{"id":6394,"date":"2021-01-08T21:54:35","date_gmt":"2021-01-08T21:54:35","guid":{"rendered":"http:\/\/theadvocatespost.org\/?p=7742"},"modified":"2021-01-08T21:54:35","modified_gmt":"2021-01-08T21:54:35","slug":"citing-human-rights-concerns-inter-american-commission-on-human-rights-calls-on-the-united-states-to-stay-the-executions-of-two-women","status":"publish","type":"post","link":"https:\/\/radiofree.asia\/2021\/01\/08\/citing-human-rights-concerns-inter-american-commission-on-human-rights-calls-on-the-united-states-to-stay-the-executions-of-two-women\/","title":{"rendered":"Citing human rights concerns, Inter-American Commission on Human Rights calls on the United States to stay the executions of two women"},"content":{"rendered":"\n

In\u00a0December\u00a02020, the Inter-American Commission on Human Rights <\/a>(IACHR) issued\u00a0resolutions\u00a0urging the United States Government\u00a0to\u00a0stay\u00a0the\u00a0unjust\u00a0executions\u00a0of two American women.<\/strong>\u00a0For Lisa Montgomery<\/a>,\u00a0whose execution is set for January 12, 2021<\/span>, this order comes at a time of desperate need.\u00a0In\u00a0Article 91\/2020<\/a>, the IACHR outlines\u00a0the\u00a0horrific\u00a0and prolonged\u00a0torture and trauma\u00a0Ms. Montgomery suffered\u00a0since\u00a0the\u00a0age of 11,\u00a0which led to the development of multiple psycho-social disabilities. International standards hold that the death penalty is always unlawful when the court ignores facts that influenced a defendant\u2019s motivations, including exposure to abuse. <\/p>\n\n\n\n

Experts argue that Ms. Montgomery\u2019s disabilities and history of abuse make it impossible to legally apply the death penalty in her case, but her attorneys did not properly present\u00a0these mitigating factors\u00a0during her trial.\u00a0Further,\u00a0attorneys\u00a0did not discuss the failings of police, doctors, judges,\u00a0school officials, and social workers who did not act to protect Ms. Montgomery\u00a0throughout\u00a0her life, even when made aware of the abuse\u00a0against her.\u00a0On December\u00a03, 2020, the IACHR and ten UN human rights experts called for clemency and a stay of her execution until the facts of her case can be\u00a0reviewed\u00a0(United Nations Office of the High Commissioner, 2020<\/a>).\u00a0\u00a0<\/p>\n\n\n\n

In Tennessee, Christa Pike\u00a0is experiencing\u00a0a different kind of\u00a0deprivation of\u00a0her human rights. In the United States, male and female prisoners have long been kept separate\u00a0in an attempt to\u00a0protect the health and safety of inmates. While this practice might not constitute an abuse of human rights on its face, there are circumstances that can lead to devastating effects. For a woman sentenced to death, it can mean many years of almost complete isolation.\u00a0As the only woman on death row\u00a0in Tennessee, she\u00a0is kept\u00a0apart from the other female\u00a0prisoners, as well as from male prisoners. This\u00a0means\u00a0Pike\u00a0has been living in\u00a0de facto\u00a0<\/em>solitary confinement\u00a0throughout\u00a0her 23-year\u00a0of incarceration.\u00a0<\/p>\n\n\n\n

On\u00a0December 11, 2020, the\u00a0IACHR\u00a0stated in\u00a0Resolution\u00a095\/2020<\/a>\u00a0that her prolonged solitary confinement\u00a0constitutes\u00a0an abuse of her human rights.\u00a0Most stays in solitary confinement are not\u00a0indefinite, but\u00a0can last from just a few days to a few months (sometimes longer).\u00a0It is intended to be used only\u00a0as a punishment or\u00a0as\u00a0a\u00a0short-term\u00a0preventative\u00a0measure. Even at\u00a0shorter lengths of confinement,\u00a0the\u00a0American Public Health Association (2013)<\/a>\u00a0reports that\u00a0prisoners experience physiological, psychological, and cognitive\u00a0harm, including memory loss, depression, paranoia, hallucinations, and extreme mental\u00a0duress\u00a0resulting in trauma.\u00a0This is\u00a0especially\u00a0harmful\u00a0for those\u00a0like Ms. Pike\u00a0who have\u00a0pre-existing psycho-social disabilities.\u00a0International human rights standards,\u00a0set forth in\u00a0the\u00a0United Nations\u2019\u00a0(UN)\u00a0Mandela Rules<\/a>,\u00a0state that\u00a0when\u00a0solitary confinement lasts more than\u00a015 days, it is\u00a0considered torture.\u00a0Christa Pike\u2019s\u00a0de facto<\/em>\u00a0solitary confinement is counted in years, not days, and is a clear violation of international human rights law. For this reason, the IACHR is calling for a stay of\u00a0her execution until the facts can be reviewed and analyzed by an independent organization.\u00a0<\/p>\n\n\n\n

For these two women, life on death row is unjust and unethical. The shortcomings of trial counsel could cause Ms. Montgomery to lose her life unjustly, and the prolonged solitary confinement in Ms. Pike\u2019s case constitutes torture according to international standards. Lisa Montgomery and Christa Pike are among many women whose rights are threatened by the continued use of the death penalty. These threats will be highlighted by the 2021 World Day Against the Death Penalty, scheduled for October 10th<\/sup>, which will focus on women sentenced to death. It is clear that the United States must stay both executions until the IACHR can review the cases and determine the extent of these human rights abuses. If the executions are not stayed until the cases can be reviewed, the deprivation of their rights will be irreparable.  <\/p>\n\n\n\n

To learn more:  <\/p>\n\n\n\n