by wildfires, hurricanes, political drama, economic collapse, civil unrest, and a goddamned pandemic, a noteworthy federal execution took place on August 26, 2020.

Lezmond Mitchell, the only Native American on federal death row, was killed by lethal injection at Terre Haute, Indiana for murdering 63-year-old Alyce Slim and her nine-year-old granddaughter Tiffany Lee. The offender and both victims were members of the Navajo Nation, and the crimes occurred on the Navajo Reservation in the northeast corner of Arizona.

Mitchell and a companion named Johnny Osringer — underaged, and therefore serving a life sentence instead — were picked up hitchhiking by the victims in 2001. They stabbed Alyce Slim to death when she stopped to let them out, then to murder the terrified little girl in greater privacy, drove her 30 miles into the mountains sitting next to her grandmother’s bloody corpse.

The horrific crime carried with it a problematic jurisdictional question that’s legacy of the continent’s Anglo conquest.

Within their treaty lands, indigenous nations still assert internal sovereignty when it comes to handling criminal offenses — sovereignty that Congress has legislated against by placing some big-ticket crimes like murder and rape under federal jurisdiction.

Neither this arrogation of authority in general nor its application to Mitchell in particular have been embraced by the Navajo Nation, which has advocated against the execution for many years and on the day it occurred issued a statement denouncing it.

The Navajo Nation’s position, from the beginning, was to advocate for the sovereign status of the Nation. Our decision not to accept the death penalty in federal cases remains a Navajo decision, but in this instance the federal government ignored the Navajo Nation. This is an affront to our Nation because we should be the ones to decide these matters. The federal government charged a crime that was added in 1994 to the Federal Death Penalty Act and blindsided the Navajo Nation by using this to sidestep the Navajo Nation’s position.

We have a court system that is fair and just for all persons. We have laws that protect our People. We have brave men and women on our police force to watch over us. Crimes committed on the Navajo Nation are for us to decide. Our judicial and public safety system considers restorative justice in court cases as based on our custom and traditions of hozho’ and k’e. Federal officials may not understand our family connections and our strength in keeping harmony. So, we invite them to meet with us and find an answer to address this important death penalty matter.

The Navajo Nation asked for clemency in Mr. Mitchell’s case in changing his sentence to life in prison without possibility of release. This is the same request supported by U.S. Senators, U.S. House Representatives, Tribal Nations, and tribal organizations. But our collective voice was ignored. We don’t expect federal officials to understand our strongly held traditions of clan relationship, keeping harmony in our communities, and holding life sacred. What we do expect, no, what we demand, is respect for our People, for our Tribal Nation, and we will not be pushed aside any longer.

We thank the many Tribal Nations who supported the Navajo Nation’s stand on sovereignty, and we appreciate the Tribal organization’s letters advocating for tribal sovereignty. We now call on all Tribal Nations and Tribal organizations to begin a dialogue on a respect for tribal sovereignty, respect for all Tribal Nation, and respect for Native Americans. We are moving forward in this fight and we ask all to join us.

Mitchell’s was the fourth federal execution conducted in little more than a month as part of a calculated campaign by Trump administration attorney general William Barr. Prior to the current paroxysm, the United States federal government (as distinct from its 50 states’ separate jurisdictions) had conducted only three executions — all in the early 2000s, most notably Oklahoma City bomber Timothy McVeigh — in the past 57 years.

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2015: Khaled al-Asaad, Palmyra archaeologist

Syrian archaeologist Khaled al-Asaad was beheaded by the Islamic State on this date in 2015 for refusing them the ancient artifacts of his native Palmyra.

Eighty-two years old — Palmyra was still a French colony at the time of this birth — Al-Asaad was involved in excavations around that city throughout his adult life. He became the custodian of the archaeological site in 1963 and held the post for 40 years.

When the Salafist militant army rolled up on his oasis city that spring.* he helped to evacuate the town’s museum and Daesh put him to torture to extract the whereabouts of the priceless cultural treasures he’d concealed from them. He made himself a hero to Syrians and antiquarians alike by denying his captors any satisfaction save his death — which was accomplished by a public beheading.

