SERGE ATLAOUI

Together, let’s save Serge Atlaoui and all prisoners sentenced to death in Indonesia!

Serge Atlaoui was arrested on 11 November 2005 at an acrylic factory which proved to be cover for a clandestine laboratory used for testing chemical products to make ecstasy. Indonesia’s Supreme Court sentenced him to death in 2007 but he has always maintained his innocence. The numerous errors picked up in the procedure mean that we can confirm that he did not have a fair trial. The death penalty handed down by the Supreme Court is unfair, disproportionate and absolutely tragic.

ECPM has been supporting Serge Atlaoui and all prisoners sentenced to death in Indonesia since 2008.

On 25 April 2015, our fellow citizen, Mr Serge Atlaoui, was included on the list of prisoners sentenced to death who would be executed without delay by the Indonesian justice system. He then spent a whole night in his cell, awaiting his turn, hearing his fellow prisoners in the adjacent cells being transferred one by one to their final cell. The mobilisation ECPM had been able to implement at this critical moment led to him avoiding execution. Eight prisoners sentenced to death were shot on 29 April 2015. Although the lives of Serge and a young Philippine national, Mary Jane Veloso, had been saved, they remain sentenced to death and liable to be executed at any time.

Reminder of the facts:

11/11/2005 : Serge Atlaoui is arrested at an acrylic factory which proved to be cover for a clandestine laboratory used for testing chemical products to make ecstasy.

06/11/2006 : Life sentence. Serge Atlaoui has always maintained his innocence.

15/03/2007 : Appeal ruling, confirmation of the life sentence.

29/05/2007 : The Supreme Court increases the punishment to a death sentence without providing a reason for its decision.

30/12/2014 : Request for presidential pardon submitted in February 2014 rejected.

10/02/2015 : Submission of a plea for judicial review.

11/03/2015 : A single hearing is held at Tangerang Court during which Serge Atlaoui is not authorised to present witnesses or experts in his favour.

09/04/2015 : The President of the Administrative Court declares that the Administrative Court is not competent to judge the plea.

20/04/2015 : Plea rejected.

21/04/2015 : The Supreme Court refuses to review Serge Atlaoui’s trial.

24/04/2015 : The Embassies of the various overseas prisoners on the execution list are summoned. The French Embassy is not yet summoned. Serge waits all night, sitting by the door of his cell, waiting for them to come and put him in isolation prior to execution.

25/04/2015 : At midday, the execution notifications are given to the nine prisoners left on the list, in the presence of their lawyers and a consular representative. The French Embassy is not summoned without any reason being given. Serge obtains the possibility of contesting the rejection of his request for presidential pardon at the Administrative Court.

27/04/2015 : The Public Prosecutor announces his intention to execute Serge only once the rejection at the Administrative Court has been recorded.

28-29/04/2015 : 8 other prisoners are executed. The Philippine national, Mary Jane Veloso, is withdrawn from the list of victims in extremis a few hours before her execution.

13/05/2015 : the Jakarta Administrative Court agrees to study Serge’s administrative plea.

22/06/2015 : Jakarta Administrative Court rejects the plea submitted by Serge. Serge Atlaoui’s defence team have since been focusing on other avenues of appeal.

29/07/16 : 4 prisoners sentenced to death, including three foreign nationals, were executed in Indonesia amid scenes of chaos. ECPM continues to pay close attention to developments in the country.

If Serge was executed, he would be the first French national to be executed since 1977.

HANK SKINNER

Let’s Save Hank Skinner Together!

Hank Skinner is an American citizen who was arrested on 1 January 1994 in Texas, accused of a triple homicide. He was sentenced to death in March 1995 in the absence of any incriminating evidence and despite the Sheriff’s obvious intention not to investigate what would have exonerated him. 95% of the sealed evidence from the crime scene was only tested in 2012 following a long legal battle to obtain DNA testing. Between 2010 and 2011, Hank Skinner survived three execution dates. ECPM (Ensemble contre la peine de mort) has been supporting him since 2010.

Reminder of the facts:

31 December 1993 : Hank Skinner’s partner and two adult sons are killed shortly before midnight at the home they shared with Hank.

1 January 1994 : Hank Skinner is arrested without any evidence or an investigation implicating him.

24 March 1995 : Death sentence. Hank Skinner has always protested his innocence.

From 1996 to 2009 : Numerous appeals in the State Court and the Federal Court are rejected, including two requests for DNA testing.

November 2009 : The trial judge signs an execution warrant for 24 February 2010.

February 2010 : The execution warrant is cancelled on a technicality and the execution date is put back to 24 March 2010.

24 March 2010 : 25 minutes before the time arranged for the lethal injection, the US Supreme Court grants him an unlimited reprieve without indicating initially if it would review his case.

24 May 2010 : The US Supreme Court agrees to review his case.

13 October 2010 : The US Supreme Court sits to hear the defence and the prosecution in order to decide which jurisdiction is authorised to call for DNA testing on national territory.

