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Petra.
TEXAS. THE COURT OF APPEALS UPHOLDS THE DEATH SENTENCE
Sat Jun 9, 2018 10:57
2a0a:a544:4ca0:0:b004:f712:edbd:288f

Year 18 - n. 21 - 09-06-2018

In this issue:

1. Top story: USA - TEXAS. THE COURT OF APPEALS UPHOLDS THE DEATH SENTENCE OF BOBBY MOORE
2. Newsflash: SAUDI ARABIA. SLEEPER TERROR CELL BUSTED
3. Newsflash: TAIWAN. LI KUO-HUI SENTENCED TO DEATH
4. Newsflash: THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
5. Newsflash: EGYPT EXECUTES SIX, TWO OF WHOM WERE WOMEN
6. Suggested links:


USA - TEXAS. THE COURT OF APPEALS UPHOLDS THE DEATH SENTENCE OF BOBBY MOORE
DISREGARDING SUPREME COURT AND PROSECUTORS

08 June 2018. The Texas Court of Criminal Appeals has upheld the death sentence of Bobby Moore in a case over the definition of intellectual disability - despite pleas from both Moore and the prosecution to change his sentence to life in prison. More than a year ago (see March 28, 2017), the U.S. Supreme Court knocked down Texas' method of determining intellectual disability for death-sentenced inmates in Moore's case, ruling it used outdated medical standards and rules invented by elected judges without any authority. In a 4-3 ruling on Wednesday, the Texas Court of Criminal Appeals accepted the use of current medical standards to determine intellectual disability but said Moore still fails to qualify - making him eligible for execution. Moore was sentenced to death nearly 38 years ago, 3 months after he walked into a Houston supermarket with 2 other men and fatally shot James McCarble, the 73-year-old clerk behind the counter, according to court documents. The recent fight
over his mental deficiencies began after a lower Texas court ruled in 2014 that Moore was intellectually disabled and therefore ineligible for execution, basing its decision on current medical standards. The Court of Criminal Appeals overturned that ruling using its own test, which the Supreme Court later invalidated, sending the case back to Texas. The Texas test created by the court included questioning whether a neighbor or family member would consider the person disabled, the person's ability to lie and the planning involved in the murder. In a new evaluation using the current medical framework, the majority of the Court of Criminal Appeals ruled that Moore still did not show enough adaptive deficits to qualify as intellectually disabled, citing the fact that he learned to read and write in prison and buy items from commissary - the prison's store. The Supreme Court had warned against using strengths gained in a controlled environment like prison, but the Texas court sai
d some of Moore's deficits were due to the "lack of opportunity to learn," according to the opinion written by Presiding Judge Sharon Keller. The court's opinion also noted that before the Supreme Court ruled in 2002 that people with intellectual disabilities were exempt from execution, Moore had claimed in court that he did not have a disability and that his difficulties were due to an abusive childhood and his lack of learning opportunities. In a 67-page dissent, death-penalty critic Judge Elsa Alcala, joined by Judges Bert Richardson and Scott Walker, said the court's majority erred in its use of the current medical standards, and that Moore is intellectually disabled. Alcala said the court disregarded the standards by improperly weighing Moore's strengths against his deficits in his adaptive functioning and put too much weight on his progress in a controlled death row environment. She cited the decision by the lower Texas court that held a live hearing on the issue, Harr
is County District Attorney Kim Ogg's request for a change of sentence based on Moore's deficiencies, and many observations in the Supreme Court ruling that appeared to agree Moore was disabled. "I'm in good company in reaching this conclusion," Alcala wrote. "There is only 1 outlier in this group that concludes that applicant is ineligible for execution due to his intellectual disability, but unfortunately for applicant, at this juncture, it is the only one that matters." In court, it has been shown that Moore lacked understanding of days of the week at 13 and struggled to tell time or do basic math. He dropped out of school after failing every subject in 9th grade, according to the Supreme Court ruling. Though it hasn't changed his sentence, the Supreme Court ruling in Moore's case has had repercussions throughout Texas. At least two men on death row had their sentences changed to life in prison after the ruling, and on Tuesday, the Court of Criminal Appeals halted an exec
ution set for June 21 because of the Moore case. The judges sent the case of Clifton Williams back to a lower court to look into claims of intellectual disability given the Supreme Court ruling. Though Moore will remain on the row in solitary confinement, it seems unlikely he will get an execution date set while Ogg is in office. Execution dates are set by convicting county courts after appeals have been exhausted, usually prompted by the district attorney's office. And Ogg asked the Court of Criminal Appeals to change Moore's sentence to life in prison last November (see November 1, 2017), agreeing that he was intellectually disabled. Ogg's office said Wednesday morning it was preparing a statement, but did not immediately have a response to questions. (Source: Texas Tribune, Houston Chronicle, Hands off Cain, 06/06/2018)
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HANDS OFF CAIN - NEWS FLASH

