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2296 Document(s) 1101 Member(s) 480 Article(s) 15 Page(s)

Document(s)

Government Misconduct and Convicting the Innocent, The Role of Prosecutors, Police and Other Law Enforcement

By Samuel R. Gross, Maurice J. Possley, Kaitlin Jackson Roll, Klara Huber Stephens , on 20 July 2022


2022

Academic report

Innocence


More details See the document

This is a report about the role of official misconduct in the conviction of innocent people. We
discuss cases that are listed in the National Registry of Exonerations, an ongoing online archive
that includes all known exonerations in the United States since 1989, 2,663 as of this writing.
This Report describes official misconduct in the first 2,400 exonerations in the Registry, those
posted by February 27, 2019

  • Document type Academic report
  • Themes list Innocence

Document(s)

Lethal injection in the modern era: cruel, unusual and racist

By Reprieve , on 24 April 2024


2024

NGO report

Cruel, Inhuman and Degrading Treatment and Punishment

United States


More details See the document

Published on April 2024.

Researchers at Reprieve conducted an in-depth comparative study of botched lethal injection executions in the modern era of the U.S. death penalty, cross-referenced against the 1,407 lethal injection executions carried out or attempted during that period.

This report examines the phenomenon of botched executions by lethal injection, exploring the trends and contributing factors leading to botched executions through an analysis of 73 botched executions in the 1,407 lethal injection executions since 1977 (known as the modern era of the death penalty in the U.S.). This analysis used a process called multi-variable logistic regression, a type of analysis that assesses the odds of something happening considering multiple variables, to assess how identifiable characteristics (gender, age, and race) were associated with botched executions.

  • Document type NGO report
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment

Document(s)

A/HRC/51/7 – Advance Edited Version – Question of the death penalty

By Office of the High Commissioner for Human Rights (OHCHR), on 26 July 2022


2022

United Nations report


More details See the document

Pursuant to Human Rights Council decision 18/117, the present report is submitted to update previous reports on the question of the death penalty. In the report, the Secretary-General reaffirms the trend towards the universal abolition of the death penalty and highlights initiatives limiting its use and implementing the safeguards guaranteeing the protection of the rights of those facing this severe penalty. A minority of States continued to use the death penalty. Pursuant to Council resolution 22/11, the report also includes information on the human rights of children of parents sentenced to the death penalty or executed.

  • Document type United Nations report

Document(s)

Uganda – Universal Periodic Review – Death Penalty – July 2021

on 21 July 2021


2021

NGO report

World Coalition

Uganda


More details Download [ pdf - 336 Ko ]

This report addresses Uganda’s compliance with its international human rights obligations with respect to the death penalty. The report examines and discusses the current state of the death penalty in Uganda, including (1) the broad scope of crimes that are eligible for the death penalty; (2) the lack of effective access to counsel in capital cases; (3) the occurrence of extrajudicial killings.

This report recommends that Uganda adopt a number of key steps to better align its death penalty practices with Uganda’s international human rights obligations. These steps include the following: establishing an official, de jure moratorium on the death penalty; reducing the number and scope of crimes that are eligible for the death penalty; reducing the maximum possible sentence from death to one that is fair, proportionate and in compliance with international human rights standards; and other measures

  • Document type NGO report / World Coalition
  • Countries list Uganda

Document(s)

Guess Who’s Coming to Jury Duty? How the Failure to Collect Juror Demographic Data Contributes to Whithewashing the Jury Box

By Berkeley Law Death Penalty Clinic , on 30 April 2024


2024

Academic report

United States


More details See the document

Published on February 2024.

Founded in 2001, the Berkeley Law Death Penalty Clinic seeks justice for individuals facing capital punishment by providing high-quality representation and offers students a rich opportunity for meaningful, hands-on experience in high stakes, complex litigation. The clinic also tackles problems endemic to the administration of the death penalty and the criminal legal system.

The report continues the clinic’s racial justice research and advocacy by cataloging the states that gather prospective jurors’ self-identified race and ethnicity and those that do not. It examines what courts do with the information, including whether it is provided to the court and counsel for use during jury selection, and the consequences of these choices in furthering or obstructing jury representativeness and diversity. In particular, the report shows why the collection of prospective jurors’ self-identified race and ethnicity is vital to meeting state and federal fair cross-section guarantees and eliminating the discriminatory exercise of peremptory challenges.

  • Document type Academic report
  • Countries list United States

Document(s)

A/HRC/54/53: Human rights challenges in addressing and countering all aspects of the world drug problem – Report of the Office of the United Nations High Commissioner for Human Rights

By United Nations , on 15 August 2023


2023

Academic report

United Nations report

Drug Offenses

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More details See the document

The present report outlines human rights challenges in addressing and countering key
aspects of the world drug problem. It also offers an overview of recent positive developments
to shift towards more human rights-centred drug policies, and provides recommendations on
the way forward in view of the upcoming midterm review of the 2019 Ministerial Declaration
and to contribute to the implementation of the 2030 Agenda for Sustainable Development.

Document(s)

The Myth of Autonomy Rights

By Kathryn E. Miller, on 20 July 2022


2022

Article

United States


More details See the document

Supreme Court rhetoric, scholarly discussion, blackletter law, and ethical rules have perpetuated a myth that individual rights protect the autonomy of defendants within the criminal legal system. To expose this myth, I examine six rights that the Court has enshrined as essential decision points for criminal defendants due to the rights’ purported expressive and consequential functions: (1) the right to self-representation; (2) the right to plead guilty; (3) the right to waive a jury; (4) the right to testify; (5) the right to waive appeals; and (6) the right to maintain innocence at a capital trial. I conclude that each of these rights fails to protect defendant autonomy.

I then argue that genuine displays of autonomy under the criminal legal system take the form of resistance to the law, legal advocates, and the legal system. Thus, the autonomy of criminal defendants occurs not because of law but in spite of it. As such, scholarly discussions of the personal autonomy of criminal defendants should focus not on rights and rules but on acts of resistance. The current autonomy rights discourse is harmful because it obscures the system’s defects by framing discussions around individual rights instead of structural limitations. This lends itself to solutions involving procedural tinkering to better actualize individual rights instead of radical structural reform or abolition. By obscuring these structural defects and stressing the system’s protective qualities, the autonomy rights discourse presents the system not only as legitimate, but as functional, and potentially even successful. As such, a new scholarly frame is warranted: autonomy as resistance to law and the legal system. By illuminating the ways in which autonomy in the criminal legal system resembles autonomy under the American institution of slavery, the autonomy as resistance frame exposes the need for radical structural change and facilitates a reimagining of the criminal legal system.

  • Document type Article
  • Countries list United States

Document(s)

Mobilization Kit 2010

By World Coalition against the death penalty , on 10 October 2010


2010

Campaigning

Trend Towards Abolition


More details Download [ pdf - 138 Ko ]

Every year, the World Coalition Against the Death
Penalty (WCADP) calls for local initiatives worldwide.
The events involve citizens and organisations
supporting the abolition of capital punishment and
comprise debates, concerts, press releases or any
other action which would give the global abolition claim
an international boost.
This Day is aimed at both political leaders and public
opinion in countries where the death penalty has or
has not yet been abolished: people have to remember
the meaning of abolition and pass it down through the
generations.
They must be aware that justice without the death
penalty is possible

  • Document type Campaigning
  • Themes list Trend Towards Abolition

Document(s)

Zimbabwe – Universal Periodic Review – Death Penalty – July 2021

By Eleos Justice, Monash University, on 15 July 2021


2021

NGO report

World Coalition

Zimbabwe


More details Download [ pdf - 271 Ko ]

This report addresses Zimbabwe’s compliance with its human rights obligations with respect to its use of the death penalty. The United Nations considers Zimbabwe a de facto abolitionist country. It has not carried out any executions since 2005. Courts, however, continue to sentence individuals to death, with 88 people currently on death row as of December 2020, after 8 sentences were commuted in April 2020. The new Zimbabwean Constitution (the “2013 Constitution”) has replaced the mandatory death penalty with a discretionary sentence for the crime of murder committed under aggravating circumstances. The 2013 Constitution further outlaws the imposition of the death penalty on women, men over the age of 70, and men under the age of 21 at the time the offence was committed. In its 2016 Universal Periodic Review, Zimbabwe noted all recommendations related to the death penalty, partly on the ground that Zimbabwean public opinion did not support abolition of death penalty. Since 2016, developments demonstrate a more positive attitude among the public and opinion leaders toward further reform and the abolition of death penalty.

This report focuses on various issues concerning the death penalty and related international human rights instruments, and on conditions of detention and acts of torture and ill treatment of people in detention. Specifically, this report recommends that Zimbabwe abolish the death penalty, improve detention conditions, ratify relevant human rights treaties, and increase resources dedicated to improving the justice system.

  • Document type NGO report / World Coalition
  • Countries list Zimbabwe

Document(s)

“Don’t let them kill us”: Iran’s relentless execution crisis since the 2022 uprising

By Amnesty International, on 4 April 2024


2024

NGO report

Iran (Islamic Republic of)

fa
More details See the document

Published in 2024.

