Your search “Keep the Death Penalty Abolished fin the Philippfines ”

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Document(s)

Death Penalty in the OSCE Area: Background Paper 2021

By Organization for Security and Co-operation in Europe (OSCE) , on 14 January 2022


2022

Regional body report

Belarus

United States


More details See the document

This paper updates The Death Penalty in the OSCE Area: Background Paper 2020. It is intended to provide a concise update to highlight changes in the status of the death penalty in OSCE participating States since the previous publication and to promote constructive discussion of the issue. It covers the period from 1 April 2020 to 31 March 2021. Special Focus: The road to abolition in selected OSCE participating States

  • Document type Regional body report
  • Countries list Belarus / United States

Document(s)

The Death Penalty in the OSCE Area: Background Paper 2020

By Organization for Security and Co-operation in Europe (OSCE), on 9 October 2020


2020

Regional body report

Belarus

United States

ru
More details See the document

This paper updates The Death Penalty in the OSCE Area: Background Paper 2019. It is intended to provide a concise update to highlight changes in the status of the death penalty in OSCE participating States since the previous publication and to promote constructive discussion of the issue. It covers the period from 1 April 2019 to 31 March 2020. Special Focus: Is the death penalty inherently arbitrary?

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)

The Death Penalty in 2021: Year End Report

By Death Penalty Information Center, on 14 January 2022


2022

NGO report

United States


More details See the document

The death penalty in the USA in 2021 was defined by two competing forces: the continuing long-term erosion of capital punishment across most of the country, and extreme conduct by a dwindling number of outlier jurisdictions to continue to pursue death sentences and executions.

  • Document type NGO report
  • Countries list United States

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.

Document(s)

Defending Women and Transgender Persons Facing Extreme Sentences: A Practical Guide

on 14 January 2022


2022

Legal Representation

Legal Representation

Women

fr
More details See the document

Written by a team including experts in the fields of capital defense, gender rights, gender-sensitive mitigation and the rights of transgender persons, the guide includes sections on gender-based violence, women’s mental health, prison conditions, discrimination in the legal system, working with the media, and how to build a gender-sensitive team. It also includes a step-by-step gender-sensitive interview protocol that builds on resources developed by the anti-violence community and is tailored to the needs of defense teams.

Document(s)

2021 OHCHR Report on Deterrence: High-level panel discussion on the question of the death penalty

By Office of the High Commissioner for Human Rights (OHCHR), on 14 January 2022


United Nations report

Public Opinion 

aresfrruzh-hant
More details See the document

The present report is submitted pursuant to Human Rights Council resolutions 26/2 and 42/24. It provides a summary of the high-level panel discussion on the question of the death penalty held on 23 February 2021 at the forty-sixth session of the Council. The panel discussion addressed the human rights violations related to the use of the death penalty, in particular with respect to whether the use of the death penalty has a deterrent effect on crime rates.

Document(s)

2020 Activity Report

By World Coalition Against the Death Penalty, on 9 September 2021


2021

World Coalition

fr
More details Download [ pdf - 496 Ko ]

Activity Report of the World Coalition Against the Death Penalty for 2020, as adopted by its General Assembly on 18 June 2021

Document(s)

State-Sanctioned Killing of Sexual Minorities: Looking Beyond the Death Penalty

By Mai Sato, Christopher Alexander - Eleos Justice and Capital Punishment Justice Project, Monash University, on 10 August 2021


2021

Academic report

Australia

Cruel, Inhuman and Degrading Treatment and Punishment


More details See the document

This report examines the extent to which states sanction the killing of sexual minorities. It looks beyond those countries that impose the death penalty for same-sex intimacy to the far greater number of countries in which state actors commission, condone, endorse and enable such killings.
He argues that the state-sanctioned killing of sexual minorities is often perpetrated well beyond the boundaries of the law, and even in countries that do not criminalise such conduct.

  • Document type Academic report
  • Countries list Australia
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment

Document(s)

Death in the time of Covid-19: Efforts to restore the death penalty in the Philippines

By Jose M.Jose and Maria Corazon A.De Ungria, on 10 August 2021


Academic report

Drug Offenses

Philippines


More details See the document

The Philippine Congress recently passed a bill amending the Dangerous Drugs Act of 2002 and reimposing the penalty of life imprisonment to death for specific-drug related offenses. House Bill No. 7814 also allows the presumption of guilt in certain drug-related crimes unless otherwise proven, thereby overturning the long-standing constitutional presumption of innocence.

The bill has been sent to the Senate for its concurrence and could only be several steps away before being signed into law by President Rodrigo R. Duterte. This paper discusses the ramifications of the new bill and the questioned timeliness of its passage when the country continues to have a large and overcrowded prison population and a significant number of deaths due to SARS-CoV-2 in Southeast Asia.

The government’s lapses in following the 2021 national vaccination plan became apparent in the 31 March 2021 assessment made by the congressional health panel on the government’s response to the pandemic.

From the authors’ perspective, the urgency of using the country’s limited resources to help medical frontliners and local government units prevent further infections and save lives should have outweighed the efforts exerted to pass a law that legalized the death penalty for the third time in the Philippines.

  • Document type Academic report
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Investigating Attitudes to the Death Penalty in Indonesia

By Carolyn Hoyle - The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, on 10 August 2021


NGO report

Drug Offenses

Indonesia

Public Opinion 


More details See the document

In 2019-20, The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, commissioned Professor Carolyn Hoyle, of The Death Penalty Research Unit at the University of Oxford to conduct research investigating attitudes towards the death penalty in Indonesia.
The findings have been presented in a two-part report; the first details the findings of a nuanced public survey and the second details the findings of interviews conducted with opinion formers.

  • Document type NGO report
  • Countries list Indonesia
  • Themes list Drug Offenses / Public Opinion 

Document(s)

The war on drugs, forensic science and the death penalty in the Philippines

By Maria Corazon A.De Ungria and Jose M.Jose, on 10 August 2021


Academic report

Drug Offenses

Philippines


More details See the document

The effectiveness of the death penalty to deter heinous crimes remains a contentious issue even though it has been abolished in many countries. Three years into President Rodrigo Duterte’s administration, the push to re-impose the death penalty is being taken seriously.

There is urgency in providing options to the drug problem other than killing drug suspects in the streets or sentencing them to death. The drug problem is a complex issue and exposes the human vulnerability of its users for criminal exploitation.

We propose here that addressing these vulnerabilities in a balanced and comprehensive manner through health-focused, rights-based criminal justice responses, conducting forensic science-based drug investigations and determining the social causes of drug abuse is an alternative solution that demands cooperation across different sectors of society as well as underscores the fundamental value of human life.

  • Document type Academic report
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Addressing the Gender Dimension of the Death Penalty: Coaction Between Parliamentarians and Civil Society

By World Coalition Against the Death Penalty, on 10 September 2021


2021

Working with...

Women

fr
More details Download [ pdf - 311 Ko ]

Created on the occasion of the 19th World Day Against the Death Penalty (10/10/21), this tool’s aim is to provide practical advice and concrete suggestions to civil society organizations who wish/ are already collaborating with parliamentarians to end the death penalty and bring attention to women sentenced to death.

Document(s)

The death penalty in Egypt: Ten year after the uprising

By Jeed Basyouni - Reprieve, on 10 August 2021


2021

NGO report

Cruel, Inhuman and Degrading Treatment and Punishment

Death Row Conditions 

Egypt

Fair Trial


More details See the document

Reprieve wrote this report about the use of the death penalty in Egypt.

  • Document type NGO report
  • Countries list Egypt
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions  / Fair Trial

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)

Bylaws 2021

By World Coalition Against the Death Penalty, on 9 September 2021


2021

World Coalition

fr
More details Download [ pdf - 97 Ko ]

Bylaws of the World Coalition Against the Death Penalty As Amended by the 18 June 2021 General Assembly

  • Document type World Coalition
  • Available languages Statuts 2021

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By United Nations , on 26 May 2021


2021

United Nations report

aresfrruzh-hant
More details See the document

Summary

In its resolution 1745 (LIV) of 16 May 1973, the Economic and Social Council invited the Secretary-General to submit to it, at five-year intervals starting from 1975, periodic updated and analytical reports on capital punishment. The Council, in its resolution 1995/57 of 28 July 1995, recommended that the quinquennial reports of the Secretary-General continue to cover also the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty.

