Urgent Action - Trinidad and Tobago

[CCADP]

URGENT ACTION APPEAL

9 June 2005

UA 158/05 Imminent execution

TRINIDAD AND TOBAGO: Lester Pitman, (m) aged 28

The authorities of Trinidad and Tobago yesterday
issued a warrant for the execution of Lester Pitman.
He is currently scheduled to be hanged on the morning
of 13 June. Amnesty International is gravely concerned
that a death warrant has been issued before Lester
Pitman has exhausted all legal remedies available to
him. Lester Pitman was sentenced to death on 14 July
2004 for the murder of British national John Cropper,
his mother-in-law, Maggie Lee and sister-in-law
Lynette Lithgow Pearson on 11 December 2001. His
co-defendant, Daniel Agard, was also sentenced to
death but his conviction was overturned by the Court
of Appeal in March 2005 and a new trial ordered.
Daniel Agard was the great-grandson of Maggie Lee.
Lawyers representing Lester Pitman, filed notice on 22
April 2005 with the Court of Appeal that their client
intended to appeal against his death sentence in a
higher court. John Cropper's widow, Angela Cropper,
has publicly spoken out against the death penalty. In
a news paper interview given shortly after the trial
of Pitman and Agard, Angela Cropper stated: ''I
question the principle of capital punishment. I know
that this is a risky position to take, given the
present state of our society and the fear that grips
us all. The society seems to accept the death penalty
as a way of dealing with crime but we do so without
any public dialogue about how effective or ethical it
is...the more we stomach capital punishment the more
inured we become to violence. I know that John and my
sister were against the death penalty. I can speak for
them with confidence because of my knowing that, like
me, they felt any killing, whether it is committed by
an individual or by the State itself, is a step too
far.'' International laws and standards pertaining to
the use of the death penalty unequivocally state that
an execution cannot be carried out while legal or
clemency hearings are available to the defendant. For
example, paragraph 8 of the United Nations Economic
and Social Council resolution 1989/64 (adopted on 24
May 1989) regarding the Implementation of the
Safeguards Guaranteeing Protection of the Rights of
Those Facing the Death Penalty states ''an execution
may not be carried out pending any appeal or other
recourse procedure or other proceedings relating to
pardon or commutation of the sentence''. Article 14(5)
of the International Covenant on Civil and Political
Rights to which Trinidad and Tobago is a party states:
''Everyone convicted of a crime shall have the right
to his conviction and sentence being reviewed by a
higher tribunal according to law.''

Despite this, Trinidad and Tobago has previously
executed prisoners who had legal avenues of appeal
available to them. In 1994, during the administration
of the People's National Movement who currently govern
the country, Glen Ashby was executed as two courts
examined his appeals. One of the courts subsequently
issued a stay of execution as the hanging took place.
On 22 June 1999, Anthony Briggs was executed despite
an order, issued on the 25 May 1999, from the
Inter-American Court on Human Rights that his life
''be preserved until such time as the Court... issues
a decision on the matter''.

BACKGROUND INFORMATION

The last executions in Trinidad and Tobago took place
in June and July 1999 when 10 men were hanged.
However, a recent surge in the crime rate has inspired
the government to seek the resumption of executions.
Since the beginning of 2005, over 151 persons have
been murdered in Trinidad and Tobago. 260 were killed
in 2004 and 229 in 2003. On 7 June 2005, the Attorney
General of Trinidad and Tobago announced to Parliament
that: ''Our international image has been affected. Our
national pride has been offended. Our sense of terror
has increased all as a relatively small band of
criminals have held us to ransom and sought to change
our lives...Government intends that every person on
death row will be hanged if the opportunity is
available to the State. If the courts intervene, the
State will, cognisant with the rule of law, do
everything within its power to pursue the sentence of
death in relation to every person on death row.''

For more information on the death penalty in the
English speaking Caribbean, please see State killing
in the English- speaking Caribbean: a legacy of
colonial times (AMR 05/003/2002, April 2002).

RECOMMENDED ACTION: Please send appeals to arrive as
quickly as possible:

- expressing sympathy for the victims of violent crime
and their relatives;

- expressing deep concern at the intention to resume
the use of the death penalty in Trinidad and Tobago
after five years without executions and calling on the
government not to take such a retrograde step;

- expressing deep concern that Lester Pitman is
scheduled to be executed on 13 June 2005;

- expressing concern that Trinidad and Tobago has
issued a death warrant to a prisoner who clearly has
several legal appeals available to him in violation of
international standards and laws pertaining to the use
of capital punishment;

- emphasizing that the death penalty has not been
shown to be any more of a deterrent to violent crime
than any other forms of punishment

APPEALS TO:

Prime Minster:
The Rt. Honourable Patrick Manning,
The Office of the Prime Minister
White Hall, Queen Park West
Port of Spain
Trinidad and Tobago
Fax: [phone]
Salutation: Dear Prime Minister

Attorney General:
The Hon. John Jeremie
Ministry of the Attorney General
Cabildo Chambers
25-27 St Vincent Street
Port-of-Spain
Trinidad and Tobago
Fax: [phone]/6530
Email: [e-mail]
Salutation: Dear Attorney General

Minister of National Security and Rehabilitation:
Senator The Hon. Martin Joseph
Ministry of National Security and Rehabilitation
31-33 Abercromby St
Port of Spain
Trinidad and Tobago
Fax: [phone]
Email: [e-mail]
Salutation: Dear Minister

Ambassador Marina Annette Valere
Embassy of the Republic of Trinidad and Tobago
1708 Massachusetts Ave. NW
Washington DC 20036
Fax: [phone]

PLEASE SEND APPEALS IMMEDIATELY. All appeals must
arrive by 13 June 2005.

Amnesty International is a worldwide grassroots
movement that promotes and defends human rights.

This Urgent Action may be reposted if kept intact,
including contact information and stop action date (if
applicable). Thank you for your help with this appeal.

Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [e-mail]
www.amnestyusa.org/urgent/
Phone: [phone]
Fax: [phone]

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