* News Release Issued by the International Secretariat of Amnesty
International *
News Service: 025/00
AI INDEX: AMR 51/20/00
17 FEBRUARY 2000
USA
Mumia Abu-Jamal -- Amnesty International calls for retrial
A Life in the Balance - The case of Mumia Abu-Jamal ( AI Index: AMR
51/001/2000), a new Amnesty International report, highlights inadequate
legal representation, legal proceedings that fail to reach minimum
international standards for fair trials, and possible bias of the
appeal
courts
New York City -- Amnesty International today called for a new trial in
the case of Mumia Abu Jamal on the basis that his original trial was
deeply flawed.
"This is not about an issue affecting the life of just one man. This is
about justice -- which affects us all. And justice, in this case, can
only be served by a new trial," Amnesty International said.
After many years of monitoring the case and an exhaustive review of the
original documents, Amnesty International has concluded that the
proceedings under which Mumia Abu-Jamal was tried, convicted and
sentenced to death fail to reach the minimum international standards
for
fair trials.
"Amnesty International has chosen this moment to publish the results of
their painstaking review of the case because Abu-Jamal's life and the
fairness of the judicial system are now, more than ever, in the
balance," the organization said.
Without a new trial, the federal courts are Mumia Abu-Jamal's final
opportunity to have many of the troubling issues in his case addressed.
However, the 1996 Anti-terrorism and Effective Death Penalty Act
severely limit the federal courts' ability to guarantee a defendants'
rights.
Amnesty International fears the act has increased the number of
executions that were in violation of international laws and standards
governing the use of the death penalty.
The organization is also alarmed that the Philadelphia Fraternal Order
of Police Officers is actively campaigning for the execution of Mumia
Abu-Jamal.
"Police officers and their representatives should be impartial
enforcers
of the law. Amnesty International understands the anguish officers must
feel when a fellow officer dies in the line of duty but their attempt
to
pressure the judicial system to execute Mumia Abu-Jamal is
inappropriate," the organization stressed.
Abu-Jamal's case illustrates broader problems in the judicial system,
particularly those that involve the administration of the death
penalty.
"Given the contradictory and incomplete evidence in the trial
transcript, Amnesty International cannot take a position on Abu-Jamal's
guilt or innocence," Amnesty International said. "In calling for a new
trial we are not ignoring the pain of the relatives and colleagues of
Officer Daniel Faulkner, for whom we have the greatest sympathy."
"Nevertheless, Mumia Abu-Jamal's inadequate legal representation at his
1982 trial, the fact that the judge appeared more concerned with
expediting the trial than with ensuring justice, the politisation of
the
judicial process, and the possible bias of the appeal courts has lead
Amnesty International to conclude that only a new and fair trial could
prevent the execution of a man who has not been proved guilty in a fair
trial," Amnesty International stressed.
The prosecution of Mumia Abu-Jamal was built upon three pillars:
the testimony of eyewitnesses;
ballistics evidence;
and an alleged confession by the accused. After a thorough study of
original trial documents, Amnesty International has determined that the
veracity of each of these three pillars is in sufficient doubt to make
a
new trail essential.
Key concerns
�The three prosecution eyewitnesses substantively altered their
description of what they saw between their original statements to
police
and their trial testimony.
�The witnesses were confused and unclear about the height of the
shooter, what clothes he was wearing, in which hand he held the gun,
and
whether he ran away from the scene.
�The alleged confession, reportedly crucial to the jury's decision and
sentencing, was first reported more than two months after the shooting.
�The alleged confession directly contradicted the contemporaneous notes
of one of the alleged witnesses to the confession (a police officer)
that "the negro male made no comments." This evidence was not put
before
the jury.
�There is also evidence that witnesses were offered inducements to
alter
their testimony in favour of the prosecution's
version of events. This evidence was not put before the jury.
�Lack of adequate ballistic tests to determine whether Abu-Jamal's gun
had recently been fired. It was not determined, for instance, whether
there was residue on his hands from firing a gun.
Additional information and background
Amnesty International opposes the death penalty in all cases as a
violation of human rights. The organization is therefore calling for a
new trial in which should preclude the re-imposition of a death
sentence.
Mumia Abu-Jamal, black, was convicted and sentenced to death in July
1982 for the murder of white police officer Daniel Faulkner on 9
December 1981. He has consistently maintained his innocence.
Amnesty International can take no position on the guilt or innocence of
Mumia Abu-Jamal. The organization has expressed concern however, over
the activities of a government counter-intelligence programme which
appeared to list Abu Jamal among its targets. Amnesty International is
also concerned that political statements attributed to him as a
teenager
were improperly used by the prosecution in its efforts to obtain a
death
sentence against him.
ENDS.../
Amnesty International, International Secretariat, 1 Easton Street,
WC1X 8DJ, London, United Kingdom
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