A version of this column appeared in the Nov. 10 edition of UT-Austin’s Daily Texan newspaper.

Manny Babbitt was a Marine, a Vietnam War veteran whose demonstrated courage earned him a Purple Heart. Babbitt was a survivor of the battle of Khe Sanh where 737 Americans died and more than 2,500 soldiers were wounded. He was hit by rocket shrapnel that opened up his skull. He lost consciousness and was thought to be dead. Afterthat, he was loaded onto a pile of corpses by helicopter operators, where he regained consciousness surrounded by severed limbs and bodies.

Manny returned from his service in Vietnam suffering from post-traumatic stress disorder (PTSD), exhibiting bizarre and violent behavior. Finally he broke into the home of Leah Shendel, an elderly woman, and beat her. She later died of a heart attack. Manny’s brother Bill Babbitt turned him in to the authorities, believing that he owed it to the larger community and expecting that his mentally ill brother, the war hero, would get the medical attention that he needed and deserved. But authorities responded by seeking the death penalty for Manny. Not long after being awarded a Purple Heart for his service, he was executed one minute after midnight, May 4, 1999, in the state of California. It was his 50th birthday.

Manny’s story is not just a tragic account of a one-time American hero. It is another glaring example of how the death penalty system is broken. Manny’s story is much like those of others who were executed. Coming from a hardworking family of very modest means, he was unable to afford a lawyer who would fight for him to have a fair trial, let alone fight to save his life. Manny’s first lawyer took money from his family and then dropped the case. His second, a court appointed attorney, refused to allow African Americans on the jury, drank heavily during the trial, and was later disbarred from practicing law. Manny’s trial was rife with racial tensions and his own lawyer would later be sued based on claims of racial bias.

It’s 11 years later, and the United States is again involved in another endless and illegal war that has resulted in the deaths of more than 4,000 Americans and hundreds of thousands of Iraqis. According to a March 2008 study published in the Archives of Internal Medicine, a third of veterans returning from Iraq who received care from Veterans Affairs between 2001 and 2005 were diagnosed with mental health or psychosocial ills. Combat stress, exhaustion, and bearing witness to the horrors of war contribute to Post Traumatic Stress Disorder (PTSD), which can lead to depression, suicide and violent behavior as seen in Manny’s case. Early this year New York Times found more than 100 cases of murder as part of a new wave of nationwide increase in crimes committed by veterans returning from Iraq and Afghanistan. Not surprisingly, district attorneys around the country are taking advantage of this situation by seeking death penalty and life sentence, rather than providing mental treatment.

We owe the men and women returning home from battle a justice system that is worthy of the sacrifices we are asking them and their families to make in the name of defending democratic ideals. We owe them more than what Manny received: A paucity of services to address serious health issues. The Veterans Administration is far too under-funded to provide adequate mental health care to soldiers.

The money that is squandered on capital punishment could fund hundreds of walk-in storefront Veterans’ Centers, clinics, physical and mental rehabilitation programs, as well as assistance with education, employment and housing. As we are getting reading to start the 2009 Texas legislative session, the state legislature should ban execution of mentally-ill, and replace it with smarter, more effective ways of responding to the tragedy of murder. In this new era of change, we not only owe it to our veterans, but to all citizens, to take a closer look at our criminal justice system and the damage it does to families, and to society at large. A mountain of research over the past 30 years demonstrates that capital punishment does not operate consistent with principles of due process and equal protection of the laws. It did not operate that way in Manny’s case.

IRAN Mahmoud Matin (m), aged 52, civil engineer
Arash Basirat (m), aged 44

Mahmoud Matin and Arash Basirat have been acquitted of the charge of apostasy by Branch 5 of the Fars Criminal Court in Shiraz, south west Iran, on 25 September 2008. They have since been released.

The Court ruled that they were not presented with any reason and evidence to confirm the offence of apostasy was committed by Mahmoud Matin and Arash Basirat. Both had denied that they had converted to Christianity, and said that they remain Muslim and accordingly the court found no further evidence to the contrary.

Mahmoud Matin and Arash Basirat were arrested on 15 May 2008 by Ministry of Intelligence officials in Shiraz, southwest Iran, where they were having a meeting with 13 other people, who were also interrogated but released. They were held in a detention centre in Shiraz which is controlled by the Ministry of Intelligence. They were in solitary confinement for two months before being placed in a cell together around 15 July. Their lawyer was initially informed of their charge of apostasy in early August, which if they had been convicted could have carried the death sentence.