In the same resolution, the Council requested the Secretary-General, in preparing the quinquennial report, to draw on all available data, including current criminological research. The present report, which is the tenth quinquennial report, contains a review of the use of and trends in capital punishment, including the implementa tion of the safeguards during the period 2014–2018.

In accordance with resolutions 1745 (LIV) and 1990/51, of 24 July 1990, of the Economic and Social Council, as well as its decision 2005/247 of 22 July 2005, the present report is submitted to the Council at its substantive session of 2020, and will also be before the Commission on Crime Prevention and Criminal Justice at its twenty-ninth session and the Human Rights Council at its forty-fourth regular session.

The report on the 2014–2018 quinquennium confirms the trend documented in previous reports towards abolition and restriction of the use of capital punishment in most countries. The number of States that have abolished the death penalty in law and in practice continued to grow. This is reflected in the increased number of States bound by treaty obligations not to implement the death penalty. The quinquennium also witnessed some years of dramatic increases in the number of executions, which were carried out by a small number of States. The situation stabilized at the end of the survey period, and the number of recorded executions in the final year, 2018, was the lowest in many years. The safeguards guaranteeing the protection of the rights of those facing the death penalty apply to States that retain capital punishment. It is of concern, however, that the death penalty continued to be imposed on persons below 18 years of age at the time of commission of the offence, and that death sentences were imposed in cases where the “most serious crimes” standard was not met and in cases of trials that did not comply with international standards.

Document(s)

Isolation and desolation conditions of detention of people sentenced to death Malaysia

By Carole Berrih, Ngeow Chow Ying, ECPM, ADPAN, on 27 May 2021


2021

NGO report

Death Row Conditions 

Malaysia

fr
More details See the document

Isolation and Desolation – Conditions of Detention of People Sentenced to Death in Malaysia is the first ever fact-finding mission report on the conditions of detention of death row prisoners in Malaysia.

It examines the use of death penalty in Malaysia as well as the actual situation of people on death row.

This report is not meant to point fingers but rather to put the facts on the table in a transparent manner and work from there. It is mainly an advocacy tool for all abolitionist stakeholders, from civil society actors to the parliamentarians who will keep fighting for the abolition of the death penalty.

Document(s)

Annual report on the death penalty in Iran 2020

By Iran Human Rights (IHR), ECPM (Together Against the Death Penalty), on 4 May 2021


2021

NGO report

Iran (Islamic Republic of)

fa
More details See the document

The 13th annual report on the death penalty by Iran Human Rights (IHR) and ECPM (Together Against the Death Penalty) provides an assessment and analysis of the death penalty trends in 2020 in the Islamic Republic of Iran.

Document(s)

Right Here, Right Now Life Stories from America’s Death Row

By Lynden Harris, on 10 August 2021


2021

Book

Death Row Conditions 

United States


More details See the document

Upon receiving his execution date, one of the thousands of men living on death row in the United States had an epiphany: “All there ever is, is this moment. You, me, all of us, right here, right now, this minute, that’s love.”

Right Here, Right Now collects the powerful, first-person stories of dozens of men on death rows across the country. From childhood experiences living with poverty, hunger, and violence to mental illness and police misconduct to coming to terms with their executions, these men outline their struggle to maintain their connection to society and sustain the humanity that incarceration and its daily insults attempt to extinguish.

By offering their hopes, dreams, aspirations, fears, failures, and wounds, the men challenge us to reconsider whether our current justice system offers actual justice or simply perpetuates the social injustices that obscure our shared humanity.

  • Document type Book
  • Countries list United States
  • Themes list Death Row Conditions 

Document(s)

Advisory on the Increased Vulnerabilty of Women Migrant Workers on Death Row

By Commission on Human Rights of the Philippines, on 3 December 2021


2021

Government body report

Drug Offenses

Legal Representation

Philippines

Women

fr
More details Download [ pdf - 1457 Ko ]

The Commission on Human Rights of the Philippines issues this advisory to bring the Philippines’ attention to the heightened vulnerabilities of women Overseas Filipino Workers (OFWs).

Document(s)

Capital Punishment, 2019 – Statistical Tables

By U.S. Department of Justice Tracy L. Snell, on 10 August 2021


2021

Government body report

Death Row Conditions 

Drug Offenses

United States


More details See the document

This report presents statistics on persons who were under sentence of death or were executed in 2019

  • Document type Government body report
  • Countries list United States
  • Themes list Death Row Conditions  / Drug Offenses

Document(s)

Issues and recommendations to raise with the government of Malawi

By Reprieve, Sant'egidio, WCADP, on 27 May 2021


2021

NGO report

Malawi


More details Download [ pdf - 265 Ko ]

Overview

This document has been prepared by the Community of Sant’Egidio, Reprieve and the World Coalition Against the Death Penalty to assist the Commissioners ahead of the 2nd/3rd periodic report of the Government of Malawi that covers the reporting period of 2015-2019.

  • Document type NGO report
  • Countries list Malawi

Document(s)

Death Penalty For Drug Offences: Global Overview 2020

By Harm Reduction International (HRI), on 4 May 2021


2021

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 tenth 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.

  • Document type NGO report
  • Themes list Drug Offenses

Document(s)

Death sentences and executions 2020

By Amnesty International , on 26 May 2021


2021

NGO report

aresfafrru
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2020. As in previous years, information is collected from a variety of sources, including:
– official figures;
– judgements;
– information from individuals sentenced to death and their families and representatives;
– media reports;
– and, for a limited number of countries, other civil society organizations.

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. In China and Viet Nam, data on the use of the death penalty is classified as a state secret. During 2020 little or no information was available on some countries – in particular Laos and North Korea (Democratic People’s Republic of Korea) – due to restrictive state practice.

Document(s)

The death penalty in the Arab world: Study on the death penalty in some Arab countries

By Arab Penal Reform Organization APRO, on 1 January 2007


2007

NGO report

ar
More details See the document

The essence of the death penalty is the eradication of life for the condemned. Death penalty was a common practice in ancient heavenly religions, especially in times dominated by the idea of religious revenge. Additionally, it was implemented in a brutal and cruel way accompanied by terrible methods of torture. The death penalty has not been controversial in the old legislation; it has been recognized by scholars without attempting to justify it, as governors and legislators apply it without resistance from thinkers and philosophers. In the modern era, controversy has arisen about the feasibility and legality of the death penalty as a form of social reaction to the offender. The eighteenth century is marked by philosophical ideas which attacked the prevailing penal systems, as studies and research have appeared on the social and anthropological causes of crime. Thus, two intellectual trends have appeared on the horizon: those in favor of retaining the death penalty, and those demanding its abolishment. Each trend has its reasons and pretexts supporting their thoughts concerning the death penalty. Hence, the study analyses and examines “The Death Penalty in the Arab World” through a series of distinctive research methods, addressing the death penalty in ten Arab countries. The following is presented according to a signal research plan that includes: crimes punishable by death, and procedural guarantees on the death penalty and its adequacy, as well as putting forward many proposals and recommendations on the abolishment of the death penalty. This study includes the death penalty in ten Arab countries: Bahrain – Egypt – Jordan – Iraq – Lebanon- Morocco- Palestine – Saudi Arabia – Syria- Yemen. —- Go to first document in English.

Document(s)

19th World Day Against the Death Penalty – Engaging the Special Procedures of the UN Human Rights Council: Women and the Death Penalty

By World Coalition Against the Death Penalty, Reprieve, FIACAT, The Advocates for Human Rights, on 10 August 2021


2021

Working with...

