Immigrants Are Welcome Here, Arizona Copycat Bills are Not!

By Lisa Adler, Field Organizer for Amnesty International USA

[UPDATE: Pick up the phone and call GA House Speaker David Ralston (404) 656-5020 and your GA Representatives now. When you reach the office, please be sure to make a statement along these lines:  “Vote ‘no’ on the Arizona Copycat HB 87 bill and all other anti-immigrant legislation. Any legislation that leads to racial profiling or pushes immigrant workers out of Georgia harms our state economically and morally.”]

As they promised, Georgia state Republicans have introduced Arizona SB 1070 copy cat bills, HB 87 in the House and SB 40 in the Senate.  On Monday, February 28th, HB 87 passed out of the House Judiciary Non-Civil Committee, which means a vote on the House Floor is imminent. We need your help in defeating this blatantly discriminatory bill.

If enacted, HB 87 would empower police officers to ask any individual to prove his/her lawful immigration status or citizenship during the course of a stop, including routine traffic stops, jaywalking or a variety of other commonplace actions.  This bill—and its Senate companion SB 40–has no safeguards against racial profiling.  Despite the claims by the bill’s author that race cannot be used, documentation of racial profiling related to immigration and criminal stops is widely available.

Furthermore, all Georgians—including citizens–will essentially be forced to carry their legal documents for fear of being arbitrarily stopped and detained.  For example, if these bills pass, and  I walk to the store, I must now carry my US passport? Because if I am stopped and do not carry any proof of my status, I may be detained.

While police officers may give some people the benefit of the doubt, a person of color with a Central American accent is not likely to receive the same benefit, even if s/he is a US citizen.  These portions of the bills raise serious due process, racial profiling and privacy concerns.

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Immigrants Are Welcome Here, Arizona Copycat Bills are Not!

By Lisa Adler, Field Organizer for Amnesty International USA

[UPDATE: Pick up the phone and call GA House Speaker David Ralston (404) 656-5020 and your GA Representatives now. When you reach the office, please be sure to make a statement along these lines:  “Vote ‘no’ on the Arizona Copycat HB 87 bill and all other anti-immigrant legislation. Any legislation that leads to racial profiling or pushes immigrant workers out of Georgia harms our state economically and morally.”]

As they promised, Georgia state Republicans have introduced Arizona SB 1070 copy cat bills, HB 87 in the House and SB 40 in the Senate.  On Monday, February 28th, HB 87 passed out of the House Judiciary Non-Civil Committee, which means a vote on the House Floor is imminent. We need your help in defeating this blatantly discriminatory bill.

If enacted, HB 87 would empower police officers to ask any individual to prove his/her lawful immigration status or citizenship during the course of a stop, including routine traffic stops, jaywalking or a variety of other commonplace actions.  This bill—and its Senate companion SB 40–has no safeguards against racial profiling.  Despite the claims by the bill’s author that race cannot be used, documentation of racial profiling related to immigration and criminal stops is widely available.

Furthermore, all Georgians—including citizens–will essentially be forced to carry their legal documents for fear of being arbitrarily stopped and detained.  For example, if these bills pass, and  I walk to the store, I must now carry my US passport? Because if I am stopped and do not carry any proof of my status, I may be detained.

While police officers may give some people the benefit of the doubt, a person of color with a Central American accent is not likely to receive the same benefit, even if s/he is a US citizen.  These portions of the bills raise serious due process, racial profiling and privacy concerns.

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Another Country, Another Assassination

It has been a week of tragic political violence in the United States, and as we collectively mourn our fellow citizens and brave public servants at home, it is sad but timely to recall that in another world the reaction to another assassination has been very different.

Salman Taseer, the Governor of Punjab was assassinated a week ago at the hands of his own bodyguard, in broad daylight, at Khosar market in Islamabad, a place popular with expats and elites.  He was shot more than 20 times at close range, for the crime of defending a woman who was convicted under Pakistan’s blasphemy laws.

