Death_Penalty_2005_nowy.qxd
2005-09-08
17:00
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THE UNITED STATES OF AMERICA
According to unofficial statistics, 118 foreign nationals were on death row as
of 28 May 2005.130
Fair-trial guarantees
Racial prejudices
In its concluding observations on the periodic report of the United States in
2001, the Committee for the Elimination of Racial Discrimination noted with
concern that, according to the special rapporteur of the United Nations
Commission on Human Rights on extrajudicial, summary, or arbitrary executions,
there is a disturbing correlation between race, both of the victim and the defendant,
and the imposition of the death penalty, particularly in Alabama, Florida, Georgia,
Louisiana, Mississippi, and Texas. The Committee urged the state party to ensure,
possibly by imposing a moratorium, that no death penalty be imposed as a result
of racial bias.131
Military commissions
The death penalty may be applied in accordance with the military order
establishing military commissions to prosecute individuals currently detained at
Guantanamo Bay.132 The military order has been widely criticized due to the
perceived failure of the trial procedures contained therein to comply with
international fair-trial standards. To date, President Bush has designated
15 Guantanamo detainees as eligible for trial by military commission. Of those 15,
four were formally charged in 2004 and referred for prosecution.133
On 15 July 2005, the US Court of Appeal for the District of Columbia overturned the 8 November 2004 ruling of a lower court that had resulted in the suspension of the US military commissions at Guantanamo Bay.
Innocence
As of the end of the reporting period, 119 prisoners had been released from
death row since 1973 after being found innocent of the crimes for which they had
previously been convicted.135 According to official statistics, seven death-row
inmates have been exonerated since 1 January 2004.
130
131
132
133
134
135
www.deathpenaltyinfo.org.
Concluding observations of the CERD on the United States, A/56/18, 14 August 2001, Paragraph 396.
Military Commission Order No. 1 “Procedures for trials by military commissions of certain
non-United States citizens in the war against terrorism”, 21 March 2002, Part 6(g).
“Briefing Paper on the U.S. Military Commissions”, Human Rights Watch, revised July 2005,
www.hrw.org.
Hamdan v. Rumsfeld, Civil Action No. 04-1519 (JR), United States District Court for the District of
Columbia. In accordance with the ruling, a Yemeni national Salim Ahmed Hamdan can be tried by
a military commission. Amnesty International Public Statement, AMR/51/113/2005, 21 July 2005.
Death Penalty News, Amnesty International, June 2005.
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