Women

fr
More details Download [ pdf - 454 Ko ]

While the methods in this tool are applicable beyond the scope of capital punishment, for the 19th World Day Against the Death Penalty, Reprieve and the World Coalition Against the Death Penalty have drafted this How-To on engaging the United Nations (UN) Special Procedures for elevating cases pertaining to women who have been sentenced to the death penalty.

Document(s)

The Death Penalty In Egypt: Theoretical and Practical Study in the Light of Islamic Shariah and International Human Rights Law

By Dr. Mohamed Al Ghamry / Arab Penal Reform Organization APRO, on 1 January 2008


2008

NGO report

ar
More details See the document

This study addresses the subject of the “death Penalty in Egypt”, which is an applied theoretical study done in light of the principles of the Islamic law and provisions concerning international human rights law. Egyptian Penal Code No. 58/1937 is the modern penal code that still retains the death penalty in spite of its cruelty and strictness and impossibility of reforming its results or amending them. The laws governing the death penalty in Egypt are considered one of the most deterrent penalties at all levels, general and private, that ensures combating crimes and preserving the interests of society, as well as ensuring stability in spite of the presence of an increasing international inclination led by the United Nations and some international NGOs headed by Amnesty International to abolish the Death Penalty given the difficulty to reconcile between this penalty and obligation to respecting human rights.There is no doubt that the intention to study the legislative system of the death penalty in Egypt, with the purpose of the determination of legality of this penalty and the demonstration of the feasibility of its application for society, is difficult without identifying all the roles and functions caused by the death penalty over successive legal ages in Egypt. When the criminal legislator passes new laws that address crimes in Egypt, in his appreciation, to achieve deterrence and for the purpose of combating crime, the legislator does nothing new in society. The work of the legislature work is a product of an interaction between the proposed legislative articles to solve the realistic problems from which society suffers in a historical moment on the one hand, and the cultural, social, religious, legal and political heritage coming to our society from abroad, may play a key role in the determination of the content of the proposed legislative text in the context of the mutual influence between cultures. In this context, this study begins by an introductory chapter entitled “The Historical Origins of the Death Penalty in Egypt” in which we tried to pin the Egyptian penal legislation to its origin by studying the position of death penalty and its evolution in society. By identifying the historical origin of the Death Penalty in Egypt, we then present an objective view on the future of death penalty in Egypt between retention and abolition. —- Please find document at bottom of web page.

Document(s)

STRENGTHENING THE DEFENCE IN DEATH PENALTY CASES IN THE PEOPLE´S REPUBLIC OF CHINA: Empirical Research into the Role of Defence Councils in Criminal Cases Eligible for the Death Penalty

By Hans Jörg Albrecht / Max Planck Institute for Foreign and International Criminal Law, on 1 January 2006


2006

Article

China


More details See the document

This project examines the role of defence councils in Chinese criminal proceedings that can end up with the imposition of the death penalty. It aims to review the problems defence lawyers face in such proceedings, the defence strategies they apply and to examine whether the assignment of a defence lawyer makes a difference in the outcome of a criminal trial. Moreover, the project explores what can and should be done to empower defence councils to effectively represent suspects and accused in death penalty eligible cases.The objective of the study is to shed light on the problems experienced by criminal defence councils when defending capital crime cases and to generate information on how death penalty cases are processed through the Chinese system of justice as well as the determinants of the outcomes death penalty eligible criminal cases.

  • Document type Article
  • Countries list China
  • Themes list Legal Representation,

Document(s)

The Mandatory Death Penalty in the Commonwealth Caribbean and the Inter-American Human Rights System: An Evolution in the Development and Implementation of International Human Rights Protections

By Brian D. Tittemore / William and Mary Bill of Rights 13 (2), 445, on 1 January 2004


2004

Article


More details See the document

Among the most significant and compelling aspects of the litigation surrounding the issue of the mandatory death penalty in the Caribbean region has been the interplay between the procedures and jurisprudence of the inter-American human rights system and those of relevant domestic courts. In particular, the supervisory bodies of the inter-American system have relied upon the decisions of appellate courts in certain states employing the death penalty, and have concluded that the practice of mandatory sentencing for the death penalty contravened applicable international human rights norms. Subsequently, appellate courts in the Caribbean region explicitly relied upon the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights in interpreting and applying rights that are protected under national constitutions. Moreover, the Judicial Committee of the Privy Council found that the protection of due process of law under national constitutions extend to the procedures before the inter-American human rights system,’ with the consequence that states were barred from executing capital defendants while their pending cases were before the Inter-American Commission on Human Rights and, where available, the Inter-American Court of Human Rights.

  • Document type Article
  • Themes list Mandatory Death Penalty,

Document(s)

Protecting the right to life against the Death Penalty. Written observations to the Inter-American Court of Human Rights on Legislative or Other Measures Denying Judicial or Other Effective Recourses to Challenge the Death Penalty.

By Amnesty International, on 1 January 2004


NGO report

es
More details See the document

This document contains Amnesty International’s written observations to the Inter-American Court of Human Rights on legislative or other measures denying judicial or other effective recourse to challenge the death penalty; in the matter of a request by the Inter-American Commission on Human Rights for an advisory opinion from the Inter-American Court of Human Rights (article 64(1) of the American Convention on Human Rights) and in the matter of legislative measures concerning the mandatory imposition of the death penalty and related matters.

Document(s)

On the possibility of Viet Nam ratifying the Second Optional Protocol to the ICCPR aiming at the Abolition of the Death Penalty

By European Union / United Nations Development Programme / Nguyen Thi Thanh Hai / Nguyen Van Hoan / Nguyen Minh Khue, on 1 January 2019


2019

International law - United Nations

en
More details See the document

This study aims to assess the possibility of Viet Nam ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) aiming at the abolition of the death penalty. It analyzes: (a) the current international legal framework and the process of legal development to abolish the death penalty in selected countries, (b) the compatibility between the existing regulations on the death penalty in the Vietnamese legal system and the Second Optional Protocol of the ICCPR, and (c) the assessment of feasibility for abolition of the death penalty in Viet Nam.

Document(s)

The True Legacy of Atkins and Roper: The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty’s Unraveling

By Scott E. Sundby / University of Miami School of Law, on 8 September 2020


2020

NGO report

United States


More details See the document

In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth were powerful mitigators, juries were not able to reliably use them in their decision making. The Court thus articulated expressly for the first time what this Article calls the “unreliability principle:” if too great a risk exists that constitutionally protected mitigation cannot be reliably assessed, the unreliability means that the death penalty cannot be constitutionally imposed. In recognizing the unreliability principle, the Court has called into serious question the death penalty for other offenders to whom the principle applies, such as mentally ill defendants. And, unlike with the “evolving standards” analysis, the unreliability principle does not depend on whether a national consensus exists against the practice. This Article identifies the six Atkins-Roper factors that bring the unreliability principle into play and shows why they make application of the death penalty to mentally ill defendants unconstitutional. The principle, which finds its constitutional home in the cases of Woodson v. North Carolina and Lockett v. Ohio, has profound implications for the death penalty, and if taken to its logical endpoint calls into question the Court’s core premise since Furman v. Georgia, that by providing individualized consideration of a defendant and his crime, the death penalty decision will be free of arbitrariness.

  • Document type NGO report
  • Countries list United States
  • Themes list Fair Trial, Intellectual Disability,

Document(s)

The Death Penalty in the Socialist Republic of Vietnam – Special edition for the 4th World Congress Against the Death Penalty

By Vietnam Committee on Human Rights / International Federation for Human Rights (FIDH), on 8 September 2020


NGO report

Viet Nam


More details See the document

The use of the death penalty is frequent in the Socialist Republic of Vietnam (SRV). Capital punishment is applied for 22 offences, including murder, armed robbery, drug trafficking, rape, sexual abuse of children, and a range of economic crimes, such as graft and corruption, fraud and embezzlement (for 500 million dong – $33,200 – or more of state property), illegal production and trade of food, foodstuffs and medicines. Seven political acts perceived as “threats against national security” carry the death penalty as a maximum sentence. Capital punishment is most often used to sanction drug-related offences, followed by corruption, black-market and violent crimes. Vietnam has some of the harshest drug laws in the world. A 1997 law made possession or smuggling of 100g or more of heroin, or 5 kilograms or more of opium, punishable by death. In 2001, 55 sentences were pronounced for drug trafficking alone.

