U.S. court denies Trump administration bid to resume federal executions

By Sarah N. Lynch

WASHINGTON (Reuters) – A U.S. appeals court on Monday denied the Justice Department’s request to overturn a lower court decision that temporarily stalled plans by President Donald Trump’s administration to resume executions of prisoners convicted of certain federal crimes after a 16-year hiatus.

The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found that the administration had “not satisfied the stringent requirements” to stay the lower court’s ruling. The administration had planned to resume executions of federal death row inmates starting on Dec. 9.

The ruling follows a Nov. 21 decision by U.S. District Judge Tanya Chutkan to stay the planned executions of four federal death row inmates until a long-running legal challenge to the Justice Department’s lethal injection protocol can be resolved.

The lawsuits, the first of which was filed in 2005, challenged the protocol on the grounds that it violated the U.S. Constitution’s Eighth Amendment ban on cruel and unusual punishment by carrying a risk of severe pain. The suits also said the protocol violated a federal law called the Administrative Procedure Act because it was written in secret without public input.

The case fell dormant during President Barack Obama’s tenure after the federal government was forced to halt executions and abandon its previous three-drug protocol due to a shortage of one of the drugs, an anesthetic called sodium thiopental.

But the case was revived in July, after U.S. Attorney General William Barr, appointed by Trump earlier in the year, scheduled the execution of five federal death row inmates and unveiled a new protocol that calls for using a single drug, pentobarbital, for the lethal injection.

(Reporting by Sarah N. Lynch; Editing by Will Dunham)

Executions ‘rampant’ in Philippine drug war, U.N. probe needed: Amnesty

FILE PHOTO: Activists and families of drug war victims display placards during a protest against the war on drugs by President Rodrigo Duterte in Quezon city, Metro Manila in Philippines, August 28, 2018. REUTERS/Eloisa Lopez

MANILA (Reuters) – Impunity and unlawful killings are going on unabated in the Philippines, three years into a war on drugs, with a pattern of executions under the guise of police sting operations and a state unwilling to investigate, a rights group said on Monday.

London-based Amnesty International urged the United Nations Human Rights Council to approve a resolution calling for an investigation into the Philippines, where there was a “perilous normalization” of illegal executions and police abuses.

A vote on the resolution by the 47-member council is expected later this week.

The exact number of dead in President Rodrigo Duterte’s war on drugs is impossible to independently verify, but many thousands have been killed, about 6,600 of those during operations in which police said suspects were armed and fought back.

Amnesty, in a report titled “They Just Kill”, said the authorities used “deliberate obfuscation and misinformation” to make it impossible to monitor the full extent of killings, which overwhelmingly targeted poor and marginalized communities lacking the means or support to mount legal challenges against police.

Amnesty’s report, compiled in April, focused on Bulacan province, the new epicenter of the crackdown, examining 27 killings there during 20 incidents, 18 of which were official police operations.

In three-quarters of incidents, those killed were on “watch lists” of people in communities with suspected use or involvement in drugs, Amnesty found.

It viewed those lists as unreliable and illegitimate “seeming to guide decisions about whom the police are targeting for arrest, or in some cases, to kill”.

Based on witnesses and other information, it concluded half were extrajudicial killings. It said the other incidents pointed broadly to previous patterns of executions, but it could not obtain sufficient evidence and information to be certain.

The police narrative that undercover officers posing as drug buyers had killed only in self-defense “doesn’t meet the feeblest standards of credibility”, Amnesty concluded.

Duterte’s spokesman, Salvador Panelo, said Amnesty’s basis for calling for an international investigation was wrong, and there were no such illegal killings.

“They are saying that there have been murders in this country as if all those who were killed in police operations have been intentionally slaughtered or killed,” he said during a regular new briefing.

“As we have repeatedly said, these are the result of legitimate police operations.”

Panelo last week described the call for a U.N. investigation as interference by foreign governments “misled by false news and untruthful narratives”.

