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Further information on UA 444/91 (AMR 51/69/91, 17 December and follow-ups AMR 51/04/92, 8 January and AMR 51/07/92, 10 January) - USA (Texas): Johnny Frank Garrett

, رقم الوثيقة: AMR 51/018/1992

EXTERNAL (for general distribution) AI Index: AMR 51/18/92
Distr: UA/SC
6 February 1992
Please bring this to the attention of the campaign coordinator and/or those
responsible for the death penalty action on juveniles in the USA.
Further information on UA 444/91 (AMR 51/69/91, 17 December 1991) and follow-ups
AMR 51/04/92, 8 January 1992 and AMR 51/07/92, 10 January 1992 - Imminent
Execution of Juvenile Offender
USA (Texas) Johnny Frank GARRETT
Amnesty International has just received news that the Texas Board of Pardons
and Paroles has recommended that the Governor deny clemency to Johnny Frank
Garrett. This now clears the way for his execution, which is scheduled for
11 February 1992, to take place.
Johnny Garrett has a long history of mental illness and childhood abuse, but
this information was not made available to the jury at his trial in 1982.
According to three medical experts who examined him between 1986 and 1992,
Johnny Garrett is extremely mentally impaired, chronically psychotic and
brain-damaged. He reportedly suffers from paranoid delusions, including a
belief that the lethal injection used to execute prisoners in Texas will not
kill him.
Safeguards guaranteeing protection of the rights of those facing the death
penalty, adopted by the United Nations (UN) Economic and Social Council in
1984 (ECOSOC Resolution 1984/50), prohibit the execution of offenders aged
under 18 at the time of the crime (Safeguard 3), and further provide that "Capital
punishment may only be carried out ... after legal process which gives all
possible safeguards to ensure a fair trial..."(Safeguard 5). In May 1989, the
Economic and Social Council adopted a resolution calling upon states to
implement the safeguards and strengthen further the protection of the rights
of those facing the death penalty including, inter alia: "Eliminating the death
penalty for persons suffering from mental retardation or extremely limited
mental competence, whether at the stage of sentence or execution". These
safeguards have not been met in Johnny Garrett's case.
RECOMMENDED ACTION: Telephone calls/telegrams/faxes:
Appeals to the Texas Board of Pardons and Paroles:
- expressing regret at the Board's decision to deny clemency to Johnny Garrett
despite reports that he is severely mentally impaired and that he was subjected
to physical and sexual abuse when he was a child;
- referring to the Safeguards adopted by the UN Economic and Social Council
and stating that if the execution of Johnny Garrett is carried out, this would
be in clear contravention of these safeguards;
- urging that the Board reconsider its decision and recommend that Governor
Richards grant clemency to Johnny Garrett by commuting his death sentence.
Page 2 of 3FU 444/91
Appeals to the Governor:
- expressing regret at the Board's recommendation to her to deny clemency to
Johnny Garrett and urging her to use her influence to do whatever she can to
prevent the execution from taking place;
- referring to the UN ECOSOC safeguards and stating that the execution of
Johnny Garrett would be in clear contravention of these safeguards.
APPEALS TO
Texas Board of Pardons and Paroles Dear Board Members
8610 Shoal Creek Boulevard, PO Box 13401
Capitol Station,
Austin, TX 78758-6887
USA
Telegrams: Texas Board Pardons/Paroles, Austin, TX 78758-6887, USA
Telephone: + 1 512 459 2782
Faxes: + 1 512 459 2790
Mr Jack D Kyle Dear Mr Kyle
Chairman
Texas Board of Pardons and Paroles
2503 Lake Road, Ste 9
Huntsville, TX 77340-5737
USA
Telegrams: Mr Kyle, Huntsville, TX 77340-5737, USA
Telephone: + 1 409 291 2161
Faxes: + 1 409 291 6852
The Honourable Ann Richards Dear Governor
Governor of Texas
Office of the Governor
PO Box 12428, Capitol Station
Austin, TX 78711
Telegrams: Governor Richards, Austin, Texas 78711, USA
Telephone: + 1 512 463 1780 ('hotline')
+ 1 512 463 2000
Faxes: + 1 512 463 1849
COPIES OF YOUR APPEALS TO:
Newspaper:
Austin American-Statesman
Cox Newspapers
Box 670, Austin TX 78767
USA
Faxes: + 1 512 445 3679
and to diplomatic representatives of the USA in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 11 February 1992.

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