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AMNESTY, FORSE AL BANDO QUELLA CONTRO MINORI CORTE SUPREMA POTREBBE PRESTO DICHIARARLA INCOSTITUZIONALE
ROMA, - La Corte Suprema degli Stati Uniti potrebbe presto dichiarare incostituzionale la pena di morte contro i minorenni. Lo afferma oggi un rapporto dell'organizzazione Amnesty International.
La Corte suprema di Washington si riunira' il 13 ottobre per pronunciarsi sulla costituzionalita' della condanna a morte di persone che all'epoca in cui commisero il reato avevano 16 o 17 anni. In attesa, gli Usa hanno sospeso le esecuzioni di minorenni - gia' messe al bando formalmente dalla maggioranza dei paesi del mondo - da circa un anno e mezzo. L'ultimo caso e' stato quello di Scott Allen Hain, ucciso in Oklahoma il 3 aprile 2003 per un reato commesso quando aveva 17 anni.
Gli Stati Uniti erano finora l'unico paese al mondo ad ammettere apertamente questo tipo di esecuzioni e a rivendicare
il diritto di applicarle. La sentenza e' prevista per i primi mesi del 2005.
''Queste esecuzioni violano il diritto internazionale. Il consenso universale contro l'uso della pena di morte nei confronti dei minorenni all'epoca del reato riflette la generale consapevolezza delle possibilita' di crescita e di cambiamento degli adolescenti'', ha dichiarato Karen Hooper, responsabile del coordinamento PENA DI MORTE della sezione italiana di Amnesty International. ''La vita di un adolescente non dovrebbe mai essere cancellata, a prescindere da quello che abbia fatto - continua Hooper - Il principio guida dovrebbe essere quello di valorizzare al massimo la possibilita' degli adolescenti di reinserirsi con successo nella societa'. La PENA DI MORTE e' la negazione estrema di questo principio''.
Dal 2003 a oggi Amnesty International ha registrato sei esecuzioni di minorenni all'epoca del reato, in Cina, Iran e Stati Uniti. Altri ragazzi si trovano nel braccio della morte nelle Filippine, in Pakistan e in Sudan.
Il caso piu' recente in Iran, dove Ateqeh Rajabi, 16 anni, e' stata impiccata il 15 agosto 2004 nella provincia settentrionale di Mazandaran. Il reato commesso dalla ragazza era ''atti incompatibili con la castita' ''. Era stata condannata a morte tre mesi prima, dopo un processo in cui non era stata rappresentata da nessun avvocato. La carta d'identita mostrava chiaramente l'eta' di Ateqeh, ma le autorita' giudiziarie iraniane hanno dichiarato che la condannata aveva 22 anni.
GLOBAL:
World:
Child executions on the way out
The US Supreme Court will hear oral arguments on 13 October. Its decision on the constitutionality of the death penalty against 16 and 17-year-old offenders is expected in the first half of 2005.
"Such executions violate international law. The international consensus against putting people to death for crimes committed when they were children reflects the widespread recognition of the capacity of young people for growth and change," said Amnesty International.
Since 2003, six people were executed in China, Iran and the USA, for crimes committed when they were children. Other convicted child offenders remain under sentence of death in Pakistan, the Philippines and Sudan.
"The life of a child should never be written off, whatever he or she has done. The guiding principle must be to maximize the child offender’s potential for eventual successful reintegration into society. Execution is the ultimate denial of this principle." said Amnesty International.
Scott Allen Hain was executed in the USA on 3 April 2003 for a crime committed when he was only 17. Since then several executions of child offenders have been stayed pending the outcome of the Supreme Court deliberations.
The USA is the only country which openly acknowledges executing child offenders and claims for itself the right to do so under international law.
In China, although by law no one should be executed for a crime committed when they were under 18, children have continued to be executed because the courts apparently do not take sufficient care to determine their age.
Gao Pan, was executed on 8 March 2004 for a crime committed on 9 August 2001, possibly before he was 18 years old. Conflicting information on official documents and the use of different calendar systems had lead to confusion over his true age.
In an attempt to prove that Gao was 18 years old at the time of the crime, the state prosecutor provided a household registration document signed by Gao’s grandfather, which on further examination was reportedly proven false.
Hebei Province High People's Court rejected 32 items of evidence provided by Gao's lawyer supporting the claim that he was not yet 18 years old at the time of the crime. The court also rejected a request made by Gao's family to carry out a medical check which might have helped to clarify his age.