This research briefing documents the horrifying surge in executions in Iran in 2023, the highest in eight years. More than half of the executions were for drug-related offences amid a distressing return to a lethal antinarcotics policy since Ebrahim Raisi’s rise to presidency in 2021. With systemic impunity in Iran, the briefing reiterates the need for states to initiate criminal investigations under the principle of universal jurisdiction into crimes under international law committed by Iranian officials, irrespective of the absence or presence of the accused in their territory. Since the “Woman Life Freedom” uprising of September-December 2022, the Iranian authorities have weaponized the death penalty to create a pervasive climate of fear across the country, exert control over the population, and suppress dissent and any challenge to their iron grip on power. As a result, 2023 saw an exponential increase in the number of recorded executions. The authorities executed at least 853 people in 2023, a 48% increase from 2022 when 576 people were executed and a 172% increase from 2021 when 314 people were executed. Amnesty International believes that the real number of executions is higher, but the Iranian authorities are not transparent about the number of people executed each year and do not make data on executions publicly available.

Document(s)

Annual Report On the Death Penalty in Iran 2023

By Iran Human Rights (IHRNGO) with the support of ECPM (Together Against the Death Penalty), on 14 March 2024


2024

NGO report

Iran (Islamic Republic of)


More details See the document

Published on March 5, 2024

This report has been drafted by Iran Human Rights (IHRNGO) with the support of ECPM (Together Against the Death Penalty). Since 2012, Iran Human Rights and ECPM have been working together for the publication, international release and distribution of annual reports on the death penalty in Iran.

The 16th annual report on the death penalty by Iran Human Rights and ECPM (Together Against the Death Penalty) provides an assessment and analysis of the 2023 death penalty trends in 2023 in the Islamic Republic of Iran. It sets out the number of executions in 2023, the trend compared to previous years, the legislative framework and procedures, charges, geographic distribution and a monthly breakdown of executions. Lists of the female and juvenile offenders executed in 2023 are also included in the tables. The report also looks into the abolitionist movement within Iran, including the forgiveness movement and its contribution to reducing the use of the death penalty, and provides analysis on how the international community can contribute to limiting the scope of the death penalty in Iran. The 2023 report is the result of hard work from Iran Human Rights members and supporters who took part in reporting, documenting, collecting, analysing and writing of its contents. We are especially grateful to Iran Human Rights sources inside Iran who incur a significant risk by reporting on unannounced and secret executions in prisons of 30 different provinces. Due to the very difficult context, the lack of transparency and the obvious risks and limitations that human rights defenders face in the Islamic Republic of Iran, this report does not give a complete picture of the use of the death penalty in Iran by any means. There are 46 reported executions which are not included in this report due to a lack of sufficient details or an inability to confirm cases through two different sources. However, it aims to provide the most complete and realistic figures possible in the present circumstances. The current report does not include suspicious deaths in custody, death row prisoners who died in prison before the executions or those killed under torture. ECPM supports the elaboration, editing process, publishing and distribution of this report in the framework of its international advocacy work against the death penalty. The problems of transparency on the data and information about the death penalty in Iran should be overcome by a strong strategy of distribution and dissemination. The overall objectives of this report for Iran Human Rights and ECPM are to call attention to and publicise the facts, in order to change national and international views on the situation of the death penalty in Iran, first executioner country in the world.

  • Document type NGO report
  • Countries list Iran (Islamic Republic of)

Document(s)

Annual Report on The Death Penalty In Iran 2021

on 28 April 2022


2022

NGO report

Iran (Islamic Republic of)

fr
More details See the document

The 120-page report assesses and analyses trends in death penalty practices in order to propose recommendations, tailored to the national context, and to engage in a constructive dialogue on capital punishment in the country.

The death penalty situation in the Islamic Republic of Iran remains alarming with a significant increase in executions in 2021 (+25%) and an increasing number of Iranian women being executed. The number of executions has doubled after the election of Ebrahim Raeisi as President, and as the Islamic Republic and Western governments negotiate to revive the nuclear deal, also called the Joint Comprehensive Plan of Action (JCPOA). These are some of the main findings of the 14th Annual Report on the Death Penalty in Iran by Iran Human Rights (IHRNGO) and Ensemble Contre la Peine de Mort (ECPM) released today.

Document(s)

Felony Murder: An On-Ramp for Extreme Sentencing

By The Sentencing Project, Fair and Just Prosecution, on 23 March 2022


2022

NGO report

United States


More details See the document

Although other countries have largely rejected the felony murder doctrine, 48 states, the District of Columbia, and the federal government still use these laws. Felony murder laws compel harsh decades-long – or even life – sentences even when the individual charged did not directly cause or intend the loss of life.

This report evaluates the legal and empirical foundation, and failings, of the felony murder rule, profiles impacted individuals, and highlights recent reform efforts in 10 jurisdictions. Key findings include:

1. Felony murder laws widen the net of extreme sentencing and are counterproductive to public safety.
2. Felony murder laws have particularly adverse impacts on people of color, young people, and women.
3. Existing reforms must be expanded to achieve justice.

  • Document type NGO report
  • Countries list United States

Document(s)

The Process of Abolishing the Death Penalty in Members States of the Organisation of Islamic Cooperation

By Nael Georges, ECPM, on 27 November 2020


2020

NGO report

Afghanistan

Albania

Algeria

Azerbaijan

Bahrain

Brunei Darussalam

Burkina Faso

Cameroon

Chad

Comoros

Djibouti

Egypt

Indonesia

Iran (Islamic Republic of)

Iraq

Jordan

Kazakhstan

Kuwait

Kyrgyzstan

Lebanon

Libya

Malaysia

Maldives

Mali

Morocco

Mozambique

Niger

Nigeria

Oman

Qatar

Saudi Arabia

Sierra Leone

Somalia

Sudan

Suriname

Tajikistan

Togo

Tunisia

Turkey

Turkmenistan

Uganda

United Arab Emirates

Uzbekistan

arfr
More details See the document

As the 47th session of the Council of Ministers of Foreign Affairs of the Organisation of Islamic Cooperation (OIC) is being held on 27-28 November 2020 in Niamey, Niger, ECPM and Nael Georges release this study, “The Process of Abolishing the Death Penalty in Member States of the Organisation of Islamic Cooperation”.

Document(s)

From Advocacy To Abolition: How The Universal Periodic Review Can Shape The Trajectory Of The Abolition Of The Death Penalty

By Amy Bergquist, California Western, School of Law, on 1 February 2024


2024

Academic Article

Trend Towards Abolition


More details See the document

Published in 2023.

This article assesses whether there is evidence to suggest that the UPR can influence the timing of a country’s decision to abolish the death penalty. The evidence arises out of the examination of thirty case studies of countries that abolished the death penalty, or ratifiedthe leading treaty calling for abolition. This article concludes that in some circumstances the UPR does appear to influence that timing. These conclusions can assist civil society organizations as they refine their advocacy to encourage more countries to abolish the death penalty.

Part I of this article offers an introduction to the global abolitionist movement and two of its advocacy targets: the U.N. Human Rights Council and the UPR. Part II makes the case for focusing on the UPR to assess the efficacy of U.N. advocacy. Part III describes the process of abolition and offers several theories as to how the UPR might influence a country’s trajectory toward abolition. Part IV sets out the study’s methodology and encompasses the analysis of the case studies, focusing first on countries that have abolished the death penalty early in a UPR cycle, then on countries that have abolished at mid-cycle, and finally on countries that have abolished during the tail end of the cycle. The conclusion discusses the implications of these findings for civil society organizations working toward abolition of the death penalty.

  • Document type Academic Article
  • Themes list Trend Towards Abolition

Document(s)

Educational guide: teaching abolition

By World Coalition against the death penalty , on 10 October 2011


2011

Campaigning

Trend Towards Abolition

fr
More details See the document

In 2009, the World Day Against the Death Penalty was
dedicated to the theme “Teaching Abolition”. The World
Coalition developed a teaching guide to be used in
schools throughout the world

Document(s)

Amnesty International Global Report : Death Sentences and Executions 2021

on 25 May 2022


2022

NGO report

aresfr
More details Download [ pdf - 2638 Ko ]

2021 saw a worrying rise in executions and death sentences as some of the world’s most prolific executioners returned to business as usual and courts were unshackled from Covid-19 restrictions, Amnesty International said today in its annual review of the death penalty.

Document(s)

Arbitrary and Capricious: Examining Racial Disparities in Harris County’s Pursuit of Death Sentences

By Texas Defender Service, on 24 April 2024


2024

NGO report

United States


More details See the document

Published on February 2024.

Texas has executed more people than any other state. However, out of the 254 counties in Texas, 136 have never sent an individual to death row. Harris County—Texas’s largest county and home to the city of Houston—stands out as the “death penalty capital of the world.” Harris County has executed more people than any state in the United States except Texas3 and is responsible for a quarter of the 1,124 people who have been sent to Texas’s death row since 1973.