Many thanks to all who sent appeals. No further action is required at present.

The court decided that the journalist, convicted of ‘subversive activities against national security’, could not be considered as a ‘mohareb’ (an enemy of God) and sent his case back to the lower court in Sanandaj, in Iranian Kurdistan. ‘We welcome this ruling by the Iranian justice system with great relief,’ the organisation said. ‘It is now time to free this journalist who has been through agony since his arrest more than 18 months ago.’

‘There was never any evidence of his guilt, but despite this, the judges in the case have twice decided to sentence him to death.’ His lawyer, Saleh Nikbakht, said ‘I just hope that the courts will not make the same mistake again.’ He added that one of the judges at the court in Sanandaj, who presided at Hassanpour’s trial, had since been sacked.

A new trial is due to open before the Sanandaj lower court on 6 September 2008.
Sources: Payvand.com, 05/09/2008, Hands Off Cain

August 25, 2008: Iran hanged a man convicted of raping and murdering a relative in the northwestern city of Tabriz. The man, only identified as Bahram, was hanged in a prison for raping and killing his sister-in-law 19 years ago, the Etemad newspaper said, without specifying when the execution took place. (Sources: Agence France Presse, 25/08/2008)

August 21, 2008: Saudi Arabia executed two Pakistanis convicted of smuggling heroin into the kingdom, the Saudi Interior Ministry said in a statement. Shirzada Sahib Zada was convicted of smuggling heroin into the kingdom while Yusuf Khan Noor Muhammad was found guilty of taking delivery and selling the drugs. The two were beheaded by the sword in Dammam, in eastern Saudi Arabia. Sources: RTT News, 21/08/2008

The public relations unit of the Sistan-Baluchestan Province judiciary department in Iran announced that the Zahedan Islamic Revolution Court issued a ruling on the execution of Bahram Nikpur. He was charged with carrying and possessing 14 kg of opium and 6 kg of heroin. The execution was carried out in Zahedan prison after approval by officials of the top judiciary department. (Sources: BBC, 20/08/2008)

Four unidentified people were hanged for rape and drug trafficking in an unspecified prison in Iran. (Sources: Agence France Presse, 20/08/2008)

rooz – Nader Irani

In an unprecedented measure, the Iranian judiciary froze a joint bank account that had been opened by three of the country’s most prominent movie directors and actors with the purpose of collecting money to pay the “Diye” (i.e. blood money) set for a man currently on the death row. The three revered personalities are Ezzatollah Entezami, Parviz Parastooyi, and Kiyumars PoorAhmad who have been active to prevent the execution of a death sentence on Behnood Shojayi, who is on the death row.

(Behnood) Shojaee was sentenced to death by an Iranian court for having killed his playmate, when both were still juveniles. To complicate matters, his family has been unable to meet the Diye, which if collected and handed over to the victim’s next of kin, could open the door for the latter’s consent not to execute the death penalty over the accused. The initiative of the three film actors has been widely welcomed by the public, and young Iranian journalists who have expressed public gestures of support. This public enthusiasm and response to collect money for the Diye has been so wide that the victim’s relatives agreed to provide the necessary consent before the Diye amount had been collected; a move that can prevent the execution of Shojayi.

Under these circumstances, it was surprising that the names of the three well-known and liked Iranian artists made news when they were summoned by a court whose prosecutor had pretty harsh words for the good Samaritans. “By opening a joint account, these individuals wanted to impress upon people to sympathize with the convicted criminal, whose punishment remains the Ghesas” (loosely translated to mean ‘eye-for-an-eye punishment’ as prescribed in Islam), the prosecutor announced.

Shamloo, the prosecutor of the first bench of Tehran’s criminal court added, “A newspaper published a news report about the sympathy of journalists and cinema actors for a convicted criminal by opening a joint bank account, an act that is illegal and which is why the court issued a freeze on the bank account.”

Iran’s official state news agency, ISNA, reported that in addition to freezing the bank account, the prosecutor had summoned the three cinema stars to learn of the “basis on which they had opened the account.”

Following the publication of this news, Jame Jam Online website reported that Tehran’s deputy prosecutor, judge Fakhreddin Jaafarzadeh announced that the bank account had been frozen because it was not clear who was its owner.” At the same time, he denied reports that three actors had been summoned to the court, but in remarks that seemed to substantiate the summons said, “If an artist were to be summoned to court, it would be for information purposes, and not as suspects.”

