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Document(s)

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

on 21 July 2022


2022

NGO report

United States


More details Download [ pdf - 4342 Ko ]

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

  • Document type NGO report
  • Countries list United States

Document(s)

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

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


2022

Academic report

Innocence


More details See the document

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

  • Document type Academic report
  • Themes list Innocence

Document(s)

Deathworthy: a mental health perspective of the death penalty

By Project 39A, on 7 October 2021


2021

Academic report

India

Mental Illness


More details See the document

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

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

Document(s)

The Culture of Capital Punishment in Japan

By David T. Johnson, on 4 July 2020


2020

Academic report

Japan


More details See the document

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

  • Document type Academic report
  • Countries list Japan

Document(s)

Annual Report on The Death Penalty In Iran 2021

on 28 April 2022


2022

NGO report

Iran (Islamic Republic of)

fr
More details See the document

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

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

Document(s)

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

ru
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(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)

Amnesty International Global Report : Death Sentences and Executions 2021

on 25 May 2022


2022

NGO report

aresfr
More details Download [ pdf - 2638 Ko ]

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

Document(s)

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)

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

on 25 May 2022


2022

Arguments against the death penalty

NGO report

Bangladesh

India

Pakistan

Sri Lanka


More details See the document

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

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

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

Document(s)

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

on 15 June 2022


2022

Rapport d’ONG

Kenya

Public Opinion 


More details See the document

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

Key findings :

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

  • Document type Rapport d’ONG
  • Countries list Kenya
  • Themes list Public Opinion 

Document(s)

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

on 15 June 2022


NGO report

Kenya

Public Opinion 


More details See the document

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

Key findings:

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

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

Document(s)

Prison Conditions in Jamaica

on 19 April 2011


2011

NGO report

Death Row Conditions 

Jamaica


More details Download [ pdf - 396 Ko ]

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

  • Document type NGO report
  • Countries list Jamaica
  • Themes list Death Row Conditions 

Document(s)

“No One Believed Me”: A Global Overview of Women Facing the Death Penalty for Drug Offenses

on 5 October 2021


2021

NGO report

Drug Offenses

Women

fr
More details See the document

“No one believed me” is a quote from Merri Utami, who was sentenced to death for drug trafficking in Indonesia in 2002. Her quote reflects the injustices faced by women accused of capital drug offenses around the world: many decision-makers disbelieve women’s plausible innocence claims or discount the effects of relationships and economic instability on women’s decisions to traffic drugs.

  • Document type NGO report
  • Themes list Drug Offenses / Women
  • Available languages

Document(s)

The Death Penalty in 2022: Year End Report

By Death Penalty Information Center, on 16 December 2022


2022

NGO report

United States


More details See the document

In a year awash with incendiary political advertising that drove the public’s perception of rising crime to record highs, public support for capital punishment and jury verdicts for death remained near fifty-year lows. Defying conventional political wisdom, nearly every measure of change — from new death sentences imposed and executions conducted to public opinion polls and election results — pointed to the continuing durability of the more than 20-year sustained decline of the death penalty in the United States.
The Gallup crime survey, administered in the midst of the midterm elections while the capital trial for the 2018 mass shooting at Marjory Stoneman Douglas High School in Florida was underway, found that support for capital punishment remained within one percentage point of the half-century lows recorded in 2020 and 2021. The 20 new death sentences imposed in 2022 are fewer than in any year before the pandemic, and just 2 higher than the record lows of the prior two years. With the exception of the pandemic years of 2020 and 2021, the 18 executions in 2022 are the fewest since 1991.

  • Document type NGO report
  • Countries list United States

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)

ICDP Launches How States abolish the Death Penalty: A Supplement of Case-Studies

By International Commission against the Death Penalty, on 17 November 2022


2022

NGO report


More details See the document

An increasing number of countries have recognized that state killing undermines human dignity and respect for human rights, such as the discriminatory use of the death penalty, the use of forced confession that increases the possibility of executing an innocent person, and the lack of deterrence effect of capital punishment. This move towards abolition of the death penalty is being witnessed in all regions of the world regardless of political system, religion, culture or tradition. As of today, at least 110 countries have abolished the death penalty for all crimes, while at least eight countries have abolished for ordinary crimes, while less than 20 countries have reportedly
carried out executions in 2021.
This publication is a supplement to the ICDP´s 2018 work on “How States Abolish the Death Penalty: 29 Case Studies.”

