Peter Schieder calls for abolition of the death penalty in Japan and the USAStrasbourg, 27.02.2004 - Council of Europe Parliamentary Assembly President Peter Schieder today launched a pressing appeal for the abolition of the dath penalty in Japan, following the death sentence passed on Shoko Asahara, the leader of a Japanese doomsday cult, and other members of the cult involved in the gas attack on a Tokyo subway in 1995."The case for sparing Shoko Asahara's life is neither easy nor a popular one to make. The Council of Europe is opposed to the death penalty in all its forms, even for the Tokyo subway killer. But human rights apply to every one of us, without exception," Mr Schieder said. "We have our share of terrorists, child-murderers and cop-killers, but we are committed to making our society better, fairer, less brutal and to breaking the cycle of violence." He continued: "The abolition of the death penalty is one of our Organisation's priorities, and any new member state must pledge to take this step. We have succeeded in making the territory of our 45 member states, with its 800 million inhabitants, a death-penalty-free zone. Our ambition is to persuade Japan and the USA, who both hold observer status with the Council of Europe, to join us."
"Japan and the United States are leading democracies which have been very vocal on their commitment to human rights. We are calling on them to stand by their own standards of civilised behaviour." The President concluded: "My message on the eve of International Death Penalty Abolition Day (1 March) is a call on states across the world to reject the use of capital punishment. Death penalty is not justice. And as Martin Luther King said: 'Injustice anywhere is a threat to justice everywhere.' " In Resolution 1253 (2001) the Parliamentary Assembly required Japan and the United States of America to institute without delay a moratorium on executions, take the necessary steps to abolish the death penalty and to improve conditions on death row immediately. In Resolution 1349 (2003) on the abolition of the death penalty in Council of Europe Observer states, the Assembly found Japan and the United States once, more in violation of their fundamental obligation to respect human rights under Committee of Ministers Statutory Resolution (93) 26, due to their continued application of the death penalty. In Recommendation 1627 (2003) the Assembly recommended that the Committee of Ministers take effective measures to encourage compliance by Japan and the United States of America with Assembly Recommendation 1522 (2001) and Resolution 1349 (2003) on the abolition of the death penalty in Council of Europe Observer states and make it a minimum requirement for existing Council of Europe Observer states wishing to have their rights under Statutory Resolution (93) 26 extended to show their willingness to engage in a fruitful dialogue at parliamentary and governmental level with the Council of Europe on the abolition of the death penalty, if they have not yet abolished it, or put into place a moratorium on executions.
Supreme Court to Mull Execution of TeensBy ANNE GEARAN.c The Associated Press WASHINGTON (AP) - The Supreme Court, which two years ago abolished Executions for the mentally retarded, said Monday it will now consider ending the execution of killers who were under 18 when they committed their crimes. The court said it will reopen the question of whether executing very Young killers violates the Constitution's ban on ``cruel and unusual punishment.” Currently, states that allow the death penalty may impose it on killers who were 16 or 17 at the time of their crimes. The court's decision, expected by June, continues the high court's reexamination of who belongs on death row and how the death penalty is carried out. The court agreed to hear the case of a Missouri man who was 17 when he robbed a woman, wrapped her head in duct tape and threw her off a railroad bridge in 1993. The state Supreme Court declared it unconstitutional to send people to their deaths for killings committed when they were younger than 18. The 4-3 decision by the Missouri Supreme Court overturned the death Sentence of Christopher Simmons, and sentenced him to life in prison instead. Four Supreme Court justices are on record opposing the execution of Very young killers, but until now they could not persuade their colleagues to reopen the debate.