  • Document type NGO report
  • Countries list Viet Nam
  • Themes list Firing Squad, Country/Regional profiles,

Document(s)

Justice by Geography and Race: The Administration of the Death Penalty in Maryland 1978-1999

By Robert Brame / Raymond Paternoster / Margins Law Journal / Sarah Bacon / Andrew Ditchfield, on 1 January 2004


2004

Article

United States


More details See the document

Since July 1978, when Maryland’s capital punishment statute took effect, the State has been plagued by charges that the imposition of the death penalty is influenced by the race of the defendant and the legal jurisdiction in which the homicide occurred. Most critics use the characteristics of condemned inmates on Maryland’s death row, which reveal possible racial motivations. However, the authors argue that simply relying on the characteristics of condemned inmates reveals little about the underlying mechanisms of the imposition of the death penalty. The recent history of capital punishment in Maryland is reviewed, followed by a brief description of the legal structure of capital punishment under Maryland law. In order to empirically measure whether the imposition of capital punishment in Maryland is discriminatory, the authors examined 1,311 death eligible cases in Maryland from July 1, 1978 to December 31, 1999. Death eligible cases were defined as those cases in which the State’s attorney filed a notice of intention to seek a death sentence, the facts established that first degree murder was committed, the defendant was the principle in the first degree murder, the murder included at least one statutory aggravating circumstance, and the defendant was eligible for capital punishment at the time of the offense. The statistical strategy focused on determining the influence of race of victim, race of defendant, and geography on the imposition of the death penalty. Findings suggest that race and geography indeed play an important role in the Maryland justice system. Race and geography exert their most influence at the death notification and death notice retraction stages of the process. Thus, it is prosecutorial discretion that is the most apparent in the possible discriminatory application of capital punishment in Maryland. The findings from this study are unsurprising and are in line with similar studies from other States. The author cautions that overt racism is not necessarily the reason beyond the disproportionate application of capital punishment.

  • Document type Article
  • Countries list United States
  • Themes list Networks,

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Florida Death Penalty Assessment Report: An Analysis of Florida’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


2006

NGO report


More details See the document

To assess fairness and accuracy in Florida’s death penalty system, the Florida Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Florida Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Florida death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Florida complies with the ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Indiana Death Penalty Assessment Report: An Analysis of Indiana’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2007


2007

NGO report


More details See the document

To assess fairness and accuracy in Indiana’s death penalty system, the Indiana Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Indiana Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Indiana death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Indiana complies with the ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Ohio Death Penalty Assessment Report: An Analysis of Ohio’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2007


NGO report


More details See the document

To assess fairness and accuracy in Ohio’s death penalty system, the Ohio Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Ohio Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Ohio death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Ohio complies with the ABA Recommendations.

  • Document type NGO report
  • Themes list Due Process ,

Document(s)

Sri Lankan expert needed to conduct study on the death penalty – Terms of reference

By World Coalition Against the Death Penalty, on 23 December 2021


2021

World Coalition


More details Download [ pdf - 83 Ko ]
  • Document type World Coalition

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Tennessee Death Penalty Assessment Report: An Analysis of Tennessee’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2007


2007

NGO report


More details See the document

To assess fairness and accuracy in Tennessee’s death penalty system, the Tennessee Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency proceedings; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. Following a preliminary chapter on Tennessee’s death penalty law, the Tennessee Death Penalty Assessment Report devotes a chapter to each of these twelve issues. Each chapter begins with a discussion of the relevant law and then concludes the extent to which the State of Tennessee is in compliance with the ABA’s Recommendations.

  • Document type NGO report
  • Themes list Due Process ,

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Pennsylvania Death Penalty Assessment Report: An Analysis of Pennsylvania’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2007


NGO report


More details See the document

To assess fairness and accuracy in Pennsylvania’s death penalty system, the Pennsylvania Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’scapital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. Following a preliminary chapter on Pennsylvania’s death penalty law, the Pennsylvania Death Penalty Assessment Report devotes a chapter to each of these issues. Each chapter begins with a discussion of the relevant law and concludes with a discussion of the extent to which the Commonwealth of Pennsylvania is in compliance with the ABA’s Recommendations.

  • Document type NGO report
  • Themes list Due Process ,

Document(s)

Keep the Death Penalty Abolished in the Philippines (Hiligaynon)

By World Coalition Against Death Penalty, on 23 March 2021


2021

Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2538 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Kapampangan)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 731 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Waray)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 1057 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (English)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines

fr
More details Download [ pdf - 7827 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

Document(s)

Keep the Death Penalty Abolished in the Philippines (Marano)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 1410 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Pangasinense)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 1042 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Ilokano)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2550 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Cebuano)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2567 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Bicolano)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2584 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Tagalog)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2519 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Tausug)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2595 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Joint letter with the Inter-American Commission on Human Rights on the occasion of the 30th anniversary of the Protocol to the American Convention on Human Rights to abolish the death penalty

on 1 January 2020


2020

NGO report

Regional body report

esfr
More details Download [ pdf - 105 Ko ]

Document(s)

Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty – Yearly supplement of the Secretary-General to his quinquennial report

By United Nations / Human Rights Council, on 8 September 2020


2020

United Nations report

rufrzh-hantes
More details See the document

The Report examines the possible consequences of the imposition and application of the death penalty on the enjoyment of various human rights, including human dignity, the right to life, the right to freedom from torture or other cruel, inhuman or degrading treatment or punishment, the right to a fair trial and the right to equality and non-discrimination. It further examines the human rights consequences of the lack of transparency in the imposition and application of the death penalty.

Document(s)

Sentenced to death without execution: Why capital punishment has not yet been abolished in the Eastern Caribbean and Barbados

By Death Penalty Project, on 1 January 2020


2020

NGO report


More details See the document

The report Sentenced to Death Without Execution, Why capital punishment has not yet been abolished in the Eastern Caribbean and Barbados, was published on 7 April 2020. It presents the views of opinion formers and was written by Roger Hood and Florence Seemungal with the assistance of Amaya Athill.Six independent nations in the Eastern Caribbean – Antigua and Barbuda, Dominica, Grenada, St Kitts and Nevis, St Lucia, and St Vincent and the Grenadines, all members of the Organisation of Eastern Caribbean States (OECS) – and Barbados, retain the death penalty for murder. Most of these countries have not executed anyone sentenced to death for at least ten years with the vast majority not carrying out an execution for more than twenty years.This independent empirical study, which presents the views of 100 ‘opinion formers’, drawn from the seven jurisdictions, aims to shed light on why these countries hang on to capital punishment and what are the barriers to the complete abolition of the death penalty in these nations. The respondents were asked about their knowledge of the use of capital punishment in their respective countries and the extent to which, and why, they either supported the policy of retaining the death penalty or were in favour of its abolition, as well as the factors, beliefs, and assumptions that appeared to account for their government’s unwillingness to embrace complete abolition.Key findings include:- Across these seven nations, 48 of the interviewees favoured retention of the death penalty (18 of them strongly) and 52 were in favour of its abolition (30 of them strongly) Of those who favoured retention of the death penalty, only a minority were committed to retaining it: only 10 of 48 interviewees said they would ‘strongly oppose an Act of Parliament to completely abolish the death penalty by definitely voting against it’. Respondents believed the best strategies to persuade their respective governments to embrace reform were: ‘through creating an influential civil society pressure group ‘Citizens Against the Death Penalty’; by ‘mounting a legal challenge to the constitutionality of the death penalty’; or by ‘persuading the government to establish a high-level commission to report on the subject’.