  • Document type NGO report

Document(s)

The Public Opinion Myth. Why Japan retains the death penalty

By Mai Sato & Paul Bacon, on 5 August 2015


2015

Academic report


More details See the document

In this report, Mai Sato and Paul Bacon go beyond the simple results of opinion polls conducted
recently by the Japanese government, which show very high levels of support for the death penalty.
Using a similar methodology and sample, the authors reveal that the majority of the population form
their views on the death penalty with limited information and based on often inaccurate perceptions
– for example, believing that the crime rate is increasing. Sato and Bacon also demonstrate that
people have a relatively low level of ‘psychological ownership’ when it comes to the future of the death
penalty: the majority think that the government and experts should decide. Furthermore, discussions
about the death penalty among participants increased tolerance towards those with different views –
which, in turn, facilitated potential reform and change.

  • Document type Academic report

Document(s)

Getting to Death: Race and the Paths of Capital Cases after Furman

By Fagan, Jeffrey and Davies, Garth and Paternoster, Raymond, Columbia Public Law Research Paper, Forthcoming, Cornell Law Review, Vol. 107, No. 1565, 2022, on 13 January 2023


2023

Academic report

Fair Trial

United States


More details See the document

Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman. Analyzing a dataset of 2,328 first- degree murder convictions in Georgia from 1995–2004 that produced 1,317 death eligible cases, we show that two features of these cases combine to produce a small group of persons facing execution: victim race and gender, and a set of case-specific features that are often correlated with race. We also show that these features explain which cases progress from the initial stages of charging to a death sentence, and which are removed from death eligibility at each stage through plea negotiations. Consistent with decades of death penalty research, we also show the special focus of prosecution on cases where Black defendants murder white victims. The evidence in the Georgia records suggests a regime marred less by overbreadth in its statute than capriciousness and randomness in the decision to seek death and to seek it in a racially disparate manner. These two dimensions of capital case adjudication combine to sustain the twin failures that produce the fatal lottery that is the death penalty.

  • Document type Academic report
  • Countries list United States
  • Themes list Fair Trial

Document(s)

The Myth of Autonomy Rights

By Kathryn E. Miller, on 20 July 2022


2022

Article

United States


More details See the document

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

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

  • Document type Article
  • Countries list United States

Document(s)

Sentenced to Death Without Execution

on 15 December 2020


2020

NGO report

Antigua and Barbuda

Barbados

Dominica

Grenada

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Trend Towards Abolition


More details Download [ pdf - 1597 Ko ]

This research is a contribution towards understanding why six small, independent island 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 OECS – and the neighbouring island of Barbados retain
the death penalty in their criminal statutes, and yet have not executed anyone sentenced to death for a
very long time. With the exception of St Kitts and Nevis, where an execution took place in 2008, no-one
has been judicially executed in any of the other countries for more than 20 years – and in Dominica,
Grenada, St Lucia and Barbados for more than 30 years. Furthermore, death sentences have been imposed
within the past 10 years only in St Lucia and Barbados, and in four of these seven nations no-one is under
sentence of death on ‘death row’ at the time of writing.
The questions posed by this publication are: why do these countries hang on to capital punishment
and what are the barriers and hindrances to the complete abolition of capital punishment by these
nations

  • Document type NGO report
  • Countries list Antigua and Barbuda / Barbados / Dominica / Grenada / Saint Kitts and Nevis / Saint Lucia / Saint Vincent and the Grenadines
  • Themes list Trend Towards Abolition

Document(s)

Killing in the Name of God: State-sanctioned Violations of Religious Freedom

By Eleos Justice, Monash University, on 10 November 2021


2021

Academic report

Brunei Darussalam

Iran (Islamic Republic of)

Maldives

Mauritania

Nigeria

Qatar

Saudi Arabia

Somalia

United Arab Emirates

Yemen


More details See the document

As of 2020, blasphemy was formally criminalised in some 84 countries. As many as 21 countries criminalised apostasy as of 2019. The legal penalties for such offences range from fines to imprisonment to corporal punishment—and in at least 12 countries, the death penalty.

This report examines the extent to which States commit, or are complicit in, killings that violate religious freedom. Focussing on the 12 States in which offences against religion are lawfully punishable by death, we examine four different types of State-sanctioned killings on the basis of religious offence (apostasy, blasphemy, or alike) or affiliation (most commonly, membership of a religious minority): judicial executions, extrajudicial killings, killings by civilians, and killings by extremist groups. We explore the relationship between the retention of the death penalty for religious offences and other forms of State-sanctioned killings motivated by alleged religious offending or by religious identity.

  • Document type Academic report
  • Countries list Brunei Darussalam / Iran (Islamic Republic of) / Maldives / Mauritania / Nigeria / Qatar / Saudi Arabia / Somalia / United Arab Emirates / Yemen

Document(s)

The Court is Satisfied with the Confession: Bahrain Death Sentences Follow Torture, Sham Trials

By Human Rights Watch, on 10 October 2022


2022

Article

Bahrain

ar
More details See the document

In a February 2019 letter to the United Nations Office in Geneva, the government of Bahrain claimed that its courts “actually hand down very few death sentences.” In fact, since 2011, courts in Bahrain have sentenced 51 people to death, and the state has executed six since the end of a de facto moratorium on executions in 2017. As of June 2022, 26 men were on death row, and all have exhausted their appeals. Under Bahraini law, King Hamad bin Isa Al Khalifa has the power to ratify these sentences, commute them, or grant pardons.

