The Death Penalty in the OSCE Area International Safeguards At the 2011 Human Dimension Implementation Meeting, representatives of the United States stated that the death penalty is only exceptionally used and in full compliance with the ICCPR, the United States Constitution and OSCE Commitments. Amnesty, pardon and commutation No details of any cases involving amnesty, pardon or commutation were provided to ODIHR in the response to the questionnaire. Two individuals, Gussie Vann and Joe D’Ambrosio, were exonerated during the reporting period, according to the Death Penalty Information Center’s Innocence Database. Reasons for their exoneration relate to poor quality legal defense and prosecutorial misconduct, respectively. Fair trial guarantees In its response to the ODIHR questionnaire, the United States stated that its judicial system “provides an exhaustive system of protections to ensure that the death penalty is not applied in an extra-judicial, summary or arbitrary manner”.106 One particular case that raised fair-trial concerns during the reporting period was that of Troy Davis. On 21 September 2011, Georgia executed Davis, despite serious doubts about his guilt for the 1989 murder of a police officer. According to Amnesty International, the case rested largely on inconsistent witness testimony, where seven of the nine witnesses had either recanted or changed their testimonies.107 A request for Davis to undergo a lie-detector test was rejected by Georgia prison officials. A Georgia judge then refused an appeal, after which the state supreme court followed suit. The U.S. Supreme Court ordered a temporary stay, before ruling that the execution could go ahead.108 Human rights groups, such as Amnesty International, and international organizations, including the European Union and the International Commission Against the Death Penalty, urged the execution to be halted.109 Following the execution, the Director of ODIHR voiced his “concern about reports suggesting that due process was not fully respected in the case of Troy Davis, and that his guilt could not 106  U.S. Response, op. cit., note 88. 107  “I am Troy Davis: The Fight for Abolition Continues”, Amnesty International, September 2011, <http://www. amnestyusa.org/our-work/cases/usa-troy-davis>. 108  “Troy Davis execution goes ahead despite serious doubts about his guilt”, The Guardian, 22 September 2011, <http://www.guardian.co.uk/world/2011/sep/22/troy-davis-execution-last-words>. 109  “World shocked by U.S. execution of Troy Davis”, CNN, 22 September 2011, <http://articles.cnn.com/2011-09-22/ world/world_davis-world-reaction_1_execution-date-death-by-lethal-injection-capital-punishment?_s=PM:WORLD>. The EU High-Representative Catherine Ashton called on the US to commute Mr Davis’s sentence. 22