  • Document type NGO report
  • Themes list Legal Representation, Mandatory Death Penalty,

Document(s)

Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By United Nations, on 1 January 2017


2017

United Nations report


More details See the document

The present report is submitted pursuant to resolution 30/5 of the Human Rights Council. The report examines the consequences arising at various stages of the imposition and application of the death penalty on the enjoyment of the human rights of those facing the death penalty. It pays specific attention to the right to equality and non-discrimination in the context of the use of the death penalty. The report also highlights the discriminatory application of the death penalty to foreign nationals.

  • Document type United Nations report
  • Themes list International law, Right to life, Death Penalty,

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2005


2005

United Nations report

arruesfrzh-hant
More details See the document

The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, and Council decision 2005/247 of 22 July 2005, is the eighth quinquennial report of the Secretary-General on capital punishment. It covers the period 2004-2008 and reviews developments in the use of capital punishment. The report confirms a very marked trend towards abolition and restriction of the use of capital punishment in most countries. The rate at which States that retained the death penalty at the start of the quinquennium have abolished its use either in law or in practice is comparable with that of previous reporting periods, and may even be accelerating slightly. Moreover, countries that retain the death penalty are, with rare exceptions, significantly reducing its use in terms of numbers of persons executed and the crimes for which it may be imposed. Nevertheless, where capital punishment remains in force, there are serious problems with regard to the respect of international norms and standards, notably in the limitation of the death penalty to the most serious crimes, the exclusion of juvenile offenders from its scope, and guarantees of a fair trial.

Document(s)

Note verbale dated 11 March 2011 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

Chad

China

Democratic People's Republic of Korea

Democratic Republic of the Congo

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Moratorium

Myanmar

Niger

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Sierra Leone

Singapore

Solomon Islands

Somalia

Sudan

Syrian Arab Republic

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The permanent missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 65/206, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 11 November 2010, and subsequently by the General Assembly on 21 December 2010 by a recorded vote. The permanent missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Georgia Death Penalty Assessment Report: An Analysis of Georgia’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


2006

NGO report


More details See the document

To assess fairness and accuracy in Georgia’s death penalty system, the Georgia Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Georgia Death Penalty Assessment Report summarizes the research on each issue and analyzes the level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Alabama Death Penalty Assessment Report: An Analysis of Alabama’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


NGO report


More details See the document

To assess fairness and accuracy in Alabama’s death penalty system, the Alabama Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Alabama Death Penalty Assessment Report summarizes the research on each issue and analyzes the level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Arizona Death Penalty Assessment Report: An Analysis of Arizona’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


NGO report


More details See the document

To assess fairness and accuracy in Arizona’s death penalty system, the Arizona Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Arizona Death Penalty Assessment Report summarizes the research on each issue and analyzes the State’s level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

Document(s)

India and the Death Penalty Using the Media: How an Event Can Influence the Establishment of the Death Penalty

By Ensemble contre la peine de mort (ECPM), on 1 January 2017


2017

NGO report


More details See the document
  • Document type NGO report
  • Themes list Public debate, Member organizations, Death Penalty,

Document(s)

Breaking new ground: The need for a protocol to the African Charter on the abolition of the death penalty in Africa

By Lilian Chenwi / African Human Rights Law Journal, on 1 January 2005


2005

Article


More details See the document

The question addressed in this article is whether there is need for a protocol on the abolition of the death penalty in Africa. The African Charter on Human and Peoples’ Rights (African Charter)2 makes no mention of the death penalty or the need to abolish it.3 Further, only six African states have ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty. Since the protocol would, most likely, take into consideration the unique problems of the continent, it stands a better chance of effectively supplementing the provisions of the African Charter than the Second Optional Protocol.

  • Document type Article
  • Themes list Public debate,

Document(s)

The People Decide: The Effect of the Introduction of the Quasi-Jury System (Saiban-In Seido) on the Death Penalty in Japan

By Leah Ambler / Northwestern Journal of International Human Rights, on 1 January 2007


2007

Article

Japan


More details See the document

This article examines the potential impact of the new lay assessor system, or saiban-in seido, on capital punishment in Japan, and considers whether it may reduce death sentences to the point of effectively abolishing them at trial stage in the District Court. The article posits that the introduction of the lay assessor system may create the momentum for Japan to align its criminal justice system with that of other developed countries—that is, abolition of the death penalty as an available criminal sanction.

  • Document type Article
  • Countries list Japan
  • Themes list Networks,

Document(s)

A/HRC/42/28 – Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By Human Rights Council, on 8 September 2020


2020

United Nations report

rufrzh-hantar
More details See the document

The present report is submitted pursuant to resolution 36/17,of the Human Rights Council. The report examines the consequences arising at various stages of the imposition and application of the death penalty on the enjoyment of the human rights of persons facing the death penalty and other affected persons. It pays specific attention to the impact of the resumption of the use of the death penalty on human rights

Document(s)

God and the Executioner: The Influence of Western Religion on the Use of the Death Penalty

By Davison M. Douglas / William and Mary Bill of Rights Journal, on 1 January 2000


2000

Article

United States


More details See the document

In this essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state’s use of the death penalty. He surveys the Christian Church’s strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the “pulpit and the pew” as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by noting the declining influence of religious organizations over the social policy choices of their members. He concludes that the fate of the death penalty in America will therefore “most likely be resolved in the realm of the secular rather than the sacred.

  • Document type Article
  • Countries list United States
  • Themes list Religion ,

Document(s)

Leaflet on the Protocol to the African Charter on Human and Peoples’ Rights on the Abolition of the Death Penalty

By FIACAT, on 1 January 2017


2017

Multimedia content

enfr
More details Download [ pdf - 345 Ko ]

To supplement and strengthen the provisions of the African Charter on Human and Peoples’ Rights, Article 66 of the Charter authorises the adoption of Protocols or special agreements. It is on this basis that the African Commission on Human and Peoples’ Rights (ACHPR) – the African Union (AU) authority responsible for promoting and protecting human rights in Africa – proposed that the AU adopt a specific Protocol on the abolition of the death penalty that specifies that “the right to life is the foundation of all the other rights” and that “the abolition of the death penalty is vital for the effective protection” of this right.

Document(s)

The Death Penalty in 2016: trends confirm global movement toward restricted use of the death penalty

By Cornell Law School, on 8 September 2020


2020

Article


More details See the document

The number of abolitionist countries continued to grow in 2016, but national crises have created a political climate that heightens the risk that the death penalty will be reintroduced in a handful of abolitionist nations.The Cornell Center on the Death Penalty Worldwide assesses the evolutions of the worldwide situation of the death penalty in 2016.

  • Document type Article
  • Themes list Trend Towards Abolition, Cruel, Inhuman and Degrading Treatment and Punishment, Member organizations, World Coalition Against the Death Penalty, Death Penalty,

Document(s)

Death Penalty: Sociological Survey of Public Opinion on the Abolition of the Death Penalty in the Republic of Tajikistan

By Penal Reform International, on 1 January 2013


2013

NGO report


More details See the document

The present study of public opinion on the death penalty in Tajikistan was conductedbetween June and August 2013. The main purpose of the study was to obtain reliableinformation about public opinion on the deathpenalty in Tajikistan, its awareness ofthe changes that have occurred in this areaand to see any changes in attitude since2010.

  • Document type NGO report
  • Themes list Public opinion,

Document(s)

Indigenous constitutionalism and the death penalty: The case of the Commonwealth Caribbean

By Margaret A. Burnham / International Journal of Constitutional Law, on 1 January 2005


2005

Article

Antigua and Barbuda


More details See the document

The Commonwealth Caribbean remains an obstinate holdout against the international trend limiting use of the death penalty. The death row population in the region per capita is about four times that of the United States. Widely debated in legal circles for a decade, capital punishment jurisprudence will be affected by the creation of the regional appellate court that was launched in April 2005. Modeled after the European Court of Justice, the Caribbean Court of Justice (CCJ) will assume the constitutional jurisdiction currently exercised by the Judicial Committee of the London-based Privy Council. Critics claim the CCJ was created to undo the constraints on the death penalty decreed by the Privy Council and international human rights tribunals, while proponents maintain that the new court completes the region’s assumption of sovereignty. This article situates the debate in the constitutional history of the independence era, the current regionalization movement, and the interplay between international norms and domestic fundamental rights.