  • Document type NGO report
  • Countries list United States

Document(s)

Gender Matters: Women on Death Row in the United States

By Sandra Babcock, Nathalie Greenfield, Kathryn Adamson, Cardozo Law Review , on 24 April 2024


Academic report

Gender

United States

Women


More details See the document

This article presents a comprehensive study of 48 persons sentenced to death between 1990 and 2023 who presented as women at the time of their trials. This research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence and prior involvement with the criminal legal system. This report also explore the nature of the women’s crimes of conviction, including the role of male co-defendants and the State’s use of aggravating factors. Finally, it reveals for the first time the extent to which capital prosecutions are dominated by men—including judges, elected District Attorneys, defense attorneys, and juror forepersons—and explain why gender matters in determining who lives and who dies

  • Document type Academic report
  • Countries list United States
  • Themes list Gender / Women

Document(s)

Resolution 77/274 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 August 2022


2022

United Nations report


More details See the document

The present report provides information on the implementation of General Assembly resolution 75/183. It discusses developments towards the abolition of the death penalty and the establishment of moratoriums on executions and highlights trends in the use of the death penalty, including the application of international standards relating to the protection of the rights of those facing the death penalty. The report discusses conditions of detention for persons on death row, the application of the death penalty to foreign nationals, its disproportionate and discriminatory application to women, its disproportionate impact on poor and economically vulnerable individuals, its discriminatory use relating to persons exercising their human rights, and various initiatives for advancing its abolition. The report welcomes progress made towards universal abolition in States representing different legal systems, traditions, cultures and religious backgrounds. It concludes that all measures aimed towards limiting the application of the death penalty constitute progress in the protection of the right to life.

  • Document type United Nations report

Document(s)

Mobilization Kit 2008

By World Coalition against the death penalty , on 10 October 2008


2008

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 137 Ko ]

Every year, the World Coalition Against the Death
Penalty (WCADP) calls for local initiatives worldwide.
The events involve citizens and organisations
supporting the abolition of capital punishment and
comprise debates, concerts, press releases or any
other action which would give to the global abolition
claim an international boost.
This Day is intended for both political leaders and
public opinion of countries where the death penalty
has or not been abolished yet: people have to
remember the meaning of abolition and pass it down
through generations.
They must be aware that a justice without death
penalty is possible.

Document(s)

Gender, Violence, and the Death Penalty

By Sandra Babcock and Nathalie Greenfield, California Western International Law Journal , on 1 February 2024


2024

Academic Article

Gender

Women


More details See the document

Published in 2023.

This article is the first in a series that will systematically explore how gender has affected the criminal proceedings of women currently on death row. For this inaugural article, we have undertaken the first—and, to our knowledge, only comprehensive analysis of gender-based violence (“GBV”) in the lives of all women currently on death row, examining the prevalence of GBV and how it has shaped the lives and affected the criminal prosecutions of women facing execution. Our research reveals, for the first time, that almost every woman on death row in the United States has experienced GBV. Indeed,the great majority have experienced more than one incident of GBV in their lifetime. Our findings align with previous studies demonstrating that women’s pathways to incarceration are paved with physical, sexual, and psychological abuse. Our research further shows that both in the United States and around the world, defense attorneys frequently fail to present evidence of GBV in women’s capital trials. When they do introduce such evidence, they fail to fully explain the nature of their clients’ victimization and the harm they have suffered as a result. Moreover, prosecutors frequently rely on gendered tropes to discredit women’s accounts of violence such as childhood sexual abuse, rape, and intimate partner violence. Consequently, those who sentence women to die rarely comprehend the extensive trauma that the women have endured throughout their lives, and how that trauma relates to their legal and moral culpability.

  • Document type Academic Article
  • Themes list Gender / Women

Document(s)

Educational guide 2009

By World Coalition against the death penalty , on 10 October 2009


2009

Campaigning

Trend Towards Abolition

esfrruzh-hant
More details Download [ pdf - 536 Ko ]

With this Educational Guide, the World Coalition
Against the Death Penalty is launching a collaborative
initiative which aims to improve the contributions of all.
This guide will be regularly supplemented by new infor-
mation and themes. It will also be frequently updated
on the Coalition’s website (www.worldcoalition.org).
On behalf of the members of the World Coalition in
more than thirty countries across the world, we thank
you for your support.

Document(s)

The Physician in the Execution Chamber: No Such Thing as the Normal Pain of Dying

By Joel Zivot, California Western International Law Journal , on 1 February 2024


2024

Academic Article

United States


More details See the document

Published in October 2023.

For capital punishment to be lawful in the United States of America, it must occur without cruelty, a requirement of the traditional reading of the Eighth Amendment. There has never been a consensus on what form of execution is cruel, although some historic practices are shockingly barbaric to modern sensibilities— I think of the “draw and quarter” technique. The family of the murdered victim may fairly argue that the murderous behavior should be the minimum degree of cruelty meted out. But western countries eschew that standard and seek moderate forms, partly to deter by punishment and partly as a forfeit of the murderer’s life for the victim’s life when execution is allowed in that state. Certainly, there is substantial support for continuation of execution in states that allow it. The judges must be respectful of that, but still, they must respect the 8th amendment. At present, the prevalent method of execution in the United States is “lethal injection” using injectable medicines in very high doses that are repurposed to kill the prisoner. Because it is impossible to ask an executed individual about the cruelty experienced during their own death, the state instead relies on the empathy of witnesses to gauge the cruelty of a prisoner’s execution. Lethal injection was expected to be a bloodless execution and aimed to eliminate the visible appearance of cruelty, sometimes through the use of a paralytic.

  • Document type Academic Article
  • Countries list United States

Document(s)

The Illusion of Heightened Standards in Capital Cases

By Anna VanCleave, University of Connecticut - School of Law, on 25 January 2024


2024

Article

Fair Trial

United States


More details See the document

Published on April 3, 2023.

The death penalty has gained its legitimacy from the belief that capital prosecutions are more procedurally rigorous than noncapi-tal prosecutions. This Article reveals how a project of heightened capital standards, set in motion when the Supreme Court ended and then revived the death penalty, was set up to fail.

In establishing what a constitutional death penalty would look like, the Court in 1976 called for heightened standards of reliability in capital cases. In the late 1970s and early 80s, the Supreme Court laid out specific constitutional procedures that must be applied in capital cases, and left the door open for the Eighth Amendment to do even more. In the decades that followed, state and federal courts have fueled a perception of heightened procedural rigor in capital cases by referring repeatedly to the heightened standards applica-ble in capital cases.

  • Document type Article
  • Countries list United States
  • Themes list Fair Trial

Document(s)

United States – Committee on the Elimination of Racial Discrimination – Death Penalty – May 2022

on 21 July 2022


2022

NGO report

United States


More details Download [ pdf - 703 Ko ]

1. The Committee last reviewed the United States’ compliance with the International Convention on the Elimination of All Forms of Racial Discrimination in 2014. Among the 2014 Concluding Observations are two recommendations relevant to this Report. 2. The Committee stated that it “remain[ed] concerned that members of racial and ethnic minorities, particularly African Americans, continue to be disproportionately arrested, incarcerated and subjected to harsher sentences, including life imprisonment without parole and the death penalty.” Among other things, the Committee encouraged “[a]mending laws and policies leading to racially disparate impacts in the criminal justice system … and implementing effective national strategies or plans of action aimed at eliminating structural discrimination.” The Committee specifically encouraged “[i]mposing a moratorium on the death penalty, at the federal level, with a view to abolishing the death penalty.”1 3. The Committee also commented on “the ongoing challenges faced by indigent persons belonging to racial and ethnic minorities to access legal counsel in criminal proceedings in practice.” The Committee encouraged the adoption of “all necessary measures to eliminate the disproportionate impact of systemic inadequacies in criminal defence programmes on indigent defendants belonging to racial and ethnic minorities, including by improving the quality of legal representation provided to indigent defendants.”2 4. This report addresses the United States’ compliance with its human rights obligations under the Convention with regard to the death penalty, including with respect to those areas identified in the Committee’s 2014 Concluding Observations as described above.

  • Document type NGO report
  • Countries list United States

Document(s)

Special issue: a decade-long review of the death penalty for drug offences

By Harm Reduction International, on 7 May 2024


2024

NGO report

Drug Offenses


More details See the document

This report builds on the pioneering work HRI has been doing since its first ‘The Death Penalty for Drug Offences: Global Overview (‘Global Overview’) in 2007. It analyses how the landscape of the death penalty for drug offences has shifted in the last decade, looking at the main trends regarding people on death row, death sentences and executions for drug offences, as well as key developments at national and international level in the period between 2014 and 2023.

  • Document type NGO report
  • Themes list Drug Offenses

Document(s)

Death Penalty For Drug Offences: Global Overview 2021

on 21 March 2022


2022

NGO report

Drug Offenses


More details See the document

Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our eleventh on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international law.
The Death Penalty for Drug Offences: Global Overview 2021 found that: 1) 35 countries still retain the death penalty for drug offences 2) At least 131 people were executed for drug offences in 2021 – a 336% increase from 2020. However, due to a severe lack of transparency, if not outright censorship, this is only a partial picture. This figure likely represents only a fraction of all drug-related executions carried out globally.

  • Document type NGO report
  • Themes list Drug Offenses

Document(s)

A Deadly Distraction, Why the Death Penalty is not the Answer to Rape in South Asia

on 25 May 2022


2022

Arguments against the death penalty

NGO report

Bangladesh

India

Pakistan

Sri Lanka


More details See the document

Since 2010, persons convicted of rape offences were executed in at least 9 countries, including India and Pakistan. Moreover, public protests against the rape epidemic, which led governments to introduce capital rape laws, illustrates the need to shine a spotlight in South Asia.

The report examines the use of the death penalty for rape in four South Asian countries: Bangladesh, India, Pakistan and Sri Lanka and explores ways that anti-death penalty activists can challenge this concerning trend.