7 March 2011 : By 6 votes to 3, the Supreme Court rules in favour of Hank Skinner and sends the case back to the lower court.

17 June 2011 : The Governor of Texas signs a new bill facilitating access to DNA testing in the appeal phase. This law becomes applicable on 1 September 2011.

27 July 2011 : The trial judge signs a new execution warrant for 9 November 2011.

2 September 2011 : The defence lawyers file a third request for DNA testing.

2 November 2011 : The trial judge rejects the third request for DNA testing, contradicting the Code of Criminal Procedure and the new law.

7 November 2011 : The Texas Courts of Appeal order a reprieve.

2 May 2012 : The Texas Courts of Appeal sit to hear the two parties present their arguments.

1 June 2012 : The Texas Department of Justice withdraws its opposition to DNA testing before the Appeal Courts can rule.

22 June 2012 : A bilateral agreement between the prosecution and the defence is signed in order to carry out DNA testing. A percentage of the cost of these tests is to be paid by the prisoner.

2012 – 2013 : The results in full are communicated to both parties.

February 2014 : The trial court sits to hear the interpretation of the results. Both parties then present their written conclusions to the judge in order for him to send his recommendation to the Appeal Courts.

14 July 2014 : The trial judge supports the conclusions of the prosecution.

12 November 2014 : The defence lawyers appeal this decision.

2015 : Following recommendations from the FBI, some of the DNA tests must be done again based on a new calculation formula because of a number of false positive results observed with the old method.

2016 – 2017 : Over the course of the year there is much toing and froing between the defence, the prosecution, the police laboratory and the Appeal Courts concerning the time needed for the development of new software compatible with the new method and a training period for the technicians in the police laboratory.

September 2017 : The defence lawyers hire two experts to analyse the new results.

8 and 9 January 2018 : A new hearing is planned before the trial judge to present the new interpretation of these results and thus make it possible for the Appeal Courts to decide whether these results (if they had been available at the time of the trial) would have created sufficient doubt for the jury to declare him not guilty.


If the Appeal Courts support Hank, he will be able to present a new appeal to protest his innocence.

For more information, please visit:
http://justice4hank.org/fr/
https://www.facebook.com/Justice4Hank/

Download : #Justice4Hank-flyer-ECPM

IRAN

ECPM pays special attention to Iran which holds the record for the number of executions carried out on its people. Moreover, these executions are often organised in public and in a spectacular manner.

In partnership with the NGO Iran Human Rights, every year ECPM publishes a report on the death penalty in Iran. It is particularly difficult to obtain information about both the conditions of detention and the number of prisoners sentenced to death in this country. For more information, you can read the interview with Mahmood Amiry-Moghaddam, spokesperson and co-founder of Iran Human Rights, carried out upon publication of the 8th report in 2015.

PDF of reports from :

Rapport - Iran - 2015

Rapport - Iran - 2014

Rapport - Iran - 2013

Rapport - Iran - 2012


To celebrate the diplomatic rapprochement with Iran, the founding President and the Director of ECPM have jointly written an opinion piece for the French newspaper Libération to remind the Iranian Government of its duty to respect human rights. ECPM has also sent a letter to FIFA following further executions in football stadia in Iran.

THE DEATH PENALTY IS HOMOPHOBIC

Asserting one’s sexual orientation and living freely is not a crime and should definitely not be part of any criminal code. And yet, 13 countries across the world still include the possibility of punishing male homosexuality by death in their legal systems. Although it is almost impossible to keep a record of the number of executions carried out on the basis of this charge, which is very difficult to demonstrate in practice, one thing is certain: the execution of homosexuals, particularly in Iran, has been camouflaged by other offences such as drug trafficking.

ECPM is using the Death Penalty is Homophobic campaign to denounce sexual discrimination and exhort countries which apply the death penalty to decriminalise this crime. ECPM also denounces counties which have openly homophobic legislation such as Uganda which, on a number of occasions, has sought to reintroduce the death penalty for the crime of aggravated homosexuality, and it calls on all countries to respect the sexual freedom of all.

Download : The Death Penalty is Homophobic

MORATORIUM CAMPAIGN

Since 2007, a resolution for a universal moratorium on application of the death penalty has been submitted for vote at the UN General Assembly (UNGA) every two years. Through this text, which has been adopted by a large majority of States on every occasion, the UN reaffirms that application of the death penalty is an attack on human dignity “and calls upon all the States which maintain it to establish a moratorium on executions”.


Thus far, 5 resolutions have called for a universal moratorium on executions and each time they have been supported by a growing number of countries. Between 2012 and 2014, 5 countries left the opposition camp for the first time: Surinam, Eritrea, Fiji, Equatorial Guinea and Niger. Expectations are high for the next vote, planned for December 2016 in New York. The international community expects each country to vote in line with its national situation.