  • Document type Article
  • Countries list Antigua and Barbuda

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty : report of the Secretary-General

By United Nations, on 1 January 2001


2001

United Nations report

arrufrzh-hantes
More details See the document

The present, sixth quinquennial report contains a review of the trends in the application of the death penalty, including the implementation of the safeguards, during the period l994-2000. It is a revised, updated version of the report of the Secretary-General on the subject (E/2000/3) that was submitted to the Council at its substantive session of 2000, to the Commission on Crime Prevention and Criminal Justice at its ninth session and to the Commission on Human Rights at its fifty-sixth session. Sixty-three countries participated in the survey. There was again a relatively poor response from retentionist countries, especially those making the most use of capital punishment. One major conclusion to be drawn is that, since l994, the rate at which countries have embraced abolition has remained unchanged.

Document(s)

Moratorium on the use of the death penalty. Report of the Secretary-General (2008)

By United Nations, on 8 September 2020


2020

United Nations report

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The present report surveys respect for the rights of those sentenced to death as set out in the international human rights treaties and the guidelines established by the Economic and Social Council in 1984. Drawing on contributions of Member States, the report surveys various motivations for establishing a moratorium on or abolishing the death penalty, as well as those for retaining the death penalty. It also includes up-to-date statistical information on the worldwide use of the death penalty, including moratoriums established in States that have not abolished this form of punishment, together with relevant developments since the sixty-second session of the General Assembly. The report concludes by confirming the global trend towards abolition of the death penalty, the important role played by moratoriums in those States that seek to abolish it and possibilities for further work on the issue.

Document(s)

Children of parents sentenced to death or executed: How are they affected? How can they be supported?

By Child Rights Connect , on 8 September 2020


Arguments against the death penalty


More details See the document

From the point of arrest decades after the execution or release of a parent accused of a capital crime, the children’s mental health and wellbeing, living situation, and relationships with others can all be affected, usually in a devastating manner. The inherent trauma of knowing that a loved one is going to be executed can be exacerbated by public indifference or hostility, and by authorities who either fail to recognise or deliberately refuse to consider the situation of these children. This publication addresses the challenges to support the children.

  • Document type Arguments against the death penalty
  • Themes list Juveniles, International law, Murder Victims' Families,

Document(s)

The Death Penalty in Ohio: Fairness, Reliability, and Justice at Risk—A Report on Reforms in Ohio’s Use of the Death Penalty Since the 1997 Ohio State Bar Association Recommendations

By S. Adele Shank / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

The report as presented to the Ohio State Bar Association Council of Delegates in 1997,the OSBA’s recommendations and, where there have been changes in the law since that time, updates reflecting those changes. New information is noted at the conclusion of each section of the report immediately following the OSBA recommendation for that section.

  • Document type Article
  • Countries list United States
  • Themes list Networks,

Document(s)

Another Place Beyond Here: The Death Penalty Moratorium Movement in the United States

By Jeffrey L. Kirchmeier / University of Colorado Law Review, on 1 January 2002


Article

United States


More details See the document

Professor Kirchmeier examines the recent decline in support for the death penalty in the United States and the resulting emergence of a movement to impose a moratorium on executions. After discussing the history of the death penalty abolition movement in the United States, he identifies five major and seven minor events that have contributed to the growth of the Death Penalty Moratorium Movement. Then, he compares the current Moratorium Movement to other similar reform periods: the 1960s Death Penalty Abolitionist Movement; legislative abolition of the death penalty in several states during the mid-1800s and early 1900s; death penalty abolition in other countries; and the Anti-Lynching Movement of the early 1900s. Based on the history of these other movements, Professor Kirchmeier discovers various lessons for today’s Moratorium Movement, including lessons about strategy and the roles of public opinion and leadership. Finally, using these lessons from history and looking at recent events, he considers the future of the Moratorium Movement. Professor Kirchmeier concludes that for the Movement to continue to be successful: (1) there must be no major national distracting forces; (2) the Movement must continue to broaden its arguments and not be overly dependent upon one issue, one person, or one strategy; (3) the Movement must continue seek support from unexpected voices; and (4) the Movement must stay focused on the goals of achieving popular support and creating new leaders. Finally, Professor Kirchmeier predicts that the Moratorium Movement is strong enough to continue to have lasting effects.

  • Document type Article
  • Countries list United States
  • Themes list Moratorium ,

Document(s)

Moratoriums on the use of the death penalty. Report of the Secretary-General (2010)

By United Nations, on 8 September 2020


2020

United Nations report

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The present report is submitted to the General Assembly pursuant to General Assembly resolution 63/168. The report confirms the global trend towards abolition of the death penalty. It also recommends that Member States introduce a moratorium on the death penalty. Those States which still intend to implement the death penalty and are not willing to establish a moratorium should apply the death penalty only in the case of the most serious crimes. The protection of the rights of those facing the death penalty should be ensured, pursuant to the relevant international laws. Furthermore, in that regard, States have an obligation not to practise the death penalty in secrecy, nor to practice discrimination in its application.

Document(s)

Note verbale dated 10 February 2009 from the Permanent Missions to the United Nations of Afghanistan, the Bahamas, […] and Zimbabwe addressed to the Secretary-General

By United Nations, on 8 September 2020


United Nations report

Afghanistan

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

Chad

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Gambia

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia

Moratorium

Myanmar

Niger

Nigeria

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention to existing stipulations under international law, for the following reasons:

Document(s)

International Perspectives on the Death Penalty: A Costly Isolation for the U.S.

By Death Penalty Information Center / Richard C. Dieter, on 1 January 1999


1999

NGO report


More details See the document

This report examines the sequence of recent events that has increasingly placed the death penalty in the international spotlight. Some of these events are direct challenges to the practice of capital punishment in the U.S. Others are changes in the balance of death penalty practices and attitudes around the world. The report looks at the ways in which the international community has sought to limit the application of the death penalty, and the U.S.’s response to these initiatives. It also explores the world-wide trend towards complete abolition of the death penalty and the U.S. reaction. Although much of the official U.S. response to international criticism has been denial, the report looks at some local and unofficial actions, which indicate a different direction. Finally, the report notes the present and potential costs the U.S. is facing for adhering to the death penalty.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Preventing the Reintroduction of the Death Penalty in the Philippines

By World Coalition Against the Death Penalty, Mai Sato and Sara Kowal, on 10 August 2021


2021

Campaigning

Philippines

Public Opinion 

fr
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Findings of a study on the threats facing local civil society efforts to combat reinstroduction of the death penalty and the risks involved with reintroducing the death penalty in the Philippines.

Document(s)

The American Death Penalty and the (In)Visibility of Race

By Death Penalty Information Center / Carol S. Steiker / Jordan M. Steiker, on 1 January 2015


2015

Article

United States


More details See the document

In a new article for the University of Chicago Law Review, Professors Carol S. Steiker (left) of the University of Texas School of Law and Jordan M. Steiker (right) of Harvard Law School examine the racial history of the American death penalty and what they describe as the U.S. Supreme Court’s “deafening silence” on the subject of race and capital punishment. They assert that the story of the death penalty “cannot be told without detailed attention to race.” The Steikers’ article recounts the role of race in the death penalty since the early days of the United States, including the vastly disproportionate use of capital punishment against free and enslaved blacks in the antebellum South and describes the racial and civil rights context in which the constitutional challenges to the death penalty in the 1960s and 1970s were pursued. The authors contrast the “salience of race” in American capital punishment law and practice through the civil rights era with the “relative invisibility [of race] in the judicial opinions issued in the foundational cases of the modern era.”

  • Document type Article
  • Countries list United States
  • Themes list Discrimination,

Document(s)

The Death Penalty V. Human Rights: Why Abolish the Death Penalty?

