Amnesty International
Press release
16 April  2009

'Legal technicalities have become a dangerous excuse to undermine justice’

( Atlanta ) ­ Amnesty International USA (AIUSA) condemned in the  strongest terms today’s 11th Circuit Court decision to deny Troy Davis  a second petition for a writ of habeas corpus in the district court.  The human rights organization considers the decision a contrived  barrier to justice that could ultimately lead to the execution of a  man with a strong claim of innocence.

“Today’s decision is an affront to basic human rights and demonstrates  that legal technicalities have become a dangerous excuse to undermine  justice,” said Larry Cox, executive director for AIUSA. “Yet again the  courts are placing procedural obstacles over the critical issue of  innocence, and, by extension, the value of human life. The bar for  admitting evidence has been raised to such a level that no one arguing  his innocence would be able jump that hurdle.”

Davis ’ attorneys filed a November 10 brief in support of the second  petition on the grounds that it was the first time Davis was  presenting a free-standing innocence claim and that no court has yet  held an evidentiary hearing on the new evidence of recanted testimony. On December 9th, the Court heard oral arguments in the case. However  the 11th Circuit Court today denied the petition, with the majority  noting several times that they were “constrained” by procedural rules.  The Court did mandate a 30-day continuation of Davis ’ stay of  execution so that he has the opportunity to file a habeas corpus  petition with the U.S. Supreme Court.

Davis was convicted in 1991 of killing Savannah police officer Mark  Allen MacPhail. Authorities failed to produce a murder weapon or  physical evidence tying Davis to the crime. Seven of the nine original  state witnesses have recanted or changed their initial testimonies in  sworn affidavits. One of the remaining witnesses is alleged to be the  actual perpetrator. Since the launch of its February 2007 report,  Where Is the Justice for Me?, Amnesty International has campaigned  intensively for a new evidentiary hearing or trial, as well as  clemency for Davis, collecting hundreds of thousands ofclemency 
petition signatures and letters from prominent individuals around the  world.

“It is time for lawmakers in Georgia and across the United States to  confront our morally bankrupt and perilously broken death penalty  system,” said Jared Feuer, southern regional director for AIUSA. “Troy  Davis’ case shows us everything that is wrong with the death penalty  system, including its inability to correct its mistakes.”

Amnesty International is a Nobel Peace Prize-winning grassroots  organization with more than 2.2 million supporters, activists and  volunteers in more than 150 countries who campaign for human rights  worldwide. The organization investigates and exposes abuses, educates  and mobilizes the public and works to protect people wherever justice,  freedom, truth and dignity are denied.

For more information about the Troy Davis case, please visit: www.amnestyusa.org/troydavis
NOTE: There is also video of Sis. Martina following the decision  here:  http://www.wtoc.com/global/category.asp?c=153752&clipId=&topVideoCatNo=15094&topVideoCatNoB=153746&topVideoCatNoC=133146&topVideoCatNoD
=135069&topVideoCatNoE=153742&clipId=3225256&topVideoCatNo=15094&autoStart=true&autoStart=true&topVideoCatNo=default&clipId=3663408

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