  • Document type Arguments against the death penalty / NGO report
  • Countries list Bangladesh / India / Pakistan / Sri Lanka

Document(s)

World Psychiatric Association position statement mental health and the death penalty

By World Psychiatric Association, on 30 November 2023


2023

Arguments against the death penalty

Fair Trial

Intellectual Disability

zh-hant
More details See the document

International law and laws of various countries prohibit the imposition of the death penalty on persons
with mental illness or developmental and intellectual disabilities due to the special barriers faced by
them in defending themselves; their limited moral culpability; and their diminished ability to
understand the nature and reason for their execution. However, due to lack of accommodations in
criminal proceedings and legal safeguards, persons with mental illness, developmental and intellectual
disabilities are at a greater risk of being sentenced to death and having their fair trial rights denied.

Authors:
Maitreyi Misra, Director (Mental Health and Criminal Justice), Project 39A, National Law University
Delhi.
Namrata Sinha, Research Associate (Mental Health and Criminal Justice), Project 39A, National Law
University Delhi.
Neeraj Gill, Professor, Health Research Institute, University of Canberra and Griffith University,
School of Medicine, Griffith University, Gold Coast, Australia.
Soumitra Pathare, Consultant Psychiatrist, Director, Centre for Mental Health Law and Policy, ILS
Law College, Pune.
Afzal Javed, President, World Psychiatric Association.

Document(s)

Death Row in the USA: Death Penalty Cases and Statistics by State

By Legal Defense Fund , on 13 May 2024


2024

Academic report

Death Row Conditions 

United States


More details See the document

LDF issues a quarterly report entitled Death Row USA that contains death penalty information, death row populations by state, and other capital punishment statistics in the United States.

  • Document type Academic report
  • Countries list United States
  • Themes list Death Row Conditions 

Document(s)

Mobilization Kit 2006

By World Coalition against the death penalty , on 10 October 2006


2006

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 114 Ko ]

The World Coalition was created in Rome on 13 May
2002, following the commitment undertaken by the
organizations who signed the Final Declaration of
the First World Congress against the death penalty
in June 2001 in Strasbourg. It comprises 52 non-
governmental organizations, as well as bar asso-
ciations, trade unions and local communities.
The Coalition aims to reinforce the international
movement to abolish the death penalty, to reduce
the scope of capital punishment and put an end
to executions wherever they take place. To this
end, the Coalition facilitates the creation and devel-
opment of national and regional coalitions against
the death penalty. The Coalition also spearheads
lobbying efforts directed towards states and inter-
national institutions.

Article(s)

Ways to Restrict the Use of the Death Penalty in Iran

By Iran Human Rights, on 8 April 2019

Iran Human Rights (IHR); March 27, 2019: A part of the 11th Annual Report on the Death Penalty in Iran, by IHR, deals with the ways to restrict the use of the death penalty in Iran.

2019

Iran (Islamic Republic of)

Document(s)

Data Mapping: Women on Death Row

By World Coalition against the Death Penalty , on 1 August 2023


2023

NGO report

Gender

fr
More details Download [ pdf - 813 Ko ]

In 2021, the 19th edition of the World Day Against the Death Penalty (“World Day” on October 10) was dedicated to the invisible reality of women on death row, paving the way for new data on the issue of women sentenced to death. Many members of the World Coalition Against the Death Penalty (“World Coalition”), in preparation for 10 October, conducted research to document the situations of women facing the death penalty around the world. To systematize the information collected and have a global understanding of women sentenced to death, the World Coalition conducted a data systematization exercise.
This short report presents the main conclusions of this country exercise. These findings are a compilation of existing data available to the World Coalition Against the Death Penalty and its members organization up to December 2022.

Death penalty: An irreversible torture: Discussion with special rapporteurs and exonerees

Article(s)

Highlights: Discussion on torture and the death penalty with UN experts and exonerees

By Venus Aves, on 6 November 2023

For the 21st World Day Against the Death Penalty dedicated to the reflection on the relationship between the use of the death penalty and torture or other cruel, inhuman, and degrading treatment or punishment started in 2022, the World Coalition hosted an online discussion with United Nations experts Morris Tidball Binz (UN Special Rapporteur on […]

2023

Cruel, Inhuman and Degrading Treatment and Punishment

Death Row Conditions 

Document(s)

How to Work with Parliamentarians for the Abolition of the Death Penalty

By World Coalition Against the Death Penalty, on 7 October 2021


2021

Working with...

World Coalition

Moratorium

Public Opinion 

fr
More details Download [ pdf - 18114 Ko ]

This how-to guide, elaborated with Parliamentarians for Global Action with highlights coming from the African continent, is specifically designed for the use of abolitionist civil society groups who want to work with parliamentarians for the abolition of the death penalty.

Article(s)

Recapping and video recordings of the side events of the 2021 General Assembly

By Elise Garel, World Coalition Against the Death Penalty, on 27 September 2021

On June 18, 2021, on the sidelines of the General Assembly of the World Coalition Against the Death Penalty, several events were organized. These events were an opportunity for the members of the World Coalition to address many issues related to the fight for the abolition of the death penalty.

2021

Juveniles

Legal Representation

Women

Myanmar's flag

Article(s)

Statement on the end of the unofficial moratorium on executions in Myanmar

By the World Coalition Against the Death Penalty, on 11 August 2022

The World Coalition Against the Death Penalty, and ACAT-France, ACAT-Germany (and their partner organization Federal Association of Vietnamese Refugees in the Federal Republic of Germany), Amnesty International, Anti-Death Penalty Asia Network (ADPAN), Avocats Sans Frontières France, Centre for Civil and Political Rights, Citizens United for Rehabilitation of Errants (CURE International), Coalition Marocaine Contre la Peine […]

2022

Moratorium

Myanmar

Document(s)

Yemen – Committee on the Elimination of Discrimination Against Women – Death Penalty – September 2021

on 20 September 2021


2021

NGO report

World Coalition

Women

Yemen


More details Download [ pdf - 272 Ko ]

Women in conflict with the law in Yemen are at risk of experiencing gender-based discrimination within the legal system and while detained. Such discrimination is particularly acute when women are at risk of being sentenced to death. For example, in Houthi-controlled parts of Yemen, women are in danger of being sentenced to death for “spying,” often based primarily on the conduct of their male family members. In parts of the country controlled by the internationally recognized Government of Yemen, women accused of capital offenses are denied legal aid to mount a successful defense. And because of the mandatory nature of the death penalty for crimes such as murder, courts do not take into account an accused woman’s experiences of gender-based violence that may have motivated her actions. Women are also often financially unable to gather sufficient resources to pay “blood money” to victims’ families. Detention conditions for women, particularly in Houthi-controlled parts of Yemen, amount to cruel, inhuman, and degrading treatment and in some cases prison authorities torture women detainees.

Because of continued internal conflict in Yemen, there is limited official data regarding the number of women currently sentenced to death. For the same reason, there is only limited information regarding detention conditions of women sentenced to death.

  • Document type NGO report / World Coalition
  • Countries list Yemen
  • Themes list Women

Document(s)

Gender and Death Penalty Glossary

By World Coalition against the Death Penalty, on 1 August 2023


2023

World Coalition

Gender

fr
More details Download [ pdf - 829 Ko ]

As part of the integration of a gender and intersectional approach into its strategy, the World Coalition Against the Death Penalty (World Coalition) decided to develop a glossary to identify and define the key terms of which the abolitionist movement should be aware to consider gender and other axes of intersectional discrimination at work in the capital punishment process, and more broadly to mainstream gender into their abolitionist work. This glossary was developed based on existing glossaries of World Coalition members on closely related topics, existing international definitions and standards established by international human rightsmechanisms as well as based on definitions written by international organizations specializing inwomen’s rights and LGBTQIA+ people’s rights.This glossary aims to support the abolitionist movement in recognizing the gender and intersectional biases at work in the judicial process leading to the death penalty and to contribute to the developmentof a common language around these issues, a process initiated a few years ago by members of theWorld Coalition Against such as the Cornell Center on the Death Penalty Worldwide. Moreover, this glossary also aims to promote the integration of a gender approach into the internal workings o fabolitionist organizations.

Document(s)

Facts and Figures 2012

By World Coalition against the death penalty , on 10 October 2012


2012

Campaigning

Trend Towards Abolition

esfr
More details Download [ pdf - 251 Ko ]

On October 10, the World Coalition Against the Death Penalty and abolitionists worldwide will celebrate the 10th
anniversary of World Day against the Death Penalty. This year’s World Day focuses on the achievements and
progress made toward abolition. Around the world, countries have ended or restricted their use of the death
penalty. In addition, they have signified their support of ending this practice by ratifying the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
and by voting in favour of United Nations (UN) resolutions for a moratorium on the death penalty. The World
Coalition welcomes these steps forward as it also remains vigilant for the challenges ahead.

Document(s)

The Philippines – Universal Periodic Review – Death Penalty – March 2022

on 31 March 2022


2022

NGO report

World Coalition

Philippines


More details Download [ pdf - 320 Ko ]

1. This report addresses the Philippines’ compliance with its international human rights
obligations with respect to the death penalty. For years, the Philippines imposed the death
penalty, particularly for so-called heinous crimes. In 2006, President Gloria MacapagalArroyo abolished the death penalty.1 Since then, however, lawmakers have introduced
numerous bills to reinstate the death penalty, with the House adopting Bill No. 7814 as
recently as March 2, 2021.2

2. The report examines the current state of the death penalty in the Philippines, including (1)
acceptance of international norms; (2) proposed legislation reintroducing the death penalty;
(3) torture and cruel, inhuman, or degrading treatment in enforcing drug control; (4)
conditions of detention; and (5) administration of justice and fair trial.