(Reporting by Martin Petty; Editing by Michael Perry, Robert Birsel)

On Venezuelan independence day, Maduro calls for dialogue as Guaido slams ‘dictatorship’

Venezuelan opposition leader Juan Guaido, who many nations have recognised as the country's rightful interim ruler, is seen at Venezuela's National Assembly to celebrate the 208th anniversary of Venezuela's independence in Caracas, Venezuela July 5, 2019. REUTERS/Fausto Torrealba

CARACAS (Reuters) – Venezuela’s bitterly divided political factions held competing commemorations of the country’s independence day on Friday, with President Nicolas Maduro calling for dialogue and opposition leader Juan Guaido decrying alleged human rights violations by Maduro’s “dictatorship.”

Speaking to a gathering of top military officials, Maduro reiterated his support for a negotiation process mediated by Norway between his socialist government and Guaido, the leader of the opposition-held National Assembly who argues Maduro’s 2018 re-election was a fraud.

“There is room for all of us within Venezuela,” Maduro said in a speech in Caracas, before calling for military exercises on July 24 to defend the South American country’s “seas, rivers and borders.”

“We must all give up something in order to reach an agreement,” he said.

Venezuela was plunged into a deep political crisis in January when Guaido invoked the constitution to assume a rival interim presidency, calling Maduro a usurper. He has been recognized as the rightful head of state by dozens of countries, including the United States and most South American neighbors.

But Maduro retains the recognition of Cuba, Russia and China, and remains in control of state functions and the armed forces. He calls Guaido a U.S.-backed puppet seeking to oust him in a coup.

Guaido held a separate independence day event, calling on supporters to march toward the headquarters of the military counterintelligence directorate, or DGCIM, where navy captain Rafael Acosta died last month after opposition leaders and family members said he was tortured in custody.

The march is the first major opposition gathering since a botched Guaido-led military uprising on April 30 and follow-up protests on May 1. The government responded to the failed attempt to oust Maduro with a crackdown on Guaido-aligned lawmakers and military members suspected of involvement.

This week, the United Nations human rights chief, former Chilean President Michelle Bachelet, published a report detailing alleged extrajudicial executions, torture, enforced disappearances and other rights violations by Venezuelan security forces in recent years.

“There is no longer any valid euphemism to characterize this regime, other than dictatorship,” Guaido told reporters earlier on Friday. “The systematic violation of human rights, the repression, the torture… it is clearly identified in the (UN)report.”

The Venezuelan government has called the report “selective” and said the UN sources lacked objectivity.

A new round of Norway-mediated talks expected for this week was called off after Acosta’s death. Opposition leaders frequently argue that Maduro’s government seeks to use dialogue to distract from its continued human rights violations.

In an apparent referral to Acosta before Maduro spoke, Commander Remigio Ceballos said the armed forces “regretted the events related to the loss of the retired naval official.” Without naming Acosta, he accused him of conspiring against the Venezuelan state, and said authorities were investigating the circumstances of his death.

(Reporting by Vivian Sequera, Mayela Armas and Luc Cohen, Editing by Rosalba O’Brien)

North Korea executes envoy in a purge after failed U.S. summit: media

FILE PHOTO - North Korea's leader Kim Jong Un, North Korean Foreign Minister Ri Yong Ho and Kim Yong Chol, Vice Chairman of the North Korean Workers' Party Committee, attend the extended bilateral meeting in the Metropole hotel with U.S. President Donald Trump and his delegation during the second North Korea-U.S. summit in Hanoi, Vietnam February 28, 2019. REUTERS/Leah Millis

By Hyonhee Shin and Joyce Lee

SEOUL (Reuters) – North Korea executed its nuclear envoy to the United States as part of a purge of officials who steered negotiations for a failed summit between leader Kim Jong Un and U.S. President Donald Trump, a South Korean newspaper said on Friday.

