Human rights victory as Vince Cable imposes restrictions on export of 'execution' drug to U.S.

By Daily Mail Reporter
Last updated at 2:45 PM on 29th November 2010

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Backtrack: Vince Cable today announced tighter controls on the export of sodium thiopental

Tighter controls have been imposed on the export of a drug used in the execution of U.S. prisoners.
Business Secretary Vince Cable today announced the move in an apparent backtrack after earlier refusing to ban sodium thiopental being exported for such use in America.
The sedative is part of a three-drug cocktail used in lethal injections in the US. The States has a shortage of the substance and many states have halted or slowed the pace of lethal injections while searching for alternative sources of the drug.
Last month, Arizona Chief Deputy Attorney General Tim Nelson confirmed the state used sodium thiopental from Britain to execute an inmate.
The statement came during the course of judicial review proceedings of Mr Cable’s refusal earlier this month to use his powers under the Export Control Act to impose an immediate ban on the drug’s export for execution purposes.
Nathalie Lieven QC, appearing for two death row prisoners, Edmund Zagorski and Ralph Baze, had told Mr Justice Lloyd Jones at London's High Court that Mr Cable’s initial decision was irrational and unlawful as state executions were a clear violation of fundamental human rights the UK sought to protect, and the Government had reaffirmed its commitment to the global abolition of the death penalty.
She said that there was a national shortage of the drug in the US and the UK was the only known source, and there were 'strong grounds' for fearing that sodium thiopental from the UK had already been used in lethal injections.
Unless an export ban was imposed, further supplies from the UK could be used to execute her clients and many other prisoners.
A spokesman for the Department for Business, Innovation and Skills said: 'In light of new information the Business Secretary has today announced that the British Government will be placing controls on the export of sodium thiopental.
'The order will be made as soon as practicable and once in force, any person exporting this drug will require a licence issued by the Export Control Organisation.
'Any person wishing to export sodium thiopental who requires advice on the operation or effect of the order should contact the Export Control Organisation by email or telephone.'

Deadly: Sodium Thiopental is combined with rwo other substances to create the lethal injection

In his refusal decision, Mr Cable said: 'Sodium thiopental is a medicine. Its primary use is as an anaesthetic. Legitimate trade of medical value would be affected by any restriction on the export of this product from the UK.'
Any ban would be ineffective, he added, because supplies could be obtained from elsewhere.
Ms Lieven argued all Mr Cable's arguments were fatally flawed and urged the judge to rule the minister was acting contrary to the statutory purpose of the export control legislation.
'The use of sodium thiopental to execute people is as serious a breach of human rights as it is possible to envisage.'
The court heard that Zagorski had been on death row since March 1984, after being found guilty of two homicides stemming from a drugs deal.
His supporters say his conviction is unsafe, as the prosecution withheld evidence and his confession was obtained after he spent 52 days in near total isolation in what was described as a 'windowless, unventilated steel box'.
Baze has been on death row for 17 years, since February 1994, for the killing of two police officers. He claimed he acted in self defence.
Jamie Beagent of London-based solicitors Leigh Day & Co, who acted for both men, said: 'We are pleased that the Secretary of State has finally come to recognise that banning the export of drugs from the UK for use in executions overseas is the morally right thing to do.
'His decision to add sodium thiopental to the list of goods whose export from the UK is controlled is to be welcomed.
'It is only a shame that it necessitated legal proceedings to bring him to this conclusion.'
Reprieve director Clive Stafford Smith said: 'All politicians should be congratulated when they admit a mistake, and it is a credit to Vince Cable that he has backed down. However, there is urgent work to do.
'The California Department of Corrections and Rehabilitation - so named, notwithstanding their plan to execute a number of prisoners - expects to receive enough drugs to kill 86 people this week, perhaps as early as today, probably again from Britain.
'The British government must take active and urgent steps to prevent this from happening, and to make up for the delay in imposing a ban.'


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