3. This report recommends that the Philippines continue the abolition of the death penalty,
refrain from reintroducing the death penalty, honor its international commitments, and
implement a human rights-based approach to anti-drug policy

  • Document type NGO report / World Coalition
  • Countries list Philippines

Document(s)

Amnesty International – Global Report : death sentences and executions 2023

on 29 May 2024


2024

NGO report

Trend Towards Abolition

aresfr
More details See the document

Amnesty International’s monitoring of the global use of the death penalty recorded 1,153 known executions in 2023, an increase by 31% from 883 in 2022. However, there was a significant decrease in executing countries, from 20 in 2022 to 16 in 2023.

Document(s)

Tunisia – Committee Against Torture (LOIPR) – Death Penalty – June 2022

on 21 July 2022


2022

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment

Tunisia


More details See the document

Tunisia carried out its last execution in 1991, over 30 years ago. Despite this de facto moratorium on executions, Tunisian courts continue to sentence people to death. Courts sentence people to death every year for a variety of crimes, especially terrorism. The current administration is undoing many of the positive changes to the Tunisian judicial system brought about by the 2011 revolution, and public opinion is divided over whether to move forward with abolition, maintain the status quo, or even resume executions, a course of action that some politicians and officials within the government support. Tunisia continues to support the UN resolutions aiming to establish a global moratorium on executions but has refused to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.

This report recommends that Tunisia maintain its commitment to the UN moratorium and move to ratify the Second Optional Protocol, while also working to restore the independence of its judiciary and reducing the total number of crimes punishable by death in the short term. In the long-term Tunisia should completely and unconditionally abolish the death penalty.

  • Document type NGO report / World Coalition
  • Countries list Tunisia
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment

Document(s)

Detailed factsheet – World Day 2024 & 2025

By World coalition against the death penalty, on 11 July 2024


2024

Campaigning

World Coalition

fr
More details Download [ pdf - 485 Ko ]

Document(s)

Detailed Factsheet – World Day 2022

By the World Coalition Against the Death Penalty, on 4 July 2022


2022

World Coalition

fr
More details Download [ pdf - 893 Ko ]

Detailed factsheet on torture and the death penalty, for the 20th World Day Against the Death Penalty (2022).

Document(s)

Uganda – Committee on the Elimination of Discrimination Against Women – Death Penalty – January 2022

on 12 January 2022


2022

NGO report

World Coalition

Uganda

Women


More details Download [ pdf - 243 Ko ]

This report addresses Uganda’s compliance with its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women with respect to the death penalty. The report examines and discusses Ugandan death penalty laws and cases where women are sentenced to death row in Uganda, primarily for murder.

This report recommends that Uganda adopt a number of key recommendations to better align its death penalty practices with Uganda’s obligations to women under the Convention. These steps, among other things, include: (1) abolishing the death penalty and in the interim, limiting the death penalty to only the most serious crimes of intentional killing of another human; (2) ensuring proper gender-sensitive training in the judicial system and protecting women in conflict with the law when gender-based violence is involved; (3) developing and implementing programs to prevent gender-based violence and discrimination; and (4) ensuring fair access to counsel to women sentenced to death or at risk of being sentenced to death.

  • Document type NGO report / World Coalition
  • Countries list Uganda
  • Themes list Women
how Malaysian politics has shaped the death penalty as our country knows it today

Article(s)

Malaysia and the Politics Behind the Death Penalty: A Tumultuous Relationship. 

By Michelle Chew, on 24 October 2022

On 6 October 2022, the Malaysian government tabled bills abolishing the mandatory death penalty.

2022

Malaysia

Trend Towards Abolition

Document(s)

Abolitionnist portrait 2004

By World Day against the death penalty , on 10 October 2004


2004

Campaigning

Trend Towards Abolition

fr
More details See the document

Abolitionnist portrait 2004

Document(s)

Proven With(out) Certainty: How Judges Sentence Defendants to Death for Drug Offences in Iran

By Abdorrahman Boroumand Foundation for the Promotion of Human Rights and Democracy in Iran, Monash University and ELEOS Justice, on 6 February 2024


2024

NGO report

Drug Offenses


More details See the document

Published in April 2023.

Despite the reduction in the number of executions for drug offences during 2018-2020, a sudden increase in executions was recorded during 2021-2023: at least 131 known executions were recorded for drug offences in 2021, 253 executions in 2022, and 82 executions during the first 3 months of 2023 (Table). However, information concerning the death penalty in Iran is notoriously difficult to obtain because of the secrecy surrounding the country’s criminal justice process. This note provides a rare glimpse into the application of capital drug laws in the Islamic Republic of Iran. It exposes the idiosyncratic practices of the judiciary and its decision-making, using cases concerning the death penalty for drug offences—its imposition prohibited long under international standards. These judgments repeatedly use the language of ‘certainty’ in convicting the accused. In reality, to those familiar with basic fair trial standards, they raise serious concerns about miscarriages of justice that could potentially result in the erosion of legitimacy of the criminal ‘justice’ system in Iran.

  • Document type NGO report
  • Themes list Drug Offenses
Americans for Democracy and Human Rights in Bahrain

Member(s)

Americans for Democracy and Human Rights in Bahrain

on 7 January 2022

Americans for Democracy & Human Rights in Bahrain (ADHRB) fosters awareness of and support for democracy and human rights in Bahrain and Gulf Cooperation Council Countries (GCC). ADHRB has launched an Anti-Death Penalty Campaign during the summer of 2020 which involved local, national, and international engagements to advocate and lobby for the abolition of the […]

2022

Bahrain

Document(s)

Amnesty International Global Report : Death Sentences and Executions 2022

By Amnesty International, on 16 May 2023


2023

NGO report

aresfrzh-hant
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2022. Amnesty International reports only on executions, death sentences and other aspects of the use of the death penalty, such as commutations and exonerations, where there is reasonable confirmation. In many countries governments do not publish information on their use of the death penalty.

Document(s)

MOBILIZATION KIT World Day Against the Death Penalty 2024 – 2025 Security and the death penalty

By World coalition against the death penalty, on 12 June 2024


2024

Campaigning

World Coalition

fr
More details Download [ pdf - 2534 Ko ]

Document(s)

Prison Conditions in Jamaica

on 19 April 2011


2011

NGO report

Death Row Conditions 

Jamaica


More details Download [ pdf - 396 Ko ]

In criminal justice matters, Jamaica has been rightly praised for its de-facto abolitionist
stance on the death penalty: nobody has been executed on the island since 1988.
However, the alternative to death is imprisonment. For many years, NGOs, the UN
Human Rights Committee, the Inter-American Commission on Human Rights, and
various independent and internal reports have expressed serious concern about the
conditions in which Jamaica detains its prisoners.

  • Document type NGO report
  • Countries list Jamaica
  • Themes list Death Row Conditions 
Iran's flag

Article(s)

Statement of international solidarity with the families of people sentenced to death in Iran

By The World Coalition Against the Death Penalty, on 15 September 2022

The World Coalition Against the Death Penalty express its solidarity with the families and relatives of people who are sentenced to death in Iran and with the civil society organizations supporting them.

2022

Iran (Islamic Republic of)

Article(s)

Follow-up to the initiative on the conditions of detention and treatment of death row prisoners

By Nordine Drici (Planète Réfugiés) & Sandrine Ageorges-Skinner (ECPM), on 10 June 2019

PRDH, in partnership with ECPM and the University of Grenoble-Alpes, organized a side event on the conditions of detention and treatment of death row prisoners worldwide during the 7th World Congress against the Death Penalty in Brussels (27 February – 1 March 2019) which provided food for thought and some areas of work thanks to the presence of some thirty participants working in more than 10 countries in Africa, Asia, Europe and Latin America. The results of these discussions are shared in this article.

2019

Document(s)

Malawi – Committee on the Elimination of Discrimination Against Women – Death Penalty – January 2022

on 31 January 2022


2022

NGO report

World Coalition

Malawi

Women


More details Download [ pdf - 311 Ko ]

Detention conditions for women in Malawi are crowded, and women in prisons are not given adequate food and nutrition. Specifically, many prisons only serve people with one meal a day, often consisting of a maize meal (nsima) and peas or beans. Overcrowded conditions are a particular concern during the COVID-19 pandemic, when risk of transmission of the disease is high. Prison conditions in Malawi amount to inhuman and degrading treatment.

Women in death penalty proceedings in Malawi lack access to qualified legal representation. Defense advocates in Malawi who are assigned to capital cases often lack relevant experience. In at least one case, a lawyer failed to raise the complete defense of self-defense in representing a woman who killed her husband as a result of a long history of domestic abuse. Had the defense been raised, it is possible that the woman would not have been sentenced to death. Moreover, women from poor and marginalized communities are disproportionately affected by the death penalty because when they are accused of crimes, they are often unable to understand the charges against them because they are illiterate and cannot read the complaint against them. They are also unable to retain private counsel.

Women who face extensive gender-based violence are disproportionately affected by the death penalty in Malawi, including those who seek to protect themselves against their abusers. Long histories of gender-based violence can result in complex trauma and can exacerbate psycho-social or intellectual disabilities, yet sentencing courts fail to take these nefarious effects into account as factors in mitigation of a death sentence.

  • Document type NGO report / World Coalition
  • Countries list Malawi
  • Themes list Women

Document(s)

How to Insert Gender issues in Abolitionist Advocacy?

