325. During 1994, the Special Rapporteur continued to receive reports indicating that legislation and practice relating to capital punishment in the United States of America did not conform to internationally recognized standards for fair trials. As in former years, it was alleged that defendants facing the death penalty did not benefit fully from their right to an adequate defence. The Special Rapporteur also continued to receive reports of death sentences imposed for offences committed when the defendants were below 18 years of age, or where they were said to be mentally retarded. It was repeatedly reported that the practice of capital punishment was discriminatory, death sentences being applied disproportionately on the poor, on members of minorities, on the mentally ill or retarded, and on those without adequate legal counsel, and in cases where the defendants were black.
     326. The Special Rapporteur received reports concerning two legislative initiatives which extended the scope of the death penalty during 1994. In April 1994, a bill reinstating the death penalty in the State of Kansas entered into force, providing for the possibility of imposing death sentences for specific types of intentional murder. A new Federal Crime Bill was signed into law by the President during the summer which expanded the federal death penalty to cover some 60 crimes, most of which had not been punishable by death under federal law before. Under the new law, capital offences range from the murder of federal officials to non-homicidal offences, including the attempted assassination of the President and major drug-related crimes.
     327. The Special Rapporteur sent seven urgent appeals to the Government calling on the authorities to ensure full respect for the right to life of the following persons, all reportedly sentenced to death in trial procedures falling short of internationally recognized standards: Christopher Burger, who was 17 years old at the time of the crime for which he was convicted and sentenced to death (2 December 1993); Johnny Watkins (2 March 1994); Roy Stewart and Larry Anderson (14 April 1994); Robert Nelson Drew (25 July 1994); Benjamin Terry (3 August 1994); César Fierro (5 August 1994); and Harold "Wili" Otey (10 August 1994). At the time the present report was finalized, no reply had been received from the Government. The Special Rapporteur also transmitted to the Government allegations he had received according to which William Henry Hance was executed in March 1994 after being sentenced to death by a court in Chattahoochee, Florida, in proceedings tainted with racial discrimination.

Follow-up

     328. On 23 September 1994, the Special Rapporteur sent a letter to the Government. With reference to concerns expressed earlier regarding a number of questions relating to the legislation and practice concerning capital punishment in the United States of America (see E/CN.4/1994/7, paras. 628-632), the Special Rapporteur expressed concern at reports of the reinstatement of the death penalty in the State of Kansas and at the new Federal Crime Bill.
     329. The Special Rapporteur learned with deep regret from the sources of the allegations that the death sentences of Roy Stewart, Larry Anderson, Robert Nelson Drew and Harold "Wili" Otey were carried out as scheduled.

Observations

     330. In his follow-up letter of 23 September 1994, the Special Rapporteur expressed his deep concern at the persistent allegations of violations of the right to life in the context of capital punishment in the United States of America. The reports received concerning the extension of the scope of the death penalty in Kansas and on the federal level are most disturbing. The Special Rapporteur emphasizes once again the desirability of the abolition of the death penalty, repeatedly expressed by the Human Rights Committee in its comments on article 6 of the International Covenant on Civil and Political Rights, the General Assembly, the Economic and Social Council and the Inter-American Commission on Human Rights. The expansion of the range of capital offences is all the more preoccupying in the light of recurring reports according to which the guarantees and safeguards set forth in international instruments relating to fair trial procedures and specific restrictions on capital punishment are not fully respected.
     331. The Special Rapporteur pointed out to the authorities that his concerns, expressed in this and earlier communications, persisted. He therefore inquired whether the Government could consider inviting him to carry out a visit to the United States of America to discuss the issue of capital punishment with authorities, both at federal and at the state level, as well as with interested organizations and individuals. At the time the present report was finalized, no reply had been received from the Government.