By Amnesty International, on 1 January 2007


2007

NGO report

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More details See the document

In this document Amnesty International calls on the UN General Assembly, 62nd session, (2007) to adopt a resolution affirming the right to life and stating that abolition of the death penalty is essential for the protection of human rights and to report on the implementation of the moratorium to the next session of the UNGA. It also calls on retentionist countries to establish a moratorium on executions and to respect international standards that guarantee the protection of the rights of those facing the death penalty.

Document(s)

The death penalty and the “most serious crimes”: A country -by -country overview of the death penalty

By International Commission Against the Death Penalty, on 1 January 2013


2013

NGO report


More details See the document

This document provides brief commentary on the concept of “most serious crimes”, followed by a country by country overview of criminal offences punishable by death in retentionist states

  • Document type NGO report
  • Themes list Trend Towards Abolition, Statistics,

Document(s)

The Death Penalty Is Dead Wrong: Jus Cogens Norms and the Evolving Standard of Decency

By Geoffrey Sawyer / Penn State International Law Review, on 1 January 2004


2004

Article

Nigeria


More details See the document

The conviction of Amina Lawal in Nigeria for committing adultery and sentence of death by stoning created an international outcry of support to overturn her sentence. The support she received is a reflection of the outrage many around the world feel toward this particular method of execution, and in a larger context the growing social norm that the death penalty should be abolished. As more of the world looks upon the death penalty as unfair, or cruel and unusual, or as torture, arguably, a jus cogens norm prohibiting the death penalty has developed in international law, and will ultimately be the vehicle by which the death penalty will be abolished worldwide. Part I of this comment will detail the plight of Amina Lawal, and how her situation is indicative of the globalization of human rights norms. In Part II, this comment will examine the meaning of a jus cogens norm and how it can be established in the context of capital punishment. Using human rights treaties, the law and practice of other nations, and international tribunal decisions, Part III will assert, citing other contexts, such as the “right to life,” and the already entrenched jus cogens norm prohibiting torture, that a jus cogens norm abolishing the death penalty has arguably already been established. Finally, Part IV will assess what the effect of the establishment of a jus cogens norm prohibiting capital punishment.

  • Document type Article
  • Countries list Nigeria
  • Themes list Stoning,

Document(s)

Iran/death penalty: A state terror policy – Special edition for the 4th World Congress against the death penalty

By Bijan Baharan / International Federation for Human Rights (FIDH), on 8 September 2020


2020

NGO report

Iran (Islamic Republic of)

fa
More details See the document

This report covers the various aspects of the topic including: domestic laws, international legal framework, execution of juvenile offenders, religious and ethnic minorities, and methods of execution. According to the report, there are over 20 main categories of offences, some of them with several sub-categories, in the IRI, which are punishable by the death penalty. The majority of those “offences” are certainly not among “the most serious crimes.” Some others should not be considered as “offences” at all. In conclusion, FIDH issued a wide set of recommendations to the IRI and the international community. Among others, it recommended the adoption of an immediate moratorium on executions in light of the serious shortcomings of the guarantees of due process and fair trial.

Document(s)

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

By United Nations, on 1 January 1989


1989

United Nations report

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More details See the document

The States Parties to the present Protocol,Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life,Desirous to undertake hereby an international commitment to abolish the death penalty,Have agreed as follows:Article 11. No one within the jurisdiction of a State Party to the present Protocol shall be executed.2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.

Document(s)

China’s Death Penalty: The Supreme People’s Court, the Suspended Death Sentence and the Politics of Penal Reform

By Susan Trevaskes / British Journal of Criminology, on 1 January 2013


2013

Article

China


More details See the document

This paper examines the issue of judicial discretion and the role of the Supreme People’s Court (SPC) in death penalty reform since 2007. The SPC has been encouraging judges to give ‘suspended’ death sentences rather than ‘immediate execution’ for some homicide cases. Lower court judges are encouraged to use their discretion to recognize mitigating circumstances that would allow them to sentence offenders to a suspended death sentence. The SPC has used ‘guidance’ instruments which include ‘directives’ and other SPC interpretations and a new ‘case guidance’ system which provides case exemplars to follow. The study explored these guidance instruments as a way of deepening the understanding of how law, politics and judicial practices are interwoven to achieve reform goals.

  • Document type Article
  • Countries list China
  • Themes list Death Penalty, Country/Regional profiles,

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2005


2005

International law - United Nations

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More details See the document

The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, is the seventh quinquennial report of the Secretary-General on capital punishment.1 It covers the period 1999-2003 and reviews developments in the use of capital punishment worldwide, both in law and in practice. The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

The Death Penalty in the OSCE Area: Background Paper 2017

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2017


2017

International law - Regional body


More details See the document

OSCE participating States have made a number of commitments regarding the death penalty, including considering the potential abolition of capital punishment, to exchange information toward that end and to make information on the use of the death penalty available to the public.1 Where the death penalty is still in use, participating States have agreed that it could be imposed only for the most serious crimes and only in line with international commitments.2 In light of these commitments and its mandate, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) monitors trends and new developments regarding human rights standards and practices among OSCE participating States related to the death penalty. The findings are presented each year in the Background Paper on the Status of the Death Penalty in the OSCE Area. The background paper is based on the information provided by participating States, in the form of responses to ODIHR questionnaires. The information from their responses has been included in the present report, to the extent possible, and is supplemented with information from international and regional human rights bodies, non-governmental organizations and media reports.

  • Document type International law - Regional body
  • Themes list International law, Death Penalty, Country/Regional profiles,

Document(s)

The European Union and the Abolition of the Death Penalty

By Christan Behrmann and Jon Yorke / Pace University, School of Law, on 1 January 2013


2013

Academic report


More details See the document

This article investigates how the EU has evolved its abolitionist position. It analyzes the development of the region’s internal policy beginning in the European Parliament, to the rejection of the punishment being mandated as a Treaty provision, which evolves into anintegral component of the external human rights project. The EU has now formulated technical bilateral and multilateral initiatives to promote abolition worldwide. This is most clearly evidenced in the EU playing an important role in the 2007 United Nations General Assembly Resolution on the moratorium on the use of the death penalty, and the strengthening of the resolution in 2008, 2010, and 2012. This article demonstrates that the EU’s contribution to the abolition of the deathpenalty is a recognizable success story of human rights, and it is one aspect of the regions’ policies that was rewarded in 2012 with the Nobel Peace Prize.

  • Document type Academic report
  • Themes list Trend Towards Abolition,

Document(s)

The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973 – February 28, 2005

By Victor Streib / Ohio Northern University, on 8 September 2020


2020

Article

United States


More details See the document

This is Issue #77, the final issue of these periodic reports, having first been launched on June 15, 1984. On that date, the death penalty for juvenile offenders (defined as those under age 18 at the time of their crimes) was an obscure issue in law as well as in political and social arenas. During the last twenty-one years, these reports have been with us (1) through the intense litigation of the late 1980s, (2) through our society’s near hysteria about violent juvenile crime in the 1990s, (3) into the era of the international pressure on the United States to abandon this practice, and (4) now at the end of this practice. The validity and influence of these reports is indicated by thecitations to them in the opinions of leading courts, including the United States Supreme Court: Roper v. Simmons, 125 S.Ct. 1183, 1192, 1193, 1210, 1211, 1221 (2005); In re Stanford, 537 U.S. 968, 971 (2002); and Stanford v. Kentucky, 492 U.S. 361, 373 (1989). In the litigation leading up to the final juvenile death penalty case before the United States Supreme Court (Roper v. Simmons, 125 S.Ct. 1183 (2005)), the Missouri Supreme Court majority opinion included 12 citations to these reports: See Simmons v. Roper, 112 S.W.3d 397, 408, 409, 411 (Mo. 2003). This final issue of this periodic report is intended to document the status of the death penalty for juvenile offenders as ofthe day before the United States Supreme Court held this practice to be unconstitutional. These reports sketch the characteristics of the juvenile offenders and their crimes who have been sentenced to death, who have been executed, and who are currently under death sentences. —- See bottom left hand corner of web page.