By World Coalition against the Death Penalty, on 1 August 2023


2023

Lobbying

Gender

fr
More details Download [ pdf - 710 Ko ]

This tool was developed by the World Coalition Against the Death Penalty (World Coalition) in partnership with the Advocates for Human Rights (TAHR), after noting the limited integration of gender issues into the abolitionist advocacy of the World Coalition’s member organizations. This tool has also been edited and enrichened by the World Coalition’s Gender Working Group.
As part of the “Leave No Woman Behind on Death Row” project, this tool aims to assist World Coalition members and partners in implementing gender-sensitive abolitionist advocacy.
In this document, intended to be a practical tool, guidance is provided on how to incorporate gender-specific recommendations into abolitionist advocacy with human rights bodies. This tool focuses recommendations made by civil society organizations (CSOs) to international and regional human rights bodies, intended to encourage national authorities to act in a certain way. Human rights mechanisms and bodies serve as crucial actors in legitimizing and supporting CSOs work on the ground. A recommendation made by a CSO can, in turn, be accepted by a human rights special mechanism and be transformed into an official recommendation to the State. From there, CSOs can continue to use this official recommendation in their national advocacy to strengthen their claim and position, fulfilling a virtuous circle in advocacy work.
In this document, the recommendations made are done pending full abolition of the death penalty. They are seen as transitional steps towards full abolition of the death penalty in law and in practice.
This tool is divided into two sections. The first part focuses on how to increase visibility of the discrimination faced by women in the judicial process leading to the death penalty. The second part focuses on the discrimination faced by LGBTQIA+ people during the same judicial process. In both sections, definitions are provided as well as background information in order to understand the issues at stake in each of the themes.

Document(s)

ULUSLARARASI AF ÖRGÜTÜ KÜRESEL RAPORU ÖLÜM CEZALARI VE İNFAZLAR 2022

By ULUSLARARASI AF ÖRGÜTÜ, on 16 May 2023


2023

NGO report


More details See the document

Bu rapor, Ocak-Aralık 2022 dönemi için ölüm cezasının adli kullanımını kapsamaktadır. Uluslararası Af Örgütü yalnızca infazlar, ölüm cezaları ve ölüm cezasının kullanımına ilişkin diğer hususlar (cezanın hafifletilmesi ve beraat gibi) hakkında makul teyitlerin olduğu durumlarda raporlama yapmaktadır. Birçok ülkede hükümetler ölüm cezasının kullanımına ilişkin bilgi yayınlamamaktadır.

  • Document type NGO report

Document(s)

Migratory dependency and the death penalty: Foreign nationals facing capital punishment in the Gulf

By Lucy Harry, Carolyn Hoyle , and Jocelyn Hutton Death Penalty Research Unit, Centre for Criminology, University of Oxford, on 30 January 2024


2024

Academic Article

Jordan

Kuwait

Lebanon

Qatar

Saudi Arabia

United Arab Emirates


More details See the document

Published on July 2, 2023

This article focuses on the cases of 664 foreign nationals, the majority of whom are migrant workers, under sentence of death across the Gulf states (including Jordan and Lebanon) between 2016 and 2021. The features of these cases suggest that they are inextricably linked to migrant workers’ dependency under the kafala system, with examples of migrants duped into smuggling drugs across the border by their migrant broker, and once in country, accounts of violent altercations due to disputes about exit visas, and in the case of migrant domestic workers, self-defence against sexual violence. Engaging with the burgeoning literature on immigration, exploitation and criminalisation, as well as scholarship on capital punishment, this article will explore the multiple and unique layers of dependency fostered by the kafala system that place migrant workers at higher risk of the death penalty in these Gulf jurisdictions.

  • Document type Academic Article
  • Countries list Jordan / Kuwait / Lebanon / Qatar / Saudi Arabia / United Arab Emirates

Document(s)

Death by Design: Part 2

By The Wren Collective, on 23 January 2024


2024

NGO report

Legal Representation

United States


More details See the document

Published in December 2023.

In “Death by Design” Parts 1 and 2, Wren investigated the state of court-appointed capital representation in Harris County—the death penalty capital of the world. The second report examines why that poor representation has thrived, and the ways that the judges overseeing those cases have enabled it to continue that way.

Wren recommends a total overhaul to the system of capital representation for poor defendants in Harris County, with either the public defender absorbing those cases or the judges establishing a new, freestanding capital public defender that is independent from judicial oversight.

  • Document type NGO report
  • Countries list United States
  • Themes list Legal Representation

Document(s)

Mobilization Kit World Day 2023

By World coalition against the death penalty, on 12 June 2023


2023

Campaigning

World Coalition

fr
More details Download [ pdf - 864 Ko ]

For the 21th year in a row, the World Coalition Against the Death Penalty is calling for local initiatives and world-wide actions that shine a spotlight on the abolition of the death penalty. The goal of this Mobilization Kit is to inform of this year’s objectives as well provide ideas of activities that boost the global abolitionist goal. This year’s World Day is dedicated to people who, during the process of being sentenced to death, or following the sentence of their death, have been victims of torture.

Page(s)

About the Library

on 4 December 2020

For a resource to be placed in the library, two main criteria need to be satisfied. Firstly, the resource needs to be substantially based on the death penalty or shed light on a particular issue relevant to the death penalty.Secondly, the resources need to be published after the year 2000, to ensure that only the […]

2020

Philipines flag

Article(s)

Adoption of Bill Allowing the Imposition of the Death Penalty for a New Crime.

By Grace Keane O'Connor , on 30 April 2021

Philippine House Bill No. 7814 provides the death penalty for a new crime under the 2002 Comprehensive Dangerous Drugs Act.

2021

Drug Offenses

Philippines

eminar June, 2023 in Nairobi, Kenya

Article(s)

East African Seminar on Best Practices in Kenya: A Key Gathering for the Abolitionist Movement on the Continent

By Wendy Adouki, World Coalition Against the Death Penalty, on 15 August 2023

A privileged moment to exchange on the different abolitionist dynamics in Africa As part of the Africabolition project, the World Coalition Against the Death Penalty (World Coalition) and FIACAT (the International Federation of ACATS) organized a seminar for English-speaking African members from 19-26 June, 2023 in Nairobi, Kenya.

2023

Kenya

Trend Towards Abolition

Member(s)

Act for Human Rights (ALEF)

on 30 April 2020

Act for Human Rights previously know as “Association libanaise pour l’éducation et la formation” core mandate is Monitoring and Advocacy. Its main concern are Human Rights issues, thus the organization has been advocating against death penalty. Currently our project activities are the following: Death Penalty Abolition Activities in Lebanon- ALEF – act for human rights […]

2020

Lebanon

International Symposium on the Right to Life in Taiwan

Article(s)

International Symposium on the Right to Life in Taiwan

By Taiwan Alliance to End the Death Penalty (TAEDP), on 12 January 2024

The Taiwan Alliance to End the Death Penalty (TAEDP) held a series of events including an international seminar, prison visit, and meetings that took place from 19-22 September 2023 to celebrate its 20th anniversary.

2024

Cruel, Inhuman and Degrading Treatment and Punishment

Death Row Conditions 

India

Taiwan

Live Facebook

Article(s)

UPR 36th Session Debriefed on Facebook Live

By Louis Linel, on 17 November 2020

As the 36th session of the Universal Periodic Review (UPR) was being held under the auspices of the UN Human Rights Council from 02 to 13 November, the Advocates for Human Rights, a member organization of the World Coalition, facilitated Facebook live debriefings to cover the review of States that have not yet abolished capital […]

2020

Belarus

Jamaica

Liberia

Libya

Malawi

Maldives

United States

Article(s)

Groundbreaking Survey Reveals Iranians’ Attitudes Towards the Death Penalty

By GAMAAN Institute / World Coalition Against the Death Penalty, on 23 October 2020

This survey, conducted by the GAMAAN Institute between the 3rd and the 11th of September 2020, includes responses from about twenty thousand people living inside Iran.

2020

Iran (Islamic Republic of)

Public Opinion 

EN-8-pages-WEB-1.pdf

on 8 September 2020

2020

FR-8-pages-WEB-2-1.pdf

on 8 September 2020

World Coalition Against the Death Penalyt

Article(s)

Plans to carry out arbitrary executions in Myanmar must halt immediately

By World Coalition Against the Death Penalty , on 23 June 2022

The undersigned organizations are gravely concerned at the recent announcement by the military authorities of Myanmar that the death sentences imposed on four people after grossly unfair proceedings have been approved for implementation.

2022

Cruel, Inhuman and Degrading Treatment and Punishment

Fair Trial

Legal Representation

Myanmar

Document(s)

Mobilization Kit World Day 2022

By the World Coalition Against the Death Penalty, on 9 June 2022


2022

World Coalition

fr
More details Download [ pdf - 892 Ko ]

For the 20th year in a row, the World Coalition Against the Death Penalty is calling for local initiatives and world-wide actions that shine a spotlight on the abolition of the death penalty. The goal of this Mobilization Kit is to inform of this year’s objectives as well provide ideas of activities that boost the global abolitionist goal. This year’s World Day is dedicated to people who, during the process of being sentenced to death, or following the sentence of their death, have been victims of torture.

unnamed-file-1.pdf-1.pdf

on 8 September 2020

2020

Document(s)

Cameroon – Committee to Eliminate Racial Discrimination – Death Penalty – March 2020

By RACOPEM, ACAT Cameroun, on 21 March 2020


2020

NGO report

World Coalition

Cameroon


More details Download [ pdf - 1898 Ko ]

This report addresses Cameroon’s compliance with human rights obligations under the Convention on the Elimination of All Forms of Racial Discrimination, particularly with respect to the imposition of the death penalty against Anglophone Cameroonians.