Kim Hyok Chol was executed in March at Mirim Airport in Pyongyang, along with four foreign ministry officials after they were charged with spying for the United States, the Chosun Ilbo reported, citing an unidentified source with knowledge of the situation.

FILE PHOTO - Kim Hyok Chol, North Korea's special representative for U.S. affairs, leaves the Government Guesthouse in Hanoi, Vietnam, February 23, 2019. REUTERS/Athit Perawongmetha

FILE PHOTO – Kim Hyok Chol, North Korea’s special representative for U.S. affairs, leaves the Government Guesthouse in Hanoi, Vietnam, February 23, 2019. REUTERS/Athit Perawongmetha

“He was accused of spying for the United States for poorly reporting on the negotiations without properly grasping U.S. intentions,” the source was quoted as saying.

The February summit in Vietnam’s capital Hanoi, the second between Kim and Trump, failed to reach a deal because of conflicts over U.S. calls for complete denuclearization of the Korean peninsula and North Korean demands for sanctions relief.

Reuters was unable to independently confirm the report. Previously, North Korean officials have been executed or purged only to reappear with a new title, according to media reports.

A spokeswoman at South Korea’s Unification Ministry declined to comment. An official at the presidential Blue House in Seoul said it was inappropriate to comment on an unverified report.

The United States is attempting to check on the reports of the envoy’s execution, Secretary of State Mike Pompeo said during his visit to Berlin on Friday

When asked about reports of a “shakeup” of Kim Jong Un’s negotiating team in a May 5 interview with ABC News, Pompeo said it did appear that his future counterpart would be somebody else “but we don’t know that for sure.”

A diplomatic source told Reuters there were signs Kim Hyok Chol and other officials were punished, but there was no evidence they were executed and they may have been sent to a labor camp for re-education.

The newspaper reported that other officials had been punished, but not executed.

Kim Yong Chol, Kim Jong Un’s right-hand man and the counterpart to Pompeo before the Hanoi summit, had been sent to a labor and reeducation camp in Jagang Province near the Chinese border, the Chosun Ilbo reported.

Officials who worked with Kim Yong Chol have been out of the public eye since the summit, while seasoned diplomats who appeared to have been sidelined, including vice foreign minister Choe Son Hui, were seen returning to the spotlight.

A South Korean lawmaker told Reuters in April that Kim Yong Chol had been removed from a key party post.

RISE AND FALL

Kim Hyok Chol was seen as a rising star when he was appointed to spearhead working-level talks with U.S. nuclear envoy Stephen Biegun weeks before the Hanoi summit.

However, little was known about his expertise or his role in the talks. The four executed alongside him included diplomats working on relations with Vietnam, the Chosun report said.

“This is a man who might provide some tactical advice to the leader but is otherwise a message bearer with little negotiating or policymaking latitude,” said Michael Madden, a North Korea leadership expert at the Washington-based Stimson Center.

“Instead, they put in someone like Kim Hyok Chol to insulate Choe Son Hui and more substantive diplomatic personnel, to a certain degree he is expendable and his superiors are not.”

The penalized members of Kim Yong Chol’s team included Kim Song Hye, who led the preparations, and Sin Hye Yong, a newly elevated interpreter for the Hanoi summit. They were said to have been detained in a camp for political prisoners, the newspaper said.

The diplomatic source said Kim Song Hye’s punishment seemed inevitable because she was a “prime author” of the North’s plan to secure sanctions relief in return for dismantling the Yongbyon main nuclear complex.

The idea was rejected by the United States which demanded a comprehensive roadmap for denuclearization.

Kim Song Hye had also worked closely with Kim Yo Jong, the North Korean leader’s younger sister and a senior party official whom Kim Song Hye accompanied to South Korea for the Winter Olympics last year.

Kim Yo Jong was also lying low, the paper reported, citing an unidentified South Korean government official.

