in accordance with international rule of law standards.60 Prior to this, in April 2011, the United States Defense Department had announced that it was seeking the death penalty against Mr. al-Nashiri in his trial in connection with the bombing of the warship USS Cole in Yemen in 2000.61 Pardon or commutation For federal death row inmates, only the President of the United States has the power to grant clemency. Furthermore, no member of the military services can be executed unless the President confirms the death penalty. The clemency process varies from state to state, usually involving the governor, a board of advisors, or both. In all cases, a formal petition for clemency must be filed. During the reporting period, six death sentences were comuted on humanitarian grounds.62 On 9 March 2011, Governor Pat Quinn of Illinois also commuted the sentences of 15 persons on death row to sentences of life imprisonment without parole, after signing into law a bill abolishing the death penalty in the state.  On 27 October 2010, 16 years after he was sentenced to death in Texas, Anthony Graves was released from prison, following a decision by the Burleson County District Attorney to drop all charges in a re-trial. Graves’ initial murder conviction had been overturned by the 5th United States Circuit Court of Appeals. Graves thus became the 138th person to be released from death row in the United States since 1973 after being declared not guilty. 60  “Guantánamo: EP opposes death sentence to be imposed by US military court”, Press Release from the European Parliament, <http://www.europarl.europa.eu/en/pressroom/content/20110609IPR21066/html/Guant%C3%A1namoEP-opposes-death-sentence-to-be-imposed-by-US-military-court>. 61  “Pentagon Seeks Death Penalty Against USS Cole Bombing Suspect”, Foxnews, 20 April 2011, <http://www. foxnews.com/politics/2011/04/20/pentagon-seek-capital-charges-uss-cole-bombing-suspect/>. 62  Entry on clemency, Death Penalty Information Website, 4 September 2011, <http://www.deathpenaltyinfo.org/ clemency>. 15

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