By way of background, the Anglophone crisis in Cameroon began in 2016 as peaceful protests by lawyers and teachers demanding linguistic reforms but rapidly escalated into a war of secession that has killed thousands of people and displaced over one million.

The Cameroonian Criminal Code adopted in 2016 allows for the death penalty, including for vaguely defined terrorism-related offences. In this regard, the Anti-Terrorism Law of 2014 has been used to prosecute Anglophone human rights activists before military courts for acts of terrorism, secession, rebellion, and spreading false news, with the death penalty as a potential sentence in such cases.

While Cameroon ratified the International Covenant on Civil and Political Rights (ICCPR) in 1984, it has yet to ratify its Second Optional Protocol aiming at the abolition of the death penalty (ICCPR-OP2). Although no execution has taken place in Cameroon since 1997, civil society organizations estimate that 220 people currently are under sentence of death in Cameroon.

As discussed below, Cameroon fails to uphold its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination because its domestic law and institutional and political framework do not sufficiently protect Anglophones facing the death penalty.

  • Document type NGO report / World Coalition
  • Countries list Cameroon

Document(s)

Deathworthy: a mental health perspective of the death penalty

By Project 39A, on 7 October 2021


2021

Academic report

India

Mental Illness


More details See the document

A first of its kind report, Deathworthy, presents empirical data on mental illness and intellectual disability among death row prisoners in India and the psychological consequences of living on death row. The report finds that an overwhelming majority of death row prisoners interviewed (62.2%) had a mental illness and 11% had intellectual disability. The proportion of persons with mental illness and intellectual disability on death row is overwhelmingly higher than the proportion in the community population. The report also establishes correlations between conditions of death row incarceration and mental illness and ill-health. Led and conceptualised by Maitreyi Misra (Head, Mental Health and Criminal Justice, Project 39A, National Law University Delhi), the study was conducted under the guidance of Dr. Pratima Murthy (Director, NIMHANS), Dr Sanjeev Jain (Senior Professor, Deptt of Psychiatry, NIMHANS) and Dr Gitanjali Narayanan (Associate Professor, Deptt of Psychology, NIMHANS).

  • Document type Academic report
  • Countries list India
  • Themes list Mental Illness

Document(s)

The Culture of Capital Punishment in Japan

By David T. Johnson, on 4 July 2020


2020

Academic report

Japan


More details See the document

Japan retains the death penalty for three main reasons: because it missed a major opportunity for abolition in the postwar Occupation, because of the long hegemony of the (conservative) Liberal Democratic Party, and because (like the United States and China) it has sufficient size, economic influence, and political clout to enable it to defy human rights norms. Capital punishment also persists in Japan because it performs welcome functions for politicians, prosecutors, media, and the public.
Despite widespread belief to the contrary, capital punishment in Japan does not deter homicide better than long terms of imprisonment do.

  • Document type Academic report
  • Countries list Japan

Document(s)

Kenya – Committee Against Torture – Death Penalty – March 2022

on 18 March 2022


2022

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment


More details Download [ pdf - 393 Ko ]

Kenya has not carried out any executions since the late 1980s. Nonetheless, Kenya continues to hand down the death penalty as a sentence in criminal cases. Accordingly, this report recommends that the Committee Against Torture recommend that Kenya formally abolish the death penalty, commute the sentences of all persons on death row, and revise laws to remove capital punishment from the list of principal sentences. Kenya should further take steps to prohibit introduction of evidence obtained through torture and ill-treatment in criminal proceedings and to ensure that all persons at risk of being sentenced to death have access to well-qualified legal counsel with adequate funding for a thorough pre-trial investigation. Kenya should ensure that no person is removed to a country where they may be at risk of being sentenced to death, and should take concrete steps to ensure that conditions of detention for persons under sentence of death comply with the Nelson Mandela Rules.

  • Document type NGO report / World Coalition
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment

Document(s)

REPORT WORLD DAY AGAINST THE DEATH PENALTY 2023

By world coalition against the death penalty, on 7 June 2024


2024

NGO report

Death Row Conditions 

Fair Trial

fr
More details Download [ pdf - 1029 Ko ]

Article(s)

Internship opportunity at Centre on the Death Penalty, NLU Delhi

By NLU Delhi, on 1 April 2016

The Centre on the Death Penalty is keen to develop a robust and rewarding internship programme that will provide meaningful exposure to the complexities and nuances, in particular, of the administration of the death penalty and the criminal justice system in India more generally, therefore the centre introduces internship program where they accept interns on rolling basis.

2016

India

Document(s)

The Death Penalty in Kenya: A Punishment that has Died Out in Practice, Part One – A Public Ready to Accept Abolition

on 15 June 2022


2022

NGO report

Kenya

Public Opinion 


More details See the document

In 2021, The Death Penalty Project and the Kenya National Commission on Human Rights, in partnership with the Australian National University commissioned Prof. Carolyn Hoyle, Director of The Death Penalty Research Unit, at the University of Oxford, to undertake research in order to provide accurate data on attitudes towards the death penalty in Kenya and facilitate a constructive conversation on the future of capital punishment. The research examined the views of both the general public in Kenya and also opinion formers, those considered influential in shaping, and responding to, national views.

Key findings:

– 40% in favour of abolishing the death penalty, 10% did not know either way
– 51% in favour of retaining the death penalty, only 32% strongly in favour
– Those against the death penalty believed that criminals deserved the opportunity for rehabilitation.
– Knowledge of the death penalty appears to be limited, just 66% were aware Kenya retains the death penalty and just 21% knew no executions had take place in the past 10 years
– The public expressed concerns around the possibility that innocent people could be sentenced to death: 61% of the public – including retentionists – thought that ‘many’ or ‘some’ innocent people have been sentenced to death in Kenya; only 8% thought that ‘no innocent people have been sentenced to death’
– Public support fell from 51% to 31% when considering abolition in the region
59% of the public, who were initially in favour of retention, said that they would accept a new policy of abolition

  • Document type NGO report
  • Countries list Kenya
  • Themes list Public Opinion 
Deathworthy and Trapped Inside reports

Article(s)

Over 8,000 people on death row in South Asia

By Aurelie Placais, staff, on 3 May 2022

With few executions but one of the biggest death rows in the world, South Asia is at a crossroad. Recent publications explore mental health on death row and social and economic background of people sentenced to death in Bangladesh, India, the Maldives, Pakistan and Sri Lanka.

2022

Bangladesh

Death Row Conditions 

India

Maldives

Mental Illness

Pakistan

Sri Lanka

China Death Penalty 2022

Article(s)

The Status Quo of China’s Death Penalty and the Civil Society Abolitionist Movement

By China Against the Death Penalty, on 15 February 2022

Translation of an article on the death penalty in China for the Beijing Olympics 2022, initially published by Taiwan Alliance to End the Death Penalty in October 2021 for World Day.

2022

China

Legal Representation

Are unofficial moratoriums meaningful?

Article(s)

Importance of understanding phases of abolition: the danger of ‘abolitionist in practice’ 

By Venus Aves, Bronwyn Dudley, and Shahindha Ismail, on 6 November 2023

In July 2023, the World Coalition hosted a seminar in Malaysia in the context of its “Countries at Risk” project. This subject of informal moratoriums solicited much interest as participants considered preventative strategies for stopping a return to the death penalty, and what environmental factors need to be considered to implement those strategies. This article […]

2023

Moratorium

88th CEDAW Session

Article(s)

Abolitionist advocacy at the 88th CEDAW Session

on 7 June 2024

The 88th session of the Committee on the Elimination of Discrimination Against Women (CEDAW) was held in Geneva, Switzerland, from May 13 to 31, 2024.

2024

Brazil

Estonia

Gender

Kuwait

Malaysia

Montenegro

Republic of Korea

Rwanda

Singapore

Why is the Death Penalty not the answer to Rape?

Article(s)

Why is the Death Penalty not the answer to Rape?

By Morine Chauvris, on 8 July 2024

Every October 10th, the World Coalition against the death penalty and its members celebrates the World Day against the Death penalty. In 2024 and 2025, the abolitionist movement will focus on challenging the widespread misconception that the death penalty enhances safety for individuals and communities.

2024

Women

19-world-day-against-the-death-penalty-events-map

Article(s)

Take Action for World Day 2023!

By World coalition against the death penalty, on 20 September 2023

Take action now! The 21st World Day Against the Death Penalty is an excellent opportunity to publicly oppose the use of this inhumane punishment and to support those who are fighting for its abolition all over the world.