Pakistani policemen secure the site of a fatal attack on Salman Taseer by his bodyguard in Islamabad on January 4, 2011. Salman Taseer, outspoken against the Taliban and other Islamist militants was assassinated on January 4, apparently for opposing blasphemy laws. AAMIR QURESHI/AFP/Getty Images

Taseer, a progressive thoughtful voice for reform, of the Pakistan People’s Party, had filed a petition in defense of a Christian woman, Asia Bibi, who has been condemned to death for blasphemy, in a case that has sparked international controversy.  Salman Taseer had also defended the rights of Pakistan’s Ahmadi community, who are ruled to be non Muslims, and spoke out against the misuse of the Constitution to persecute minorities.

It is a sad and disturbing comment on the current state of Pakistan that he died at the hands of those who were sent to protect him.  It was shocking that arguably one of the most prominent politicians in the most prominent of states – Punjab, could be shot dead.

But the reaction in the wake of his death has been equally chilling.  The Barelevi party, Jamaat Ahle Sunnat, issued a statement celebrating the killing and warning Pakistanis not to mourn Taseer’s death.  And while thousands attended his funeral, the fear of violence was strong enough to keep President Asif Ali Zadari, from paying tribute, and public sentiment was strong enough to keep others like Nawaz Sharif from attending.

By contrast the 26 year old killer, Malik Mumtaz Qadri, was showered with petals, and feted by many members of the Lawyers Movement who had challenged the government of President Musharaf in 2007, and many others offered to defend him free of charge.

Acts of madmen do not speak for average Pakistanis anymore than they speak for average Americans.  But as we honor the memory of Martin Luther King this weekend, and honor his legacy, we would do well to remember that human rights are still proclaimed at great sacrifice by people across the world in large acts and small in an unending tribute to reaffirm our common humanity.

Caterpillar Inc's Role in Human Rights Violations in the Occupied Palestinian Territories

A coalition of student groups from the Arizona university system invited me recently to talk to the Arizona Board of Regents (ABOR) about Caterpillar, Inc’s role in violations of international humanitarian and human rights law in the Occupied Palestinian Territories (OPT).  Although an unusual setting, I accepted for a number of reasons.

Although Amnesty International (AI) hasn’t focused on Caterpillar (CAT) in an action since our 2004 report, there has been a frightening surge in home demolitions and forced evictions in the occupied West Bank and East Jerusalem recently, as well as demolitions in ‘unrecognized’ villages like Al-‘Araqib inside Israel – which has a current AI Urgent Action in effect.  Over the past 3 weeks, the IDF has demolished dozens of structures in the OPT and the Israeli authorities continue to use CAT equipment regularly to carry out these demolitions, so AI continues to have longstanding and ongoing concerns.

Grandfather and grandchild watch home in Sur Baher east Jerusalem being demolished by CAT machinery March 2007. Keren Manor/ActiveStills.org

The day before I left for Arizona, the IDF demolished 10 residential structures and the village school in the West Bank village of Khirbet Tana.  Sixty-one (61) people including 13 children were left without shelter.

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Executions, Secrecy and the Public Right to Know

Sakineh Ashtiani is at risk of execution in Iran. Last month, her lawyer and her son were arrested, apparently for discussing her case with foreign nationals.  Her other lawyer, prominent human rights and death penalty defense lawyer Mohammad Mostafaei, was hounded into exile over the summer when he refused to be silenced.

Alan Shadrake is due to be sentenced next Tuesday 9 November © Alan Shadrake

In Singapore, Alan Shadrake is now a convicted criminal because he wrote a book about capital punishment in that country.  He could be sent to prison next week.

While these episodes may be extreme, the same efforts to suppress information about the death penalty are at work here in the USA where, for instance, a state law in Missouri makes it a crime – even for journalists – to reveal the identities of those who participate in executions.

It’s the same principle of secrecy that allows Arizona and California to continue to conceal the source of their execution drugs, or for the Texas Department of Criminal Justice to call for such information to be classified as a “state secret.”  The claim that such secrecy is necessary to protect executioners from harassment is incredibly weak.  Other government agencies and employees (for example, the guy at the DMV who makes you wait in line, or the city employee who gives you parking tickets) don’t benefit from such undemocratic anonymity.  The public has a fundamental right to know what a state agency is doing with their tax dollars, especially when that agency is engaged in the ultimate act of state power – the killing of a human being.