At least one other scholar, Qassem Abdullah Yehya, the Deputy Director of DGAM Laboratories, was also killed by ISIS/ISIL for protecting the dig site.

after Khaled al-Asaad

bonepole bonepole since you died
there’s been dying everywhere
do you see it slivered where you are
between a crown and a tongue     the question still
more god or less     I am all tangled
in the smoke you left     the swampy herbs
the paper crows     horror leans in and brings
its own light     this life so often inadequately
lit     your skin peels away     your bones soften
your rich unbecoming     a kind of apology

when you were alive your cheekbones
dropped shadows across your jaw     I saw a picture
I want to dive into that darkness     smell
the rosewater     the sand     irreplaceable
jewel how much of the map did you leave
unfinished     there were so many spiders
your mouth a moonless system
of caves filling with dust
the dust thickened to tar
your mouth opened and tar spilled out

“Palmyra”, by Kaveh Akbar

* The modern city of Palmyra (also called Tadmur) is adjacent to but not synonymous with the ancient city/archaeological site of Palmyra.

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2020: Daniel Lewis Lee

This morning in Terre Haute, Indiana, like the French guillotine making its way to the western front, America’s twilight men saluted Bastille Day by animating their empire’s creaking machinery on an absurd project to kill one guy to nobody’s edification in the midst of a rolling bloodbath.

Back in 1996, Daniel Lewis Lee traveled from Washington state to Arkansas with fellow white supremacist Chevie Kehoe where they slaughtered a family of three in the course of a robbery aimed at financing a racist enclave in the Pacific Northwest. Gun dealer William Mueller, his wife Nancy, and their eight-year-old daughter Sarah Powell were bound hand and foot and suffocated with plastic bags taped over their heads, before being dumped in a bayou. Kehoe and Lee netted $50,000 in cash and weapons.*

Yet family members of those victims were the most vocal critics of executing Lee.

For one thing, everyone involved in the case, including the prosecuting attorney and trial judge, agrees that Kehoe was the instigator of the crime. But perversely, it was Kehoe who received the lighter sentence. Sometimes this occurs when a wily ringleader turns state’s-evidence against his confederates; in the case at hand, it might have been nothing but the comparative visual affect presented to jurors by the baby-faced Kehoe as compared to the menacing Lee, one-eyed (courtesy of a bar fight) and swastika-tattooed. The two were tried and convicted together in a death case; when the jury returned a life sentence for Kehoe, the U.S. Attorney on the case attempted to withdraw the death notice still pending against Lee, only to be overruled by higher-ups at the Department of Justice.

Earlene Peterson, Nancy Mueller’s mother and Sarah Powell’s grandmother, “believes the jury’s prejudices led to Kehoe and Lee receiving different sentences,” according to a Reason magazine profile.

“Chevie Kehoe was dressed very nicely, like a young businessman, and Daniel Lee was not,” Peterson said, noting that Lee was missing an eye and had a swastika tattooed on his neck. “He looked like an outlaw,” and “was instantly judged the minute he walked into the courtroom,” she says.

And Peterson, joined by several other family members, didn’t want anyone whether businessman or outlaw executed in her name.

Peterson, her granddaughter Monica Veillette, and Kimma Gurel (Nancy Mueller’s sister) sued in federal courts arguing that conducting the execution in the midst of the dangerous COVID-19 outbreak frustrated their right and expressed desire to witness Lee’s execution. But what they would have preferred most of all would have been no execution at all, regardless of COVID; they petitioned President Trump to this same effect.** “For us it is a matter of being there and saying, ‘This is not being done in our name; we do not want this,'” Veillette told the press.

As everyone knows, victims/survivors with an attitude of clemency get no special consideration in the breach from the closure-for-victims crowd. Thus while Attorney General William Barr scheduled Lee’s execution — along with four others — last year to the familiar strains of “We owe it to the victims and their families to carry forward the sentence imposed by our justice system,” his agency defeated these victims’ family members by arguing that their allowance to witness the execution was in fact not any sort of “right” that anyone was “owed.” The first federal execution in 17 years was delayed half a day from its Monday-afternoon schedule by a last-minute judicial injunction that was predictably reversed by the Supreme Court: that issue concerned the lethal injection drug selection.

Peterson, Veillette, and Gurel did not in the end attend the execution, for fear of the coronavirus. Besides being afoot broadly, it was known to have broken out in the Terre Haute federal prison. In fact, one of the execution planners tested positive for COVID-19 just days before the execution and the small viewing chamber reserved for official witnesses makes no allowance for social distancing. (Prison officials and the “Appalachian pagan minister” present to conduct the execution itself also wore no masks, nor did the executed criminal himself.) Considering the short shrift federal authorities have given to protective measures surrounding people who didn’t commit triple homicide, it’s no surprise that the pandemic was also no obstacle, with Barr making the Orwellian assurance — which doubles as a distillation of his philosophy of governance — that his team could “carry out these executions without being at risk.”