2023

Cruel, Inhuman and Degrading Treatment and Punishment

World Coalition Against the Death Penalty

Article(s)

China: Judicial guidelines to curtail activism for Taiwan a further blow for human rights protections

By Amnesty International, Anti-Death Penalty Asia Network, Capital Punishment Justice Project, the Rights Practice and the World Coalition Against the Death Penalty, on 1 August 2024

Taken from the declaration posted on Amnesty International’s web page found here.  “Amnesty International and four other organizations are alarmed by the recent publication by the Chinese authorities of new judicial guidelines providing directives to prosecute and harshly punish, including by the death penalty, those advocating and acting for Taiwan’s independence. The guidance effectively encourages […]

2024

China

Article(s)

Saudi Arabian Mass execution of 81 men

By Anissa Aguedal, World Coalition Against the Death Penalty, on 4 April 2022

Saudi Arabia: the largest mass execution in this country in years The kingdom of Saudi Arabia executed 81 men on March 12, 2022, all of whom had been convicted of a wide range of offences, including “terrorism”- related crimes, murder, armed robbery, and arms smuggling. Those put to death included seven Yemenis, one Syrian and […]

2022

Moratorium

Public Opinion 

Saudi Arabia

Article(s)

High-Level Remote Panel on the Moratorium Resolution

By Louis Linel, on 6 November 2020

On 5 November, a webinar gathering high-level panelists was held by Ensemble contre la peine de mort / Together Against the Death Penalty (ECPM) as one of their initiatives for the moratorium campaign. Usually organized in New York, USA on the margins of the United Nations General Assembly (UNGA), the event had to be facilitated […]

2020

Algeria

Belgium

Democratic Republic of the Congo

France

Italy

Moratorium

Morocco

Switzerland

World Coalition Against the Death Penalyt

Article(s)

Joint Open Letter to the Minister of Justice of Malawi on the abolition of the death penalty 

By World Coalition Against the Death Penalty, on 26 July 2024

 Dear Minister of Justice, Honorable Titus Mvalo Ahead of this joint letter, the World Coalition Against the Death Penalty would like to express its deepest condolences to the Government and people of Malawi for the passing of Vice President Mr. Saulos Chilima on 11 June 2024.

2024

Malawi

Document(s)

The Power of Example: Whither The Biden Death Penalty Promise?

on 21 July 2022


2022

NGO report

United States


More details Download [ pdf - 4342 Ko ]

“The President, his administration and Congress must recognize that respect for human dignity and retention of the death penalty are incompatible; that respect for the rule of law must include international human rights law guaranteeing protection of the rights of those facing the death penalty; that upholding universal rights must include upholding the right of everyone to life and freedom from cruel, inhuman or degrading treatment or punishment; and that making international institutions stronger must include implementing the conclusions of UN human rights treaty bodies,”

  • Document type NGO report
  • Countries list United States

Document(s)

The Death Penalty in Bahrain: A system built on torture

on 14 January 2022


2022

NGO report

Bahrain

arfr
More details See the document

Salam for Democracy and Human Rights (Salam DHR)’s report was published on October 10, 2021, to mark the 19th World Day Against the Death Penalty. The Death Penalty in Bahrain: A system built on torture, provides accessible and abridged information regarding the development of the death penalty in Bahrain.

This report examines how executions have expanded in both their criteria and implementation since the Arab Spring in 2011 and how this practice contradicts the Government of Bahrain’s (GoB) promises of reform made following the Bahrain Independent Commission of Inquiry (BICI) that same year. Instead, the Bahraini State continues to rely on confessions coerced under torture and threats as a method of permanently silencing poliIcal prisoners. The nation’s internal mechanisms of accountability have repeatedly proven themselves to be ineffective in remedying this situation and are possibly complicit. Considering these findings, and in support those who have been victimized, Salam DHR officially recommends that the GoB abolishes the death penalty, among other reforms.

Document(s)

The Death Penalty For Drug Offences: Global Overview 2023

By Harm Reduction International, on 28 March 2024


2024

NGO report

Drug Offenses


More details See the document

Published in 2023.

At the end of 2023, 34 countries retained the death for drug offences. In July 2023 Pakistan took the landmark decision to remove the death penalty from the list of punishments that can be imposed for certain violations of its Control of Narcotics Substances Act. This year also saw notable progress in Malaysia, which abolished the mandatory death penalty for all offences, including drug-related ones. This reform may impact the lives of over 700 people on death row for drug offences and bring the country one step closer to total abolition of capital punishment. In stark contrast to these positive developments is the record-high number of drug-related executions in 2023 at least 467. Of those executed, at least 59 people belonged to ethnic minority groups (in Iran and in Singapore), 13 individuals were foreign nationals, and six were women. These figures confirm that these groups are uniquely vulnerable to capital punishment as a tool of drug control. Despite not accounting for the dozens, if not hundreds, of executions believed to have taken place in China, Vietnam, and North Korea, the 467 executions that took place in 2023 represent a 44% increase from 2022.

  • Document type NGO report
  • Themes list Drug Offenses

Member(s)

Ensemble contre la peine de mort (ECPM)

on 30 April 2020

Since 2000, Together against the Death Penalty (Ensemble contre la peine de mort – ECPM) acts to fight against the death penalty around the world. The association promotes the universal abolition through the creation and dissemination of publications and teaching tools, as part of public campaigns and lobbies governments at both national and international levels. […]

2020

France

Document(s)

The Maldives – Committee on the Elimination of Discrimination Against Women – Death Penalty – September 2021

on 20 September 2021


2021

NGO report

World Coalition

Maldives


More details Download [ pdf - 263 Ko ]

The Maldives’ continued use of the death penalty undermines government efforts and commitments to end gender-based discrimination. The death penalty invites discriminatory sentences against women for adultery and other crimes of sexual immorality, as well as for acting as accomplices to murder committed by male counterparts. Capital punishment promotes negative stereotypes about women and reinforces discriminatory gender roles. The possibility of facing the death penalty also discourages human rights defenders from civic engagement on a number of human rights issues, including women’s human rights.

  • Document type NGO report / World Coalition
  • Countries list Maldives

Document(s)

The Death Penalty in Kenya: A Punishment that has Died Out in Practice, Part Two – Overwhelming Support for Abolition Among Opinion Leaders

on 15 June 2022


2022

NGO report

Kenya

Public Opinion 


More details See the document

In 2021, The Death Penalty Project and the Kenya National Commission on Human Rights, in partnership with the Australian National University commissioned Prof. Carolyn Hoyle, Director of The Death Penalty Research Unit, at the University of Oxford, to undertake research in order to provide accurate data on attitudes towards the death penalty in Kenya and facilitate a constructive conversation on the future of capital punishment. The research examined the views of both the general public in Kenya and also opinion formers, those considered influential in shaping, and responding to, national views.

Key findings :

– The vast majority of opinion formers that took part in the interviews were in favour of abolishing the death penalty.
– 90% of opinion formers were in favour of abolishing the death penalty
– 82% of opinion formers were strongly in favour of of abolishing the death penalty
– Most of the opinion formers interviewed were very well informed on the administration of the death penalty in Kenya.
– Across both groups there were concerns around the possibility that innocent people could be sentenced to death.
– 88% of opinion formers believe wrongful convictions occur fairly regularly
– 93% of opinion formers thought Kenya should be influenced by high rates of abolition around the world
– Opinion formers believed that 75% of the public would accept abolition of the death penalty, despite initial reservations.

  • Document type NGO report
  • Countries list Kenya
  • Themes list Public Opinion 

Document(s)

Lebanon – Committee on the Elimination of Discrimination Against Women – Death Penalty

on 12 January 2022


2022

NGO report

World Coalition

Lebanon

Women


More details Download [ pdf - 1599 Ko ]

This report addresses Lebanon’s compliance with human rights obligations under the Convention on the Elimination of All Forms of Discrimination Against Women regarding its use of the death penalty.

Lebanon has not abolished the death penalty or established a de jure moratorium on the death penalty. The legal system does not protect women in conflict with the law from discrimination on the basis of sex or gender. Nor does it limit capital offenses to the “most serious” crimes.

Women migrant domestic workers appear to be at an elevated risk of being sentenced to death. Indeed, all three women known to be on death row in Lebanon are Sri Lankan migrant domestic workers. Such women face heightened obstacles to realizing their right to a fair trial. Moreover, there is no evidence that sentencing authorities take into account a woman’s history of abuse when determining an appropriate sentence. Finally, women under sentence of death face degrading conditions of detention.

  • Document type NGO report / World Coalition
  • Countries list Lebanon
  • Themes list Women

Member(s)

Bahrain Human Rights Society

on 30 April 2020

The Bahrain Human Rights Society is a non-governmental organization established in May 2001 and is registered with the Ministry of Social Development in the Kingdom of Bahrain under registration No. ( /ج/ت.ث 142). The Society was the first licensed society in the Kingdom of Bahrain specializing in the field of human rights. The Society seeks […]

2020

Bahrain

Document(s)

Explaining the Invidious: How Race Influences Capital Punishment in America

By Sheri Lynn Johnson, James and Mark Flanagan, Cornell Law School, on 1 September 2022


2022

Academic report

United States


More details See the document

This article primarily focuses on how racial bias creates nearly ubiquitous racial disparities in the imposition of the death penalty; it does so both to amass further reasons McCleskey was wrongly decided, and to point the way forward. Part I provides the necessary foundation by summarizing the history of race and the death penalty in the United States, with a focus on the Supreme Court’s treatment of racial discrimination claims in capital sentencing. Part II, the heart of this Article, examines the multiple psychological mechanisms that create racially biased decision making in capital cases. Understanding those mechanisms further undercuts the Supreme Court’s reasoning in McCleskey and argues for overturning the holding. However, recognizing the reluctance with which today’s Court would view overturning McCleskey, Part III considers whether and how alternative, case-specific uses of the data described in Part II might ameliorate the influence of racial bias in capital sentencing.

  • Document type Academic report
  • Countries list United States