Most of us would agree (I hope) that lawyers should not be detained for publicizing their client’s case, and that no one should be punished for writing about a country’s death penalty (although that could happen under Missouri’s law).  When government is exercising its greatest power, that’s when we should demand the greatest transparency.  This is essential to ensuring accountability and preventing that power from being abused.

Instead, we are seeing, both globally and here in the USA, a disturbing trend towards imposing greater secrecy on the executions that are carried out in our name.

Arizona Ignores Trial Judge, Kills Prisoner

The death penalty in this case is not appropriate and never has been.”

That’s what former judge Cheryl Hendrix told Arizona’s Board of Executive Clemency in support of Jeffrey Landrigan’s effort to have his death sentence commuted.  What’s important about judge Hendrix is that she is the one who sentenced him to death.  New information that Landrigan’s lawyer failed to present at the trial convinced her that the death sentence she issued had been wrong.  

Unfortunately, the US Supreme Court, by a 5-4 vote, had already ruled that this new information would NOT have made a difference.  That turned out to be flat wrong, but an erroneous Supreme Court ruling that still trumps everything else. The Arizona Board split 2-2 vote, but that, and Governor Jan Brewer, was enough to keep the execution process rolling. 

Landrigan’s attorneys also attempted to shine a light on the secretive practices of Arizona’s execution team (which now apparently includes an un-named British pharmaceutical company).  Had they been successful, this would have been a great public service.  Why should a public agency with the power to kill people be allowed to operate in the dark?

But that effort was not successful, thanks to another 5-4 US Supreme Court vote.  The non-FDA approved drugs acquired from Great Britain appeared to work as the executioners wanted, and, late last night, Arizona carried out a death sentence that “is not appropriate and never has been.

Arizona: Execution Drugs Came From Great Britain

Arizona’s Attorney General Terry Goddard has reportedly confirmed that his state’s stash of non-FDA approved sodium thiopental came from Great Britain.  The state continues to try to kill Jeffrey Landrigan with this drug, and continues to try to keep details of their supplier a secret, using a law that shields the Arizona’s execution team from public scrutiny.  So an as yet unnamed British pharmaceutical company is now a member of Arizona’s execution team. 

As our allies in Europe are dragged into this sordid execution mess, Arizona soldiers on with its attempt to carry out this execution (in defiance of the Inter-American Commission on Human Rights).  The full 9th Circuit Court of Appeals and the US Supreme Court are likely to weigh in later today.

But whatever the outcome, two important points are worth mentioning.  First, many people are now ashamed to be associated with the death penalty, and that includes those charged with carrying it out.  Though ostensibly for the purpose of protecting execution team members from harassment by death penalty opponents (who rarely do anything more than deliver petitions and sternly worded letters), the real purpose of the Arizona law (and similar laws in others states, and an even more extreme effort in Texas), is to drive capital punishment into the shadows.  The death penalty is not as popular as it used to be, because people are realizing that it involves things like states acquiring non-approved pharmaceuticals in shady and secretive ways and then using those drugs to kill people.  Of course such efforts to hide these ugly realities only draw more attention to them.

It also bears mentioning that the judge who passed the death sentence on Jeffrey Landrigan now says she was wrong.  When the US Supreme Court rejected Landrigan’s bid for a hearing on his lawyer’s failure to present important mitigating evidence, Clarence Thomas, writing for the majority, asserted that the mitigating evidence would have made no difference.  The judge who was actually there has said the exact opposite – that the mitigating evidence would have made all the difference. 

Even our highest courts don’t always get things right, especially when they try to predict the future.  All supporters of fairness in our justice system, whether opposing capital punishment or not, should be disturbed by the slipshod way this case has been handled, and by the ongoing collateral damage our death penalty continues to do.

Texas: Execution Drugs Should Be "State Secret"

Tired of taking a back seat to Arizona  in death penalty zeal, Texas today upped the ante in the high stakes game of keeping secrets from the public in whose name they are enthusiastically killing prisoners.  According to the Austin American-Statesman, a lawyer for the Texas Department of Criminal Justice has asked Texas’ Attorney General to declare information on lethal injection drugs to be a “state secret.” 

A letter requesting this designation says in part:

“We submit that the release of any of the information would be akin to a local DPS office providing a requestor (a potential terrorist) with how much ammunition was stored in the office.”