In 2003, the four-member liberal wing of the court issued an unusual statement calling it ``shameful'' to execute juvenile killers.``The practice of executing such offenders is a relic of the past and is inconsistent with evolving standards of decency in a civilized society,'' Justice John Paul Stevens wrote then. He was joined by Justices David H. Souter, Ruth Bader Ginsburg and Stephen Breyer. The rhetoric echoed the court's 2002 ruling that it is unconstitutional to execute the mentally retarded. In both instances, the constitutional question turns on the defendants' ability to understand their situation, and their level of culpability. Also like the retardation question, this one will involve an examination of whether the country has changed its mind about what kind of punishment is appropriate. The court relied heavily on the actions of state legislatures in deciding to ban executions of the retarded. On that issue, the court said the large number of states that had acted on their own to ban such executions showed that the nation no longer supported the practice. The court majority said, in effect, that times change and that the constitutionality of such executions changes with them. The 6-3 ruling drew fierce dissents from the court's three most conservative members, who view the Constitution as a more rigid document. Shortly after that ruling, Stevens predicted that juvenile killers would be the next major death penalty question before the court. The issue has been there before. The high court upheld juvenile executions in 1989, and will now consider reversing that ruling. Only the United States and a handful of other countries allow execution Of juvenile killers, and death penalty opponents argue that such executions violate not only the Constitution but an international treaty signed by the United States. Currently, 17 states that allow the death penalty for other people prohibit it for those who were under 18 when they committed their crimes. The federal government also prohibits the practice for juveniles prosecuted in federal court. According to the Death Penalty Information Center, there are now 82 inmates on death row nationwide for crimes committed when they were under 18. States have put to death 22 such inmates in recent years.The case is Roper v. Simmons, 03-633
News From The insideSo what has been going on this past month? The Newsletter had 1-year anniversaryJ and… another killing took place, just as disgusting and unjust, as most of them are, however not only in Florida but all over the country, organizations are discussing new more expressive ways to show contempt. My guess is that the quiet candlelight vigil days are over.
Inmate bank accounts and balancesWe have had some questions in regards to bank accounts and what information is accessible to the public. That is an easy one to answer. Any person in the world can call the DOC inmate bank. And with your DOC number they can get any information they wish to get. In other words, if I get nosy and want to know how much money Dianne has sent to her friend Charles, I can just call and ask. That is of course the bad side to it. It can be useful in other ways if one has good intentions. The hunger strike at FSP ended after ten days. We can inform that only one DR inmate is now in M/M. we consider this a step in the right direction! Letters about future yard in dog runsIt is true the dog runs are up for consideration, it is however not true, if approved, that it will happen in the near future. No final decisions have been made, and several things have to be taken into consideration. We are sure though, that fights in the yard are not helping matters. So that might be worth some thoughts too. Meeting with Director Carter
I had a very pleasant meeting with Mister Carter this month discussing several concerns of yours, and I am hopeful it was the start to something new and positive. I personally am thankful that the DOC is working with us. Any outcome of the meeting will be posted as soon as answers arrive. The Chinese orphanageYour drawings are arriving and please know they will be put to good use. There is still time enough to be apart of this, as my sister is coming over here from China in about a month and will bring the drawings back then. - Thanks to those of you who have already put time and energy into this project. It will help put some light into the darkness for those children. Spring is over us, and hopefully the cold will be over soon too. The result of the heat issue should be coming soon, and although taking of a bit of the wire mesh on your cell doors is certainly a nice gesture, it wont change the fact that it is, and will continue to be, boiling hot in your cells at summertime. With hopes of a better tomorrow. Amnesty InternationalWe have been contacted by Amnesty International concerning the hunger strike and conditions on Q wing. (Read below) .Of course this only concerns a few of you, still it’s important enough to share. We strongly encourage those of you who feel compelled to write to Amnesty in Atlanta or London about the situation on Q wing, to keep to the truth and nothing but. All you have is your word and credibility. KEEP IT! Part of message: I'm a member of the Miami chapter of Amnesty International and coordinate my group's work against the death penalty. I saw your petition regarding conditions on Q Wing. I think that information on these conditions should be forwarded to our Southern Regional Office in Atlanta and our researchers in London. I think that any and all information that you might reasonably be able to send to Amnesty International in London would be helpful. Their postal address, if it might be easier to mail info is: Contact:
Or: the Director Ajamu Baraka:
The Food situationBelow are some information that might be useful if you wish to complain about he food situation. As far as we can understand Aramark claim they know nothing about bad food or any complaints from IN-mates at UCI/FSP, so why not give them something to work with? Send them copies of your grievances, and when you do, let us know you have done it. We can then sent copies of the grievances we already have here (A LOT) along with your letters, and maybe even send the same to the Associated press, so that they know what is going on next time you all come down with an “Aramark Special,” and authorities are claiming they know nothing about it. OOPS, we have a correction. We cannot provide an address to Aramark. There is no mailing address and they do not respond to emails….so the addresses at the end of the page will have to do…
One can wonder what the benefits are, for the DOC to “cover up” for Aramark. The did pay for a product they are not getting, not to mention that it should be common sense that sick and malnourished prisoners who need to see doctors all the time or need to be treated for food poisoning at hospitals would be an extra burden on the budget. Fortunately it looks from the headlines we found, that other institutions have sense enough to make Aramark live up to their contract or LEAVE. Take time out to read the article on the next page. Message From Aramark:“May I assure you that we take any allegations about our foodservices anywhere very seriously. If you have specific names and dates of incidents, I would be interested in seeing them. Other than that, I can assure you that we do our very best to provide the best foodservice possible to inmates throughout the US.” Debbie Albert
Statement from ARAMARKAt ARAMARK Correctional Services, we know our trade. Since 1976, we’ve provided comprehensive, cost-effective food service programs to correctional facilities of all types and sizes. ARAMARK works with more correctional facilities than any other food service company, providing hundreds of thousands of meals a day to inmates in correctional facilities all over the United States. ARAMARK has earned its position as a leader in correctional food service management by understanding that our mission is to support your public safety and fiscal responsibilities. We continually help our clients find ways to improve service while reducing costs and adhering to the key security aspects of your facility. A little information on symptoms that could come from your raw chicken and other meat products.SalmonellaIs a rod-shaped, motile bacterium -- nonmotile exceptions S. gallinarum and S. pullorum, nonsporeforming and gram-negative. There is a widespread occurrence in animals, especially in poultry and swine. Environmental sources of the organism include water, soil, insects, factory surfaces, kitchen surfaces, animal feces, raw meats, raw poultry, and raw seafoods, to name only a few. Acute symptoms -- Nausea, vomiting, abdominal cramps, minal diarrhea, fever, and headache. Chronic consequences -- arthritic symptoms may follow 3-4 weeks after onset of acute symptoms. Onset time -- 6-48 hours Department of Health Inspector General Mailing Address:
Correctional Medical Authority
4052 Bald Cypress Way
Get it right or get out, jail food service toldAramark has 30 days to cook up solutions to problems that have inmates refusing mealsBy Bill Teeter Star-Telegram Staff Writer Tarrant County commissioners warned the new jail food contractor Tuesday to improve service or be replaced, after a deluge of complaints about rancid food, unsanitary conditions and substandard offerings. Sheriff Dee Anderson said Tarrant County inmates have bordered on revolt since shortly after Aramark Correctional Services took over jail food services in December. At the medium-security Green Bay jail recently, about 130 inmates refused a meal because the quality was so bad, officials said. An Aramark official said Tuesday that the company is providing meals that meet the terms of its contract. "We feel confident that we have met our obligations and will continue to do so," company spokeswoman Debbie Albert said. She said Aramark will not comment further until managers can review a letter from the county detailing the complaints. On Tuesday, commissioners voted unanimously to give Aramark 30 days to fix the problems and improve the food quality. Precinct 4 Commissioner J.D. Johnson was absent for the vote. Under the terms of its $3.3 million contract to provide food at the downtown jail and three other lockups, Aramark can be replaced by bidder Mid-State Services if it fails to fulfill the contract terms. Mid-States held the contract before losing out to Aramark in the recent bidding. County Purchasing Director Jack Beacham said Tuesday that jail administrators and county officials found the inmates' complaints to be valid. "Last Tuesday after Commissioners Court, I went down to the Green Bay facility," Beacham said Tuesday. "There were 17 pans of pinto beans that had soured. We spit them out when we tried them. "I had to take the suit I was wearing to the cleaners at the end of the day because you could still smell the spoiled beans in it. It was bad." Some inmates have been refusing the jail food and eating whatever they can purchase off the commissary cart, known as the "banana wagon," he said.