* Lee later also pipe-bombed the Spokane, Washington, city hall.

** Lee’s was the first execution to proceed on Donald Trump’s say-so.

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2014: Mahmoud Al Issawi, murderer of Laila Ghofran’s daughter


Hiba Al Akkad (standing) embracing her famous mother.

Mahmoud Al Issawi was hanged at Wadi el-Natrun prison outside Cairo on this date in 2014.

In 2008, he stabbed to death Hiba Al Akkad, the 23-year-old daughter of Moroccan star singer Laila Ghofran, along with Heba’s friend Nadine Gamal, in the course of a botched burglary in Cairo’s affluent Sheikh Zayed suburb.

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1996: Huugjilt, wrongful execution

On this date in 1996, a Chinese Mongol with the singular name of Huugjilt was executed by gunshot for rape and murder at Hohhot. With benefit of hindsight, it’s come to be viewed as “one of the most notorious cases of judicial injustice in China.”

Huugjilt discovered the body of a woman named Yang in a public toilet at a factory, on April 9, 1996 — just 62 days before the execution. She’d been raped and strangled, and that official tunnel vision common to wrongful conviction scenarios immediately zeroed in on Huugjilt himself. With conviction quotas to fulfill, authorities abused Huugjilt into a confession and an overhasty conclusion.

“It has not been rare for higher authorities to exert pressure on local public security departments and judiciary to crack serious murder cases,” China Daily editorialized. “Nor has it been rare for the police to extort confessions through torture. And suspects have been sentenced without solid evidence except for extorted confessions.”

This conviction unraveled in 2005 when a serial sex predator named Zhao Zhihong admitted the murder. (He was charged with many similar crimes besides.) The belated investigations ensuing from the resulting uproar cleared Huugjilt, even to the extent of holding a formal posthumous retrial that overturned the original verdict.

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2020: Walter Barton, coronavirus milestone

Missouri graced America with her first coronavirus pandemic execution tonight.

Aptly emblematic of a moment where crumbling institutions reveal the post-Cold War empire’s far-advanced rot, Walter “Arkie”* Barton’s death on the gurney culminated three decades of shambolic re-prosecutions, reliant in the end for their victory on nothing but the unequal strength of the prosecutor’s office and the willingness of courts to certify junk science as real evidence.

The victim of the murder was the 81-year-old manager of Riverview Trailer Park, where Barton lived. He was friends with that woman, Gladys Kuehler, and visited her the afternoon of her murder; later, he together with Kuehler’s granddaughter and a neighbor discovered the woman’s body. She’d been sexually assaulted and horribly knifed, slashed and stabbed more than 50 times.

The key bits of evidence convincing jurors — several of whom submitted affidavits during Barton’s clemency stage regretting their findings — that Barton had been the author of this savage attack were essentially two:

  1. Blood-spatter expert testimony that a drop of blood on Barton’s shirt that was a DNA match for Gladys Kuehler had arrived there via a “high-impact” splat at velocity –i.e., flying fast off the murder weapon. This stuff is humbug of the same genus as the burn pattern pseudoscience that wrongly executed Cameron Willingham, and more importantly it’s conspicuously silent on why Barton, who didn’t change or wash his clothes, wasn’t ribboned with high-impact bloodstains from his slasher-film murder. His own hypothesis that he picked up a spot of blood at the time he helped discover the body is at least as compelling an explanation.
  2. The ubiquitous jailhouse snitch, behind bars for a list of frauds as long as your arm, to whom Walter Barton, that fool, just spontaneously confessed even while otherwise maintaining his innocence to everyone else who would listen. The use and abuse of these finks, whose comforts are directly controlled by one party in the adversarial hearing, is a factor in a great many wrongful convictions.

Aggressively prosecuted by an attorney general — Jay Nixon, subsequently Missouri’s governor — more politically ambitious than forensically rigorous over the span of no fewer than five trials, then upheld by a split 4-3 vote in the state’s highest court, this met the emptiest formal standards of technical sufficiency to take the life of Arkie Barton, a sort of hollow malevolent pantomime of a functioning liberal democracy’s justice system.

Barton’s was just the sixth U.S. execution of 2020, and the first since COVID-19 torpedoed everything in mid-March. The last previous U.S. execution was that of Nathaniel Woods in Alabama, on March 5. Various states have delayed scheduled execution dates during the 11 intervening weeks, but those and others loom on the dockets as states push to reopen once it’s semi-safe to operate the machinery of death.

* Because he hailed originally from Arkansas.

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