Madden, however, said Kim Yo Jong’s status was unchanged as Kim Jong Un’s top aide, citing her attendance at key party meetings in April and appearance in state media reports.

Sin Hye Yong was charged with making critical interpretation mistakes that included missing an unspecified “last-minute offer” the North Korean leader supposedly made as Trump was about to walk out, Chosun reported.

‘TWO-FACED’

North Korea’s official party mouthpiece Rodong Sinmun warned on Thursday that “two-faced” officials would face the “stern judgment of the revolution”.

“It is an anti-Party, anti-revolutionary act to pretend to be revering the leader in front of him when you actually dream of something else,” it said in a commentary.

Hong Min, a senior fellow at the Korea Institute for National Unification in Seoul, said it was possible Kim Hyok Chol and other officials faced some penalty but further verification was needed.

“Executing or completely removing people like him would send a very bad signal to the United States because he was the public face of the talks and it could indicate they are negating all they have discussed,” Hong said.

(Reporting by Joyce Lee and Hyonhee Shin; Additional reporting by David Brunnstrom in BERLIN and Hyunjoo Jin in SEOUL; Editing by Paul Tait, Lincoln Feast and Darren Schuettler)

Death penalty tensions flare again on divided U.S. Supreme Court

FILE PHOTO: U.S. Supreme Court Justice Clarence Thomas talks in his chambers at the U.S. Supreme Court building in Washington, U.S. June 6, 2016. REUTERS/Jonathan Ernst/File Photo

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court’s internal divisions over the death penalty were on full display again on Monday in fresh wrangling over how the justices handled recent attempts by two convicted murders in Alabama and Texas to put off their executions.

In both cases, there are signs that tensions over the death penalty – especially skepticism by the court’s conservative majority over last-minute bids by death row inmates to block executions – are coming to a boil after simmering for years.

In the Alabama case, Justice Clarence Thomas, one of the nine-member court’s five conservatives, wrote a 14-page opinion defending its middle-of-the-night April 12 decision to pave the way for the execution of Christopher Price, 46. The court’s order was released too late for Price’s scheduled execution to be carried out, and he remains on death row.

Minutes later, the court issued a new opinion by conservative Justice Samuel Alito criticizing its March 28 decision to issue a stay of execution for Texas inmate Patrick Murphy after the state had blocked a Buddhist spiritual adviser from accompanying him to the execution chamber.

Thomas, whose opinion was joined by Alito and fellow conservative Justice Neil Gorsuch, took aim at liberal Justice Stephen Breyer, a frequent critic of the death penalty. Breyer wrote a dissenting opinion from the Price decision that was joined by the court’s three other liberals.

Price had a weak legal argument, Thomas wrote, meaning “it is difficult to see his litigation strategy as anything other than an attempt to delay his execution. Yet four members of the court would have countenanced his tactics without a shred of legal support.”

Breyer is the most vocal critic of the death penalty on the Supreme Court, questioning the constitutionality of capital punishment and arguing that it is imposed arbitrarily and differently in various parts of the country.

In the April vote, the court reversed two lower court decisions that delayed Price’s execution so he could proceed with his request to be executed by lethal gas instead of lethal injection. The Thomas opinion on Monday was issued as the court rejected Price’s underlying appeal.

Price was convicted and sentenced to death in 1993 in the 1991 killing of William Lynn, a minister, in his home in Bazemore, Alabama.

In the Texas case, Alito said Murphy waited too long to bring his claim and that the court’s action to delay his execution would encourage others to bring similar last-ditch actions. Murphy, a Buddhist, had argued his religious rights under the Constitution were violated by the state.

‘NO GOOD REASON’

“This court receives an application to stay virtually every execution; these applications are almost all filed on or shortly after the scheduled execution date; and in the great majority of cases, no good reason for the late filing is apparent,” Alito wrote.

Alito said Murphy’s religious claim might have merit, but prisoners must file such lawsuits “well before their scheduled executions.”