  • Document type Article
  • Countries list United States
  • Themes list Juveniles,

Document(s)

Report to the Committee on Defender Services Judicial Conference of the United States – Update on the Cost and Quality of Defense Representation in Federal Death Penalty Cases

By Lisa Greenman / Jon B. Gould / Office of Defender Services of the Administrative Office of the U.S. Courts, on 8 September 2020


NGO report

United States


More details See the document

Part I of this report offers an introduction and overview of the research. Part II examines the way prosecution policies and practices have developed from 1989, the beginning of the modern federal death penalty era, through the end of 2009. Parts III, IV, and V of this report discuss the costs associated with defending a federal capital case. Section VI describes qualitative data obtained through interviews of federal judges who had presided over a federal death penalty case and experienced federal capital defense counsel on topics such as the quality of defense representation, case budgeting and case management practices, the role of experts, and the death penalty authorization process. Finally, in Sections VII and VIII, the Recommendations of the 1998 Spencer Report are reaffirmed, and the Commentary associated with those recommendations is updated to reflect the past 12 years of experience with federal capital litigation.

  • Document type NGO report
  • Countries list United States
  • Themes list Financial cost,

Document(s)

The Death Penalty: Should the Judge or the Jury Decide Who Dies?

By John H. Blume / Theodore Eisenberg / Sheri Lynn Johnson / Cornell Law Review / Martin T. Wells / Valerie P. Hans / Amelia Courtney Hritz / Caisa E. Royer, on 1 January 2014


2014

Academic report


More details See the document

This article addresses the effect of judge versus jury decision making through analysis of a database of all capital sentencing phase hearing trials in the state of Delaware from 1977-2007. Over the three decades of the study, Delaware shifted responsibility for death penalty sentencing from the jury to the judge. Currently, Delaware is one of the handful of states that gives the judge the final decision making authority in capital trials. Controlling for a number of legally-relevant and other predictor variables, we find that the shift to judge sentencing significantly increased the number of death sentences. Statutory aggravating factors, stranger homicides, and the victim’s gender also increased the likelihood of a death sentence, as did the county of the homicide. We reflect on the implications of these results for debates about the constitutionality of judge sentencing in capital cases.

  • Document type Academic report
  • Themes list Statistics, Country/Regional profiles,

Document(s)

Death penalty in Iran: A State terror policy – Special Update for 11th World Day against the Death Penalty

By International Federation for Human Rights (FIDH), on 8 September 2020


2020

NGO report

Iran (Islamic Republic of)

fa
More details See the document

The change of administration in the Islamic Republic of Iran (IRI) and taking of office by a new president on 3 August 2013 has not brought any change as far as the death penalty is concerned. Between the 14 June presidential election and 1st October, more than 200 people have been reportedly executed, including possibly three people who may have been younger than 18 at the time of the commission of the alleged crimes.Against this backdrop, FIDH and its member organisation, LDDHI, have decided topublish the present report to analyse the new penal laws in force in Iran that are invoked consistently to violate the right to life in general and to execute child offenders. Coinciding with 10 October 2013, World Day against the Death Penalty, this report aimsto serve as an update on the current state of application of the death penalty in the IRI.

Document(s)

The Death of the American Death Penalty

By L. Koch / Northeastern University Press / J. Galliher, on 1 January 2012


2012

Book

United States


More details See the document

A new book by Larry Koch, Colin Wark and John Galliher discusses the status of the death penalty in the U.S. in light of recent legislative activity and court decisions. In The Death of the American Death Penalty, the authors examine the impact of factors such as economic conditions, public sentiment, the role of elites, the media, and population diversity on the death penalty debate.

  • Document type Book
  • Countries list United States
  • Themes list Public opinion, Public debate,

Document(s)

What Strategies Towards the Abolition of the Death Penalty in West Africa? : Report of the Symposium in Dakar

By FIACAT, on 1 January 2012


NGO report


More details See the document

The regional seminar on the abolition of the death penalty in West Africa took place inDakar (Senegal) from 12-14 November 2012. This workshop brought together nineteenACAT members affiliated to FIACAT. It was therefore possible for each of the nine West Afri-can ACATs1to be represented by two participants (with the exception of Senegal, whichwas represented by three members).Participants at the workshop attended lectures and had the opportunity to developnational action plans for achieving abolition in their countries. According to feedbackreceived at the end of the seminar, attendees found the practical nature of the lectures,and the opportunity to network with other ACATs and learn from the experiences of otherparticipants, particularly beneficial.This document is a collection of all of the lectures from the Dakar seminar, as well asinternational and African texts relating to the death penalty. It is intended as a practicaltool to assist us as we progress towards abolition in Sub-Saharan Africa.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Member organizations, Country/Regional profiles,

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By United Nations / Economic and Social Council, on 1 January 2015


2015

United Nations report

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More details See the document

The Economic and Social Council, by its resolution 1745 (LIV) of 16 May 1973, invited the Secretary-General to submit to it, at five-year intervals starting from 1975, periodic updated and analytical reports on capital punishment. The Council, by its resolution 1995/57 of 28 July 1995, recommended that the quinquennial reports of the Secretary-General should continue to cover also the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty. By the same resolution, the Council requested the Secretary-General, in preparing the quinquennial report, to draw on all available data, including current criminological research. The present ninth quinquennial report reviews the use of and trends in capital punishment, including the implementation of the safeguards during the period 2009-2013.

Document(s)

The Rise, Fall, and Afterlife of the Death Penalty in the United States

By Carol S. Steiker / Annual Review of Law and Social Science, on 1 January 2020


2020

Article

United States


More details See the document

This review addresses four key issues in the modern (post-1976) era of capital punishment in the United States. First, why has the United States retained the death penalty when all its peer countries (all other developed Western democracies) have abolished it? Second, how should we understand the role of race in shaping the distinctive path of capital punishment in the United States, given our country’s history of race-based slavery and slavery’s intractable legacy of discrimination? Third, what is the significance of the sudden and profound withering of the practice of capital punishment in the past two decades? And, finally, what would abolition of the death penalty in the United States (should it ever occur) mean for the larger criminal justice system?

  • Document type Article
  • Countries list United States
  • Themes list Country/Regional profiles,

Document(s)

Incestuous Rape and the Death Penalty in the Philippines: Psychological and Legal Implications

By Seema Kandelia / Philippine Law Journal, on 1 January 2006


2006

Article

Philippines


More details See the document

The majority of those on death row in the Philippines have been convicted of rape crimes, including rape of a minor, rape of a family member and other aggravated forms of rape. Looking at incestuous rape in particular, this paper will examine some of the psychological and legal difficulties of imposing the death penalty for such a crime. It will focus on the effects the administration of the death penalty has on the victim and the victim’s family, as well as looking at some of the legal, evidential and procedural problems that arise in this jurisdiction’s imposition of the death penalty for rape.Despite the continued existence of the death penalty for incestuous rape, the number of reported cases has not diminished. Recognising this, local women’s groups in the Philippines have called for the root causes of incest and other forms of violence against women to be addressed rather than imposing the death penalty for rape. This response will also be considered within the broader context of Filipino gender relations.

  • Document type Article
  • Countries list Philippines
  • Themes list Networks,

Document(s)

A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago

By Douglas Mendes / Florence Seemungal / Jeffrey Fagan / Roger Hood / The Death Penalty Project, on 1 January 2009


2009

NGO report


More details See the document

As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.

  • Document type NGO report
  • Themes list Mandatory Death Penalty,

Document(s)

Death without Justice: A Guide for Examining the Administration of the Death Penalty in the United States

By American Bar Association, on 1 January 2001


2001

Working with...


More details See the document

This guide was created because of the growing flaws in the adminstration of the death penatly, it provides a guide to the death penalty administration process and vulnerable populations in death row administration.

  • Document type Working with...
  • Themes list Networks,