That’s right, death penalty opponents are “akin” to terrorists.  And if they were to get information on the drugs Texas uses in executions, this could somehow lead to all sorts of unspecified mayhem.  Or something.

The TDCJ’s letter was in response to efforts by the Austin paper to get information on Texas’ current supply of sodium thiopental (there is a national shortage).  I don’t need to tell you how dire the consequences would be if the paper succeeded in its nefarious efforts to provide the public with information on the functioning of a state agency.  TDCJ’s explanation says it all:

“If the (American-Statesman) published how much sodium thiopental we currently have and when it expires, this would operate to inflame an already volatile situation. People could get seriously injured or killed.”

It is true that ten years ago, during the execution of Gary Graham, there were protesters carrying AK-47s outside the Huntsville death house. But of course, that’s perfectly legal in Texas – and there were death penalty supporting Ku Klux Klan members there too.  No one was seriously injured or killed then, and nothing remotely like that has happened in over a decade. 

And how an increased knowledge ot sodium thiopental quantities would have inflamed that, or any other situation, is not exactly clear.

As is the case with all such “state secret” requests, the demands go beyond what could even dubiously be justified on security grounds.  TDCJ is also asking that information on the cost of execution drugs be concealed from the public (aka taxpayers). 

Meanwhile, in Arizona, a Federal court has ordered the state to reveal its source for sodium thiopental, or to at least explain why its source should remain a secret.

Court Allows Arizona to Kill Prisoner with Secret Drugs

Secretly trafficking and then openly using unapproved drugs is now A-OK.  That’s the message sent out yesterday by the Arizona Supreme Court, which allowed state officials to conceal their source for sodium thiopental  (we know only that it’s NOT Hospira, the one FDA-approved supplier), and to continue with plans to execute Jeffrey Landrigan on October 26.

It is already well known that the death penalty compromises the integrity of the medical profession.  Doctors, nurses, and EMTs are all bound by an oath to “do no harm” but all are involved, in a variety of ways, in the deliberate killing of prisoners.  Now, it appears that our zeal for capital punishment is undermining the integrity of efforts to control and regulate powerful drugs.

Normally, if you acquired a controlled substance from a non-FDA approved source and announced your intention to use it for a non-FDA approved purpose, you would expect some sort of legal trouble.  But, apparently, as long as that non-FDA approved purpose is putting someone to death, the normal rules don’t apply.  Instead, you get to keep the source of your drug supply a secret, and you get to use those drugs however you want.

As for Jeffrey Landrigan, some DNA testing litigation in his case continues, and there is a clemency hearing on Friday.  Landrigan’s case is sadly typical, in that his trial lawyer failed miserably to present mitigating evidence, and in that no federal appeals court has cared enough to hold a hearing on that issue.  It is a bit unusual in that the judge who sentenced him to death now says she would not have done so, had she been aware of information that lawyer failed to present. 

So while it appears the Arizona officials can kill Jeffrey Landrigan with a drug it got from God knows where, there is still a chance to convince them that they shouldn’t.

Arizona's Don't Ask, Don't Tell Policy for Executions

Arizona today admitted that it acquired the execution drug sodium thiopental from a non-FDA approved source, but continues to seek to execute Jeffrey Landrigan on October 26. The state refuses to say how they scored their new stash of the drug, citing a state law guaranteeing secrecy for executioners.  The state also continues to claim that they got the drug lawfully, though this is difficult to reconcile with the admission that it was obtained from a source other than Hospira Inc., its only FDA-sanctioned provider.

There are plenty of other problems with Arizona’s plans to kill Jeffrey Landrigan, including that his trial attorney, who had never handled a death penalty case before, failed to introduce important mitigating evidence.  Since the trial, much of that evidence has come to light, so much in fact that the judge who sentenced him to death now says that she would have “no choice” but to find that the mitigating circumstances were “sufficient to call for leniency”.

But no appeals court has ever held a hearing to examine Mr. Landrigan’s claim of inadequate counsel, and an execution has been scheduled anyway. 

So, to sum up: Don’t Ask about the failures of Jeffrey Landrigan’s lawyer, and Don’t Tell anyone about the secret drug purchases of Arizona’s executioners.

At least for now.  Litigation continues, as does an appeal for clemency.