Texas has already changed its policy, which previously allowed only Christians and Muslims to be accompanied by their religious advisers. Now, no religious advisers are allowed in the execution chamber.

Murphy was serving a 50-year sentence for aggravated sexual assault when he and six other inmates broke out of prison in 2000 and went on a rampage in which a police officer was killed.

A month before the Supreme Court’s Murphy decision, the justices voted 5-4 to allow an execution in Alabama to proceed and denied a request by the condemned inmate, a Muslim, for an imam’s presence in the execution chamber. Alito voted to deny both requests.

Gorsuch also complained about last-minute execution challenges when the court ruled on April 1 against Missouri death row inmate Russell Bucklew, who had sought to die by lethal gas rather than lethal injection because of a rare medical condition. Gorsuch said the Constitution’s ban on cruel and unusual punishment “does not guarantee a prisoner a painless death.”

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Putin says Islamic State has seized 700 hostages in Syria

Russian President Vladimir Putin attends a signing ceremony following a meeting with Egyptian President Abdel Fattah al-Sisi in the Black Sea resort of Sochi, Russia October 17, 2018. Pavel Golovkin/Pool via REUTERS

SOCHI, Russia (Reuters) – President Vladimir Putin said on Thursday that Islamic State (IS) militants had seized nearly 700 hostages in part of Syria controlled by U.S.-backed forces and had executed some of them and promised to kill more.

Speaking in the Black Sea resort city of Sochi, Putin said the hostages included several U.S. and European nationals, adding that Islamic State was expanding its control in territory on the left bank of the River Euphrates controlled by U.S. and U.S.-backed forces.

Putin did not specify what the militants’ demands were.

“They have issued ultimatums, specific demands and warned that if these ultimatums are not met they will execute 10 people every day. The day before yesterday they executed 10 people,” Putin told the Valdai discussion forum in Sochi.

The TASS news agency reported on Wednesday that IS militants had taken around 700 hostages in Syria’s Deir-al Zor province after attacking a refugee camp in an area controlled by U.S.-backed forces on Oct.13.

TASS said the militants had kidnapped around 130 families and taken them to the city of Hajin.

(Reporting by Gleb Stolyarov in Sochi; Additional reporting by Polina Devitt in Moscow; Writing by Tom Balmforth; Editing by Andrew Osborn)

U.N. urges Iran to stop executions of juveniles on death row

U.N. High Commissioner for Human Rights Zeid Ra'ad al-Hussein talks to reporters in Jakarta, Indonesia February 7, 2018. REUTERS/Beawihart

GENEVA (Reuters) – The top United Nations human rights official called on Iran on Friday to halt executions of young people convicted of carrying out crimes when they were under the age of 18.

In a “surge” in January, three people were executed for murders committed at 15 or 16, while some of the 80 juvenile offenders on death row are in danger of “imminent execution”, U.N. High Commissioner for Human Rights Zeid Ra’ad al-Hussein said.

“The execution of juvenile offenders is unequivocally prohibited under international law, regardless of the circumstances and nature of the crime committed,” Zeid said in a statement.

There was no immediate reaction from authorities in Iran, which has signed an international treaty strictly banning the execution of people who commit crimes under the age of 18.

In 2017, Iran is known to have executed five juvenile offenders, the U.N. statement said.

“I am sad to say that Iran violates this absolute prohibition under international human rights law far more often than any other state,” Zeid said, decrying the practice that has gone on for decades.

Among the latest criminals executed was Mahboubeh Mofidi, 20, who was convicted of killing her husband when she was 16, three years after their marriage, the statement said.

A fourth juvenile offender, believed to have been on the point of being executed on Wednesday, has reportedly received a temporary reprieve of two months, it said.

“There are appeal processes, but sometimes it’s rather opaque as to exactly what’s happening,” U.N. human rights spokesman Rupert Colville told a news briefing.

