Telangana, India’s newest state, votes to determine its first government

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On June 2, Telangana, an otherwise landlocked region in the center of India, will become the country’s newest state, carved out of the existing state of Andhra Pradesh.India Flag Icon

Today,  Telangana’s voter determined the shape of the new state’s first-ever government, as they elect all 119 members of the incipient state legislative assembly.

What is Telangana and why is it soon to become India’s 29th state? Continue reading Telangana, India’s newest state, votes to determine its first government

How EU regulation led to Oklahoma’s ghastly botched execution

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When the European Union expanded Regulation 1236/2005 in December 2011, its regulators could hardly have known that it would lead, in part, to the excruciating scene of a failed 43-minute execution in McAlester, Oklahoma. USflagEuropean_Unionoklahoma_640

The EU decision expanded an existing ban on the trade of instruments used for torture to include those drugs specifically used by US state correctional facilities to execute prisoners by means of legal injection. It codified at the EU supranational level what had already become a growing practice at the national level in Europe, including in the United Kingdom, arguably the closest international US ally.

it served a laudable goal from the European perspective — making it more difficult for state governments in the United States to import the necessary drugs in the traditional three-drug cocktail used by most states for nearly four decades to execute inmates by lethal injection.

What’s more, that decision is the latest example of how the European Union’s policies are increasingly affecting the United States — from antitrust law to data privacy to trade harmonization, European regulatory standards will continue to shape US policies and outcomes in new and, for some Americans, often frustrating ways.

As a matter of human rights, both the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights denounce and ban the death penalty within the European Union. But the death penalty’s abolition goes beyond the immediate boundaries of the European Union — it’s banned almost universally across Europe, with the single exception of Belarus. Even Russia, which isn’t exactly the best-practices touchstone for human rights, has implemented a moratorium. Russia’s last execution took place in 1996. France’s last execution (yes, by guillotine) took place in 1977. Italy’s last execution (by firing squad) took place in 1949. The last UK execution (by hanging) took place in 1964. The entire era of executions by ‘lethal injection,’ which largely followed the US Supreme Court’s four-year moratorium* on capital punishment over concerns that executions violate the eighth amendment ban on ‘cruel and unusual punishment,’ comes largely after Europe abolished the death penalty. By the time that lethal injections became the standard practice for executions, Europe was largely out of the execution business.

Since 1977, execution by lethal injection in the United States has involved the use of three drugs:

  • sodium thiopental, an anesthetic that is used to render the convicted person unconscious;
  • pancuronium bromide, which is used to paralyze the subject and stop breathing, in part for the benefit of the audience observing the execution, because it provides the appearance that the victim isn’t suffering; and
  • potassium chloride, which stops the heart and, in theory, rapidly leads to death.

Ironically, the two most potent drugs are widely available. It’s sodium thiopental that’s become so difficult for state governments to obtain under the new EU regulations. With sources of sodium thiopental becoming increasingly scarce, correctional facilities are turning to some fairly desperate measures to avoid disruption of their regularly scheduled executions. In some cases, that’s meant sourcing drugs through illegal channels, and in other cases, that’s meant that states, like Oklahoma, have experimented with new combinations of drugs. When Missouri contemplated using propofol instead, European countries started talking about banning that drug’s export, too, which led to a deluge of concern among US health professionals that they would lose access to one of the most important anesthetics in medical use today. Missouri’s governor Jay Nixon quickly moved away from the idea.

As Matt Ford reported for The Atlantic earlier this year, EU efforts won’t necessarily end the death penalty in the United States, but they are certainly complicating its efficacy:

“The EU embargo has slowed down, but not stopped executions,” Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C, told me. “It has made the states seem somewhat desperate and not in control, putting the death penalty in a negative light, with an uncertain future.”