In Iran 16-year-old Ateqeh Rajabi, was publicly hanged on 15 August 2004 on a street in the city centre of Neka, northern Iranian province of Mazandaran for "acts incompatible with chastity".
Ateqeh Rajabi was sentenced to death 3 months earlier. During her trial she was not allowed legal representation and the judge severely criticized her dress, harshly reprimanding her. It is alleged that Ateqeh Rajabi was mentally ill both at the time of her crime and during her trial proceedings.
Although Ateqeh Rajabi’s national identity card stated that she was 16 years old, the Mazandaran Judiciary announced at her execution that her age was 22.
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Death
Penalty: New report shows USA and Iran top child offender execution table
Amnesty International today (15 September) called on the USA and Iran to stop executing child offenders as it released a new report showing that the 2 countries topped a table of child offender executions around the world in the last 15 years.
Since 1990 the USA has executed 19 child offenders (those convicted of offences committed when they were aged below 18), and Iran 10 - including three this year, most recently a 16-year-old girl hanged for the 'crime' of sex outside of marriage.
In the same 15-year period a total of nine child offender executions are known to have occurred in 6 further countries - China, the Democratic Republic of Congo, Nigeria, Pakistan, Saudi Arabia and Yemen - though none of these countries now sees such executions as lawful or necessary. Other convicted child offenders remain under sentence of death in Pakistan, the Philippines and Sudan.
Amnesty International's report comes ahead of the US Supreme Court's reconsideration of the constitutionality of executing child offenders. The US court is due to hear oral arguments on 13 October. Amnesty International has already submitted an 'amicus' briefing to the court arguing that these executions violate international law. Iran is also reportedly considering making such executions unlawful.
Amnesty International UK Director Kate Allen said:
"It is shocking that the USA and Iran are flouting the international ban on executing child offenders.
"Shamefully the USA and Iran have between them judicially killed more than three-quarters of all child offenders put to death in the world in the past decade and a half.
"The USA and Iran now urgently need to amend their laws to respect the fact that child offenders - while deserving punishment - should not be executed.
"We oppose all use of the death penalty while finding the judicial killing of child offenders particularly abhorrent."
The report's summary of global developments includes the following information:
Iran
Last month in Iran a 16-year-old girl - Ateqeh Rajabi - was publicly hanged in a city centre street in Neka, in the northern province of Mazandaran. Her 'crime' was to have had sexual relations outside of marriage, described by the court as "acts incompatible with chastity."
During her trial 3 months earlier Ateqeh was not allowed legal representation and the judge severely criticised her dress. It is also alleged that Ateqeh was mentally ill both at the time of her 'offence' and during the trial proceedings.
Although Ateqeh's national identity card stated that she was aged 16, the Mazandaran Judiciary announced at her execution that she was 22. According to press reports, the lower court judge who issued the original sentence also put the noose around Ateqeh's head on the gallows.
Ateqeh's co-defendant, an unnamed man, was reportedly sentenced to 100 lashes. He was released after the sentence was carried out.
USA
Scott Allen Hain was executed in the USA in April 2003 for a crime committed when he was 17. Since then several executions of child offenders have been stayed pending the outcome of Supreme Court deliberations.
There is a trend at US state level toward raising the minimum age to 18 - most recently in South Dakota and Wyoming earlier this year. Meanwhile no US state has lowered the minimum age since executions resumed in the country in 1977. 22 child offenders have been executed in 7 US states since 1977. Over 70 child offenders are currently under sentence of death in the country.
China
Although by law in China no one should be executed for a crime committed when aged under 18, child offenders continue to be executed because courts apparently take insufficient care to determine ages.
In March this year Gao Pan was executed for a crime committed in 2001, possibly before he was 18 years old. Conflicting information on official documents and the use of different calendar systems had lead to confusion over his true age.
In an attempt to prove that Gao was 18 at the time of the crime, the state prosecutor provided a household registration document signed by Gao's grandfather that on further examination was reportedly proven false. Hebei Province High People's Court meanwhile rejected 32 items of evidence provided by Gao's lawyer supporting the claim that he was not 18 at the time of the crime. The court also rejected a request made by Gao's family to carry out a medical check that might have helped to clarify his age.
(source for both: Amnesty International)