IACHR condemns execution of Richard Moore, sentenced to death penalty in United States

November 8, 2024

Washington, D.C.- The Inter-American Commission on Human Rights (IACHR) condemns the execution of the death penalty imposed on Richard Moore on November 1, 2024, despite the fact that on July 4, 2023 the IACHR granted precautionary measures in his favor.

Through Resolution 39/2023, the Inter-American Commission requested the United States to adopt the necessary measures to protect the rights to life and personal integrity of Richard Moore, and to refrain from executing the death penalty until the IACHR has had the opportunity to rule on his petition.

Available information indicated that Mr. Moore, an African-American male, was sentenced to death for killing a convenience store clerk in Spartanburg County. It was reported that a confrontation arose at the register and Mr. Mahoney allegedly racially insulted Mr. Moore and pointed a gun at him. Mr. Moore was able to wrestle the gun away from him. However, Mr. Mahoney allegedly brandished a second gun. Both individuals allegedly fired at each other. Medical examinations revealed that both men had gunshot wounds and that Mahoney's wounds were lethal. The representation also asserted that there was no evidence of Mr. Moore's prior intent to kill, or surveillance video footage that would provide clear evidence of the series of events leading up to this lethal shooting. The representation claimed that race, above all else, played a role at every juncture of Mr. Moore's trial and, ultimately, his death sentence.

In the request for the precautionary measure, the representation alleged violations of several articles of the American Declaration of the Rights and Duties of Man in relation to the rights to a fair trial, equality, non-discrimination and due process of law. In particular, it indicated that: a. defense counsel completely failed to take advantage of the gaps in the prosecution's evidence by using the physical evidence gathered; b. the sentence was disproportionate, as the facts do not correspond to an "exceptional gravity" that could justify the imposition of the death penalty; c. the State excluded the jurors from Mr. Moore's capital trial in a racist discriminatory manner.

In analyzing the allegations of fact and law provided, the IACHR considered that the information initially (prima facie) demonstrated that the matter met the requirements of seriousness, urgency and irreparable harm established in Article 25 of the IACHR Rules of Procedure. However, Moore was executed before the Commission had the opportunity to examine the merits of petition P-778-23. Therefore, any final decision has been rendered moot.

In this context, the IACHR recalls that the nature of the precautionary measure granted was intended to preserve Moore's legal situation while his case was being evaluated by the Commission. It should be emphasized that the purpose of precautionary measures is to preserve a legal situation until the petition pending before the inter-American system is resolved; their object and purpose are to ensure the integrity and effectiveness of an eventual decision on the merits and to avoid any violation of the rights in question, a situation that could negatively affect the useful effect of the final decision. In this sense, the precautionary measure would have allowed not only to avoid irreparable harm to Richard Moore, but also that the State could comply with the final recommendations issued by the IACHR.

The IACHR reiterates the recommendations made in its report "The Death Penalty in the Inter-American Human Rights System: From Restrictions to Abolition", which seek to abolish the death penalty or, failing that, to implement moratoriums on executions as a step toward the gradual disappearance of this penalty.

The Commission is a principal and autonomous organ of the OAS, whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Commission is mandated to promote the observance and defense of human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected by the OAS General Assembly in their personal capacity and do not represent their countries of origin or residence.

No. 281/24

10:55 AM