That’s left the United States where it is today. States like Oklahoma,  determined to move forward with executions, are left with few good options. Experimenting with new drugs will invariably lead to more botched executions like Tuesday night’s execution of Clayton Derrell Lockett (though it’s worth noting that lethal injections, and all executions, are potentially imperfect from an Eighth Amendment perspective — Ohio learned this in 2009 with the failed execution of Romell Broom). 

But the EU decision has also led to more astonishing measures. Oklahoma has taken extraordinary steps to keep secret the contents of its new experimental execution cocktail — if EU member-states discover which drug Oklahoma is using, they could easily ban that drug as well. Notwithstanding the fears that the drugs might cause the kind of 43-minute, tortured death that Lockett actually suffered last night, Oklahoma governor Mary Fallin (pictured above) brought the state to the brink of political crisis over the Oklahoma Supreme Court’s decision to stay the execution earlier this month. Only after some of Fallin’s Republican colleagues in the Oklahoma legislature threatened to impeach the justices did they relent. 

Whatever you think of the death penalty and its continued use in the United States, it’s difficult to believe that it’s  worth undermining the judiciary’s independence on a matter of life-and-death constitutional rights or that it’s worth turning the penultimate expression of law and order, an irreversible deterrent, into a tortured science experiment.

It’s even harder to believe that in a 21st century liberal democracy with strong freedom-of-information traditions, a state government can legally keep secret the means of executing its own citizens.

If former Illinois Republican governor George Ryan, who placed a moratorium on Illinois’s death penalty in 1999, represents the sober view that the capital punishment is simply too flawed to be effective, Fallin will now become the symbol of the opposite — denying the basics of due process or constitutional rights all in the service of tinkering with the machinery of death, as the late Supreme Court justice Harry Blackmun wrote in a scathing 1994 denunciation of capital punishment.     Continue reading How EU regulation led to Oklahoma’s ghastly botched execution

India Lok Sabha elections: Phase 7

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With just three rounds to go between today and May 12, and just 194 seats left to fill, Indians are once again going to the polls today to elect MPs in 89 constituencies.India Flag Icon

The biggest prize of today’s voting is Gujarat, the home state of Narendra Modi, where his ruling Bharatiya Janata Party (the BJP, भारतीय जनता पार्टी) hopes to win the lion’s share of the state’s 26 seats in the Lok Sabha (लोक सभा), the lower house of India’s parliament.

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Modi (pictured above in a ‘selfie’ posted to Twitter after voting earlier today in Ahmedabadhas served as chief minister of Gujarat since 2001, and he’s won three consecutive elections, most recently in December 2012. Much of his campaign revolves around his own stewardship of the Gujarati economy over more than a decade. The promise that Modi, as India’s next prime minister, can bring the ‘Gujarat model,’ with its high level of development, GDP growth and investment, to all of India is an alluring prospect. But it’s questionable that there’s anything like a ‘Gujarat model’ at all — it’s probably more accurate to talk about a ‘Gujarat narrative’ that begins well before Modi took office. While Modi has worked hard to bring investment to his state, and while he may be credited with some of the state’s economic success over the past 13 years, it’s not certain just how he would effect the lessons of Gujarat’s development throughout the rest of India. 

But for today’s purposes, the governing Indian National Congress (Congress, भारतीय राष्ट्रीय कांग्रेस), which currently controls 11 of the state’s 26 constituencies, will almost certainly lose many of them. As in so many other states across India, Congress, under the uncertain leadership of Rahul Gandhi, seems destined to mark historical losses.   Continue reading India Lok Sabha elections: Phase 7

Competing Shiite groups to determine Iraq’s next government

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It’s been barely over two years since all US military personnel left Iraq in December 2011, but you could be forgiven if you think that it feels much, much longer. iraq flag icon

When Iraqis go to the polls to vote today, it won’t likely make front-page headlines in the United States, even as Iraq moves away from national unity and toward growing sectarianism once again.

