Georgia will violate both justice and the constitution if it executes Warren Hill
State law prohibits applying the death penalty to the 'mentally retarded', yet Georgia plows ahead, ignoring Hill's disability
Christof Heyns
guardian.co.uk, Wednesday 13 February 2013 11.22 EST
The US supreme court says it is a violation of the constitution to execute an offender with intellectual disabilities, but the state of Georgia is poised to do just that.
Just over a year ago, the world learned that Georgia was about to execute Troy Davis, someone about whose guilt there were serious questions. Many expressed their misgivings, but he was, nevertheless, executed. It has now become clear that Georgia has finally cleared the last legal hurdles and is intent on executing Warren Hill, whose IQ is within the range of what is considered to constitute intellectual disability, or "mental retardation" (in US parlance). A state court has twice found that Hill meets the criteria for mental retardation by a preponderance of the evidence.
Hill has been on death row since 1991. His execution was stayed twice in the middle of 2012, to resolve questions relating to the lethal injection process. On 23 July, he was asked to choose his last meal (he took the usual prison food). He had already had his pre-execution physical and was waiting in the holding cell by the lethal injection room when he was told he would be executed another day. His execution was halted at the last minute to resolve a technical question about the method that was going to be used to kill him.
This has now been resolved, and state attorney general has confirmed his execution date. On 18 February, he will again be given the opportunity to choose a last meal. On 19 February, he is scheduled to be executed.
More:
http://www.guardian.co.uk/commentisfree/2013/feb/13/georgia-constitution-execute-warren-hill
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