SAUDI ARABIA. SLEEPER TERROR CELL BUSTED
07 June 2018. Sleeper terror cell busted in Saudi Arabia, four get death sentence. A Specialized Criminal Court in Saudi Arabia has issued preliminary sentences for the execution of four persons who formed a terrorist cell to communicate with Iran. The group is said to have received training at Revolutionary Guard camps in Iran on the use of weapons and explosives and fighting in the streets and how to hide from security agencies. The trainees travel to Iran were facilitated through a tourist office that recruited them. Terror cells were formed after they were trained to use weapons, explosives and conduct military warfare in order to disrupt the unity and stability of the Kingdom. They were also trained to manufacture explosives and carry out bombings in Saudi Arabia. The group also planned to assassinate some figures in the country. The court has decided to close down the tourism office and revoked its license. (Source: english.alarabiya.net, 07/06/2018)
For further information :

TAIWAN. LI KUO-HUI SENTENCED TO DEATH
07 June 2018. Court sentences arsonist to death for fire which killed nine. Li Kuo-hui, who set fire in his apartment building in New Taipei City last year with the deaths of nine people as a result received the death sentence. Li Kuo-hui, an ethnic Chinese man from Myanmar, claimed he heard the sound of neighbors making fun of him at his apartment in Zhonghe, New Taipei City. On November 22 last year, pouring a bottle of gasoline, he lighted the fuel on the staircase of his apartment building and fled, prosecutors said. Nine residents on the fourth and fifth floor lost their lives in the resulting blaze, with Li returning to the site to take a look and stealing clothes to change his appearance, reports said. The New Taipei District Court said Thursday he was guilty of extreme evil, taking out his revenge on innocent people in the most brutal way possible. Appeals against the sentence are possible, and while capital punishment is still on the books, no executions have taken p
lace since 2016. (Source: Taiwan News, 07/06/2018)
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THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
05 June 2018. The 62nd Ordinary Session of the African Commission on Human and Peoples' Rights (ACHPR), the African Union body responsible for the promotion and protection of human rights in Africa, was held from April 25th to May 9th, 2018 in Nouakchott, Mauritania. The death penalty was at the heart of the debates throughout this Session, during panel discussions, side-events or during the review of the State’s periodic reports. (Source: ACHPR)
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EGYPT EXECUTES SIX, TWO OF WHOM WERE WOMEN
04 June 2018. According to a local judicial source, the Egyptian authorities executed six people, five from the same family. Five of the six, were convicted of kidnapping and murdering a four-year old girl in 2013. The five relatives, which consisted of three males, Hamada Abdel Ghaffar Qandil, 46 years old, Hamada Abdel Ghaffar, 18 years and Ayman Abdel Moneim Shalaby, who was 23 years old, were executed along with two relatives, which whom were women. The women’s names are Al-Atef, aged 40, a housewife, and Asma Hamada Abdel Ghaffar, aged 19. The executions were carried out at Tanta Prison in Egypt’s Nile Delta shortly after President Abdel-Fattah al Sisi approved the death sentences.
Egypt’s Supreme Court upheld the death penalties in March of 2017. In Case No. 15590 of the year 2012, Ibrahim Rabie Al Azab, was also executed on February 26 at Tanta Prison, for being convicted of killing Mahalla six years ago. (Sources: EN.Haberler.com, 26.02.2018, AOHR)
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    • TEXAS. THE COURT OF APPEALS UPHOLDS THE DEATH SENTENCE — Petra., Sat Jun 9 10:57
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