The last time that Iraqis went to the polls, the country seemed like it was on the mend. The destructive civil war from 2006 to 2008 that divided Baghdad (and much of the rest of Iraq) on Shiite and Sunni lines had subsided, thanks in part to a ‘surge’ of US military force and the ‘Awakening,’ a movement Sunni Iraqi leaders to combat radical elements like al-Qaeda. Iraq’s prime minister since 2006, Nouri al-Maliki, was running for reelection on a nationalist platform just as much as he was running to emerge as the leading Shiite power broker.

Fast forward four years, and Iraqis now seem less sanguine about the future than at any time since 2008. Even though Maliki (pictured above) is favored to win a third term as Iraq’s prime minister, Iraq’s future is an uncertain as ever. Exacerbated by the three-year civil war in neighboring Syria, sectarian tensions are once again on the rise. Corruption and mismanagement among Iraq’s ruling class has corroded the ability of its government to deliver even the most basic of public services, to maximize oil revenues or to provide sufficient power in Baghdad or elsewhere in the country. Members, both Sunni and Shiite, of Maliki’s ‘national unity’ government have spent the past four years fighting over access to power rather than working on policy solutions. In reality, the ‘national unity’ government, as headed by Maliki, has contributed to Iraq’s growing disunity. What’s more, it’s brought a disturbing lack of accountability — because everyone’s inside the government, there’s no opposition to hold the government accountable and there’s no credible alternative-in-waiting.

Dissatisfaction is growing at an alarming rate among Iraq’s Sunni Arab minority — note that Sunni Arabs roughly constitute around 20% of Iraq’s population, with Shiite Arabs comprising around 60% and Iraqi Kurds comprising 20%.

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That’s left much of the western al-Anbar province under the control of more radical Sunni groups that are also fighting against Syrian president Bashar al-Assad in Syria. Clumsy attempts last December by the Maliki government to assert control over Fallujah and other cities in the Sunni-dominated west only served to empower Sunni resistance, including a fair share of radical jihadists, such as the Islamic State of Iraq and the Levant (ISIS or ISIL, الدولة الاسلامية في العراق والشام, ad-Dawla al-Islamiyya fi al-’Iraq wa-sh-Sham‎), which formerly held itself out as Iraq’s homegrown branch of al-Qaeda, and which is active in Syria as well. But the violence is no longer confined to the west — an alarming number of suicide bombings and other attacks are on the rise all across Iraq, from Baghdad to Basra, the oil-rich province in the far south.

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RELATEDWhat is happening in Iraq, Fallujah and al-Anbar province?

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Radical groups have warned Sunni Arabs against participating in today’s elections on threat of violence. But parts of the Sunni west are so dangerous that the central Iraqi government won’t even be able to conduct elections there. The unrest follows Maliki’s systematic exclusion of top Sunni figures from government, including Iraq’s vice president, Tariq al-Hashemi, who fled to Iraqi Kurdistan and then Turkey after Maliki’s forces tried him for murder and sentenced him to death. From the army to the central bank to the oil ministry, Maliki has skillfully excluded his ostensible Sunni partners in favor of Shiite allies.  

Meanwhile, in the north, Iraqi Kurdistan has forged ahead with an increasingly autonomous government that’s avoided many of the missteps of the central government, even as Iraqi Kurdistan pulls further away from Baghdad. For example, the Kurdish government is now shipping 100,000 barrels of oil a day through a pipeline to Turkey, thereby exacerbating relations with Baghdad to the point that Maliki has suspended  the 17% of the Iraqi budget allocated to the Kurds. As Iraqi Kurdistan continues to prosper as an oasis of stability with a relatively successful democracy and a strong economy that is attracting a growing amount of foreign investment, it’s sharing less and less in common with the rest of Iraq that seems to be heading into turmoil.

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RELATED: Bordered by chaos, Iraqi Kurdistan holds elections in relative oasis of peace and democracy

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So amid all the gloom, what should you expect from the voting in today’s parliamentary election? Continue reading Competing Shiite groups to determine Iraq’s next government