Beacham said he saw one Aramark employee spill a batch of flour tortillas onto the serving area floor and then put them back into the food service line. Foods were also found to be at improper temperatures, Beacham said. Items such as rice and sloppy Joe mix should be maintained at temperatures of 120 to 150 degrees, but recent checks found rice on serving trays at 89 degrees and sloppy Joe mix at 90 degrees, he said. Inmates have also complained about bland food and lack of variety, with rice and beans being served repeatedly, Beacham said. All those complaints indicate contract violations, he said. "We don't feel like we've gotten the value for what we are paying them," he said. Aramark handles food service for about 490 jail facilities nationwide, including lockups in Lubbock and Bexar counties, officials said. Lubbock County Sheriff David Gutierrez said Tuesday that Aramark has provided food service there for 10 years, with no significant problems. Bexar County officials did not return a telephone call seeking a comment. Under the Tarrant County contract, Aramark is required to provide three meals daily to about 3,500 inmates. Aramark's bid was about $600,000 lower than the previous contract with Mid-States and was based on a charge of 87.7 cents per meal. Mid-States' bid was 95.6 cents per meal. When the contract was awarded, some commissioners questioned whether Aramark could deliver quality service at the low price. Precinct 3 Commissioner Glen Whitley said Tuesday that Aramark will be replaced unless its service improves. "I think the sheriff put it very succinctly," Whitley said. "Aramark is a national company, and they have to get this problem fixed." Precinct 2 Commissioner Marti VanRavenswaay said county officials have met recently with the company to no avail. "I believe we were put in this situation because we had tried everything else," she said. "There had been several meetings to discuss the food." VanRavenswaay said the company assured officials that it could live up to its contract. "It was a very detailed bid," she said. "It was carefully evaluated. I recall that the purchasing agent feared they might not be able to live up to the bid. "It was the lowest bid, and there was everything in writing that said they could do it."
US Presidential candidate John Kerry for a moratoriumFebruary 17, 2004: Senator John Kerry, frontrunner for the Democratic nomination to run against President George Bush in the upcoming US presidential elections, declared himself for a moratorium because of "serious systemic flaws" in the country's death penalty system. Kerry's position was stated to the National Association of Criminal Defense Lawyers (NACDL), a Washington-based organisation, that in October 2003 sent a series of questions to President Bush, Vice-President Dick Cheney and the Democratic candidates asking them their stands with regard to various penal justice issues, including the death penalty. The NACDL published the results of its presidential survey January/February 2004 issue of its magazine "The Champion". "I oppose the death penalty other than in cases of real international and domestic terrorism. I support a moratorium on the death penalty because I believe that there are serious systemic flaws in the death penalty system, which have resulted in the conviction of people who are innocent. In fact, one hundred and eleven innocent people have already been released from death row because of wrongful convictions." The Bush-Cheney electoral committee answered that it was premature for their candidates to take a stand as they had not yet made their candidature for a second presidential mandate formal at the time of the survey.
Spring is right around the cornerSpring is right around the corner, and with the awakening of new life comes a renewal of all things, and an announcement of a fresh beginning to the world. You’ve all had a difficult month—we lost Johnny, some of you endured a hunger strike, and rumors spread about the prospect of "dog runs" in your future. A new beginning is needed for everyone, I think! On a global scale, new beginnings are coming in the form of Mexican President Fox proposing writing the death penalty out of Mexican law. His government will send Congress a proposed Constitutional amendment to eliminate a clause that still allows the death penalty for grave crimes. Closer to home, on February 21st, a New Jersey appellate court focused on whether the effects of a lethal injection could be reversed in case of a last-second stay and ordered a halt to future executions. The court stated that "contemporary standards of decency and morality dictate" that the state must determine whether there is a chance that a lethal injection can be reversed. And, as Hannah wrote earlier, thoughts about the death penalty are changing, and hopefully the day will soon be here when Florida is added to the list of States calling for a moratorium. In your personal lives, we urge you to work together to try to put an end to scuffles and fights on the yard. Also, it would seem like metal detectors like the ones we go through coming to visit, could solve most problems imaginable, and likely to be a financially better solution……. Dianne.
Birthdays, announcements etc…March Birthdays
The mail for FDRAG. As some of you may have noticed,L it takes forever to get a response from us. As the mail keeps coming, even from other prisons now, we have had to divide the mail between members of FDRAG so more people can help ease the load and hopefully respond within a reasonable time, and not like now where letters can lay for weeks and weeks. Greeting cards etc…In the future if you need greeting cards of any kind please address your letters to; Tammy…. at FDRAGS address Miscellaneous QuestionsCan be addressed to R. Udeasheck. Also at FDRAGS location, we will then forward the mail to the rude creature.