“Often you do get these kind of negotiations going on between the family of the convicted person and the family of the victim in murder cases,” he said, referring to “diyah” or blood money paid to halt an execution.

On Jan. 3, independent U.N. human rights experts called on Iran to spare the life of Amir Hossein Pourjafar, who was convicted of raping and killing a child when he was 15. He is among the three listed in Zeid’s statement as having been executed so far this year.

Zeid welcomed a bill passed in Oct. 2017 under which some drug offences previously punishable by the death penalty were now subject to a prison term, but said that the mandatory death sentence has been retained for a wide range of drug-related offences.

(Reporting by Stephanie Nebehay, editing by Larry King)

Syrian government denies U.S. accusation of crematorium at prison

A satellite view of part of the Sednaya prison complex near Damascus, Syria. Department of State/via REUTERS

BEIRUT (Reuters) – The Syrian government on Tuesday denied U.S. accusations that a crematorium had been built at one of its prisons that could be used to dispose of detainees’ remains.

A foreign ministry statement published by state news agency SANA said the U.S. administration had come out with “a new Hollywood story detached from reality” by alleging the crematorium had been built at Sednaya military prison near Damascus.

Stuart Jones, acting U.S. assistant secretary of state for Near Eastern Affairs, said on Monday that U.S. officials believe the crematorium could be used to dispose of bodies at a prison where they believe Assad’s government authorized the hanging of thousands of inmates during Syria’s six-year-old civil war.

Amnesty International reported in February that an average of 20 to 50 people were hanged each week at the Sednaya military prison. Between 5,000 and 13,000 people were executed at Sednaya in the four years since a popular uprising descended into war, it said.

The government also denied that accusation.

Amnesty said the executions took place between 2011 and 2015, but were probably still being carried out and amounted to war crimes.

In a briefing on Monday, Jones showed aerial images of what he said was the crematorium at the Sednaya site.

(Writing by Tom Perry; Editing by Janet Lawrence)

Philippine senator calls for probe into police cash-for-kill claim

Policemen walk past Philippine National Police headquarters after taking part in the founding anniversary of the Philippine National Police celebration at Camp Crame, in Quezon city Metro Manila, Philippines February 6, 2017. REUTERS/Erik De Castro

MANILA (Reuters) – A Philippine senator called for a probe on Wednesday into allegations by senior officers in a Reuters report that police received cash rewards for executing drug suspects, while a police spokesman challenged the claims but said they would be investigated.

Senator Sherwin Gatchalian said in a statement that the Philippine National Police (PNP) should take “drastic measures” to verify the allegations made by two senior police officers, and punish those who have “broken their vow to protect the Filipino people.”

In a Reuters report published on Tuesday, the two officers, who spoke on condition of anonymity, said PNP officers received cash for killing suspects in President Rodrigo Duterte’s drug war, planted evidence at crime scenes and carried out most of the killings they have long blamed on vigilantes.

One of the men, a retired intelligence officer, authored an unpublished 26-page report that provides granular detail on the alleged methods deployed in the drug war, as well as the campaign’s masterminds and perpetrators. The report, which said it is based on the accounts of 17 serving and former officers, does not contain any documentary evidence.

Gatchalian said the “integrity” of the police was “at stake,” and called on PNP chief Ronald dela Rosa to “unmask the truth.”

“The PNP leadership should look into these serious allegations made by two officers from within their ranks. While the charges lack documentary evidence, these cannot simply be swept under the rug with a blanket denial,” he said.

PNP spokesman Dionardo Carlos said he encouraged the two police officers interviewed by Reuters to come forward and publicly air their allegations. “There’s no problem if they will tell the truth, backed up by evidence,” he said.

Carlos said claims that cash rewards were being paid for killing drug suspects were implausible, because police would not have that kind of money at their disposal and such acts would be unlawful.