But perhaps most surprising were his comments that appeared to be threatening the artists, even though he made some positive remarks about them by saying that artists enjoy greater respect than the accusations that have been flouted against them.” He added that, “Even if it is established that a group of artists are the owners of this bank account, they shall be investigated and it shall be assumed that they are not aware of the special laws that were passed in 1997 by the State Expediency Council which have strengthened the punishments against corruption, embezzlement, and misappropriation and which carry punishments ranging from one to seven years of prison.”

“…Yaghoub Mehrnahad was executed on the morning of August 4, 2008, in Zahedan Central Prison. His only crime was the expression of his thoughts and his efforts to promote basic human rights to the deprived people of Baluchistan.

His voice will never be silenced. We Iranian bloggers will put down our pens during a one day strike on Thursday, August 7, 2008. We do this in order to protest against this unjust sentence. Let us send a message to the enforcers and executors of this case that they should not treat bloggers as their enemies

We would like to send a message to the “non-judges” of this case not to be hostile enemies to the pen of the conscious, committed bloggers of Iran, because they will be held accountable in front of the Iranian people for their unfair and unjust rulings against humanity.

The Iranian Human Rights Defenders Association

The International Writers Association

And

All Iranian Bloggers

اعتصاب يک روزه وب لاگ نويسان به خاطر اعدام يعقوب مهرنهاد

“اما من يعقوب مهرنهاد متولد سال ۵۸ شمسی و ساکن ديار مردان و زنان خونگرم و صبور و نوع دوست بلوچستان می باشم و به روز نمودن وبلاگ نيز به دليل مشغله های فراوان در انجمن جوانان صدای عدالت که سازمانی مردمی و غيرحکومتی و برای خدمت به همنوعان و جامعه بشری می باشد…”

اين صدای جوانی وبلاگ نويس بود که در سحرگاه چهاردهم مرداد ماه ۱۳۸۷ در زندان مرکزی زاهدان اعدام گرديد و يگانه جرم او ابراز انديشه و تلاش در جهت حقوق اوليه مردم محروم بلوچ بود

اما صدای او خاموش نخواهد ماند و ما وبلاگ نويسان ايران با اعتصاب ۱ روزه ی سکوت قلم خود و انتشار اين اعلاميه در در تاريخ پنج شنبه ۱۷ مرداد ماه ۸۷ اعتراض خود را به حکم ناعادلانه او اعلام خواهيم کرد و به ناقاضيانی چون جلاد پرونده يعقوب مهر نهاد هشدار ميدهيم اينگونه با قلم وبلاگ نويسان با تهعد و با وجدان ايران زمين به جدال و دشمنی نپردازند چرا که روزی در پيشگاه مردم ايران در مقابل احکام صادره که مخالف با شرع و انسانيت است جوابگو خواهند شد .
وبلاگ نويسان ايران زمين

رونوشت : دبيرخانه مجموعه فعالان حقوق بشر در ايران
سازمان جهانی نويسندگان
و کليه وبلاگ های ايرانی

پی نوشت : با انتشار اين اعلاميه در وبلاگ های ديگر اين ندای حق خواهی را انسجام و گسترش دهد.

IRAN        Saeed Jazee (m), aged 21, juvenile offender

Saeed Jazee is no longer under threat of execution: he was pardoned on 24 July by the family of the man he was convicted of killing.

He had been convicted of the murder of a 22-year-old man, which took place in 2003, when he was 17 years old, and sentenced to qesas (retribution). The Supreme Court rejected his appeal, and the Head of the Judiciary had approved the death sentence.

According to Saeed Jazee’s lawyer, on 24 July the dead man’s family announced that they had pardoned him, at a khounbas (“Stop the bloodshed”) ceremony at their home, in the western province of Ilam. On 26 July the official pardon was recorded in a registry office in Ilam.

The killing apparently took place after Saeed Jazee had gone to a friend’s sandwich shop, helped himself to a sandwich and started eating it. The 22-year-old man, who had just started working at the shop and did not know Saeed, started arguing with him about the sandwich and attacked him with a kitchen knife. During the scuffle, the knife fell to the floor and Saeed picked it up at the same time as the man charged at him and was fatally wounded. Saeed Jazee and the other employees in the shop tried to help the wounded man but he died. During the trial, the shop’s other employees stated that the killing had been accidental. Saeed Jazee has repeatedly stated that the killing was not intentional.