The Information packageFor inside the USA contact:
To have the info package sent to Someone overseas contact: Jolanda Arends,
If you need help to find a friend Dianne Abshire,
Paws -ing to read the FSCWe knew we shouldn’t have let him near the computer…
It’s Thursday, as it tends to be every so often, and FSC have released one death penalty opinion today; as usual, I’ve read it so you don’t have to, although it does make for interesting reading – it reminds us that sometimes Florida is just a beautiful place, which happens to some very bad people. The opinion is State v. Henry A. Davis; in this case, the trial court granted a new penalty phase because trial counsel failed to investigate and present mitigators, and the state is appealing this decision (just as you knew they would). Henry Davis is cross-appealing trial-court’s denial of a new guilt phase, and he is also petitioning the court for a writ of Habeas Corpus. Because the FSC grants Mr. Davis a new trial (congratulations Henry!!!!) they don’t feel they really need to go into the whole messy business of Henry having been found incompetent to stand trial, not once but twice, before he magically passed some test that declared him A-OK. Neither is an in-depth analysis of counsel’s failure to investigate seizures, brain damage, and background apparently necessary. The subject of today’s opinion – and the reason for overturning Henry’s conviction & sentence - is thus trial counsel’s deficient performance in a different, specific area: blatantly racist statements made to the jury during trial. The FSC for some reason (and I do wonder why) refer to trial counsel simply as ‘trial counsel’. I prefer to refer to him as the lawyer who showed up in court wearing a suit because his mom forgot to pick up his white sheets from the cleaner’s Mr. Dan Brawley, Esq. After empanelling an all-white jury without challenge, Mr. Brawley chose what the FSC quotes as a “minimalist approach” to defending Henry – a minimalist approach the description of which would include, but by no means be limited to, failing to call 2 witnesses who could testify that Henry wasn’t the killer. For comparison, see Saddam Hussein’s minimalist approach to human rights, or Ken Lay’s minimalist approach to honest book-keeping, or George W. Bush's minimalist approach to analytical thinking, or... - the examples are only limited by the reader's imagination, really. During trial, Mr. Brawley, Esq. made the following memorable statement: “Now, Henry Davis is my client and he's a black man, and he's charged with killing Joyce Ezell who was a white lady, lived in Lake Wales. Now, all of us that are talking now, myself and all of y'all, are all white. There is something about myself that I'd like to tell you, and then I'd like to ask you a question. Sometimes I just don’t like black people. Sometimes black people make me mad just because they’re black. And, you know, I don’t like that about myself. It makes me feel ashamed. But, you know, sometimes if this was a thermometer of my feelings, and if you took it all the way up to the top, and this was one, this was five, all the way up here was ten, you know, my feelings would sometimes start to boil and I get so mad towards black people because they're black that it might go all the way up to the top of that scale. And, you know, I'm not proud of that and it embarrasses me to tell y'all that, to say it in public.” And fortunately, not even the FSC could get around that. Mr. Brawley. Now, all you have to do as a group is find out if this sorry excuse for a human being ever defended another guy on death row. Because, as I’m sure all of y'all can see, there could be a slight problem with that. Yours and my own R. Udeasheck If anyone has comments or questions for Mister R. Udeasheck he can be contacted through FDRAG. Just make sure to address your letter to him specifically. His Motto: Prosecutors will be violated!
Winners of the book drawing MARCH 2004John Chamberlain FSP
John Blackwelder UCI
Michael Tanzi FSP
Faunce Pierce FSP
John Huggins UCI
Robert Rimmer UCI
FDRAG Share-a-Book Program
Each month, FDRAG will collect book wishes from the readers of our Newsletter. In order to submit a book wish, simply fill out the form below, send it to FDRAG and your book may be one of the 10 book titles which will be drawn each month, and purchased via Amazon.com. Because we want this program to benefit as many as possible on our shoe-string budget we ask that you pass on your book when you're done reading it.
FDRAG & MEMBERSHIPThis group is created by families and friends of death row inmates in Florida. It is a given that this group is against Capital punishment. It is however, not the purpose for this group to do anti-death penalty work, instead this group concentrates on making the living conditions for death row inmates tolerable. We also commit to work on making changes that will improve the quality of living in that particular environment called Death Row, and to help keeping the standard that already exists. Everyone who is willing to work for basic human rights is welcome. If you are looking for a group who does anti-death penalty work, we suggest you join one of the excellent groups already up and running. For further information please contact a member near you: USAHannah Floyd, (Can be contacted for info on newsletter, membership, visiting,
places to stay, transport etc.) Janice Figueroa Karin Elsea, (Contact person for the DC/Maryland area) Dianne Abshire The NetherlandsJolanda Arends, Treilerstraat 168
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