“First of all, that’s illegal, prohibited. Second, we are short on funds and nothing was allocated,” he told reporters.

VIGILANTE KILLINGS

Close to 9,000 people, mostly drug users and small-time dealers, have been killed since Duterte took office almost 10 months ago and promised an unrelenting campaign to rid the Philippines of illicit narcotics.

Police say about a third of the victims were shot by officers in self-defense during anti-drug operations. Human rights groups believe many of the remaining two thirds were killed by paid assassins cooperating with the police or by police themselves, disguised as vigilantes. Police reject that.

The two officers said that most of the drug-war killings are orchestrated by the police, including those they say are carried out by vigilantes. Reuters was unable to independently verify if the police are behind vigilante killings.

One of the officers, an active-duty police commander, also said that officers plant drugs and guns at the scene of deadly narcotics busts.

Gatchalian said the officers who spoke to Reuters should present concrete evidence to support their claims. “Accusations of this kind should have solid backing,” he said.

Senator Panfilo Lacson, a former national police chief, said in a text message to GMA news, one of the leading media organizations in the Philippines, that unless Reuters identified the two police officers and they could provide “convincing proof of their allegations,” he would dismiss the report as “gossip.”

(Reporting by Martin Petty and Manuel Mogato. Edited by Peter Hirschberg.)

Doctor tells U.S. court drug not suitable for Arkansas executions

Inmates Bruce Ward(top row L to R), Don Davis, Ledell Lee, Stacy Johnson, Jack Jones (bottom row L to R), Marcel Williams, Kenneth Williams and Jason Mcgehee are shown in these booking photo provided March 21, 2017

By Steve Barnes

LITTLE ROCK, Ark. (Reuters) – A surgeon told a federal court in Arkansas on Wednesday that a sedative the state plans to use in its lethal injection mix is not suitable for surgery and should be prohibited when Arkansas holds an unprecedented series of executions later this month.

Arkansas plans to kill eight prisoners in dual executions over 11 days from April 17, although a federal judge has halted one execution. Death penalty opponents have said the rushed schedule is reckless and increases the chance of errors.

The European Union on Wednesday called on Arkansas to commute the death sentences.

The convicted murderers scheduled to die have asked U.S. District Judge Kristine Baker in Little Rock to halt their executions, saying the state’s rush to the death chamber was unconstitutional. Baker set a Thursday deadline for evidence.

Lawyers for Arkansas, which has not had an execution in 12 years, have told the court that the drug in question, midazolam, has been used in executions in other states and its lethal injection protocols pass constitutional muster.

Jonathan Groner, a professor at Ohio State University’s medical school and a specialist in pediatrics and trauma, testified that he has never used midazolam as the primary anesthetic in thousands of operations he has performed.

“It would be malpractice for me to do an appendectomy using midazolam as an anesthetic,” he said. He was a witness for the inmates and on cross examination said he was a death penalty opponent.

When the number of executions was rising in the late 1990s, several states held double and even triple executions on the same day, including Arkansas.

At that time, a powerful sedative was part of the mix but since then, major pharmaceutical companies have banned sales to states for executions. This caused a scramble for new mixes, including combinations with midazolam, which has been used in flawed executions in states including Oklahoma and Arizona where witnesses said inmates writhed in pain on death chamber gurneys.

Arkansas Governor Asa Hutchinson, a Republican, set the schedule, saying the state’s midazolam supply expires at the end of April and it was in the interest of justice to hold as many executions as possible while Arkansas has the difficult-to-obtain drug.

Separately, Ohio has asked the entire U.S. Court of Appeals for the Sixth Circuit to re-consider a decision last week from a three-judge panel from that court blocking the state’s lethal injection process, the attorney general’s office said.

(Additional reporting by Robert-Jan Bartunek in Brussels and Kim Palkmer in Cleveland; Writing by Jon Herskovitz; Editing by Matthew Lewis, Toni Reinhold)