Document(s)

Explaining the Invidious: How Race Influences Capital Punishment in America

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


2022

Academic report

United States


More details See the document

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

  • Document type Academic report
  • Countries list United States

Document(s)

Living Under Sentence of Death

on 22 April 2022


2022

Academic report

NGO report

Bangladesh

Death Row Conditions 


More details See the document

In 2019-20, The Department of Law at the University of Dhaka, in collaboration with the Bangladesh Legal Aid and Services Trust (BLAST) and The Death Penalty Project, conducted a study to investigate socio-economic characteristics and experiences of death row prisoners in Bangladesh.

Bangladesh continues to retain and implement the death penalty, with several executions taking place each year. Excluding laws relating to the defence forces and international crimes, there are currently 33 crimes punishable by death. 25 of these offences are non-lethal and arguably do not meet the threshold of the ‘most serious crimes’ under international law.

Inspired by similar studies in other countries, a pilot study was commissioned to examine the demographics and experiences of those sentenced to death. Consistent with those studies around the world, our findings evidence that the death penalty in Bangladesh is disproportionately used against the most vulnerable and marginalised sections of society.

72% of prisoners were classified as economically vulnerable
53% of prisoners were in low-paid work or unemployed
87% of prisoners had no qualifications beyond secondary school level
15% of prisoners had no formal education.

The study also raised serious concerns around the treatment of prisoners, the length of time prisoners spent in prison under the sentence of death and the integrity of criminal investigations and trial.

33% of prisoners’ families alleged their relative had been tortured in police custody, 5% suspected this and 15% refused to comment
60% of respondents were not satisfied with the trial process, with some claiming that the courts had failed to properly appreciate the evidence
On average it took over 10 years for death row cases to be disposed by the HCD (where sentences are confirmed). Prolonged time spent in isolation on death row, has been declared inhumane and degrading in many countries.

The sample consisted of 39 individuals on death row, evidence from their case files and face-to-face interviews with their families were conducted under rigorous ethical guidelines to reveal their profiles and experiences. Despite its small size, the sample is indicative of the general prison population allowing us to draw conclusions on possible trends.

  • Document type Academic report / NGO report
  • Countries list Bangladesh
  • Themes list Death Row Conditions 

Document(s)

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

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


2022

United Nations report


More details See the document

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

  • Document type United Nations report

Document(s)

Extrajudicial, summary or arbitrary executions

By United Nations General Assembly, on 5 August 2022


2022

United Nations report


More details See the document

To mark the fortieth anniversary of the establishment of the mandate on extrajudicial, summary or arbitrary executions, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, offers a reflection from a historical perspective on the establishment of the mandate and the subsequent evolution of its working methods. He retraces the development of international standards and guidelines elaborated with the substantial contribution and support of the various mandate holders. The report also contains an analysis of the question of the death penalty from the perspective of whether it is compatible with the absolute prohibition of torture or other cruel, inhuman or degrading treatment or punishment and recommendations aimed at ensuring the protection of the right to life, as guaranteed under international human rights instruments.

  • Document type United Nations report

Document(s)

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

By United Nations General Assembly, on 8 August 2022


2022

United Nations report


More details See the document

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

  • Document type United Nations report

Document(s)

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)

The Clemency Process in East and Southeast Asia

on 22 March 2022


2022

NGO report

China

Clemency

Indonesia

Japan

Malaysia

Singapore

Taiwan

Thailand

Viet Nam


More details Download [ - 0 Ko ]

In this report, we summarise the current international position on clemency and the death penalty and compare it to snapshots of the clemency processes in the following Southeast and East Asian countries: Thailand, Malaysia, Singapore, Indonesia, Vietnam, Japan, Taiwan, and China. All references to clemency in this paper are in the context of reprieve from the death penalty.

  • Document type NGO report
  • Countries list China / Indonesia / Japan / Malaysia / Singapore / Taiwan / Thailand / Viet Nam
  • Themes list Clemency

Document(s)

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

on 21 July 2022


2022

NGO report

United States


More details Download [ pdf - 703 Ko ]

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

  • Document type NGO report
  • Countries list United States

Document(s)

Worked to Death: A study on migrant workers and capital punishment

By Migrant Care and Reprieve, on 24 November 2021


2021

NGO report

Fair Trial

Indonesia

Legal Representation

Malaysia

Nigeria

Pakistan

Saudi Arabia

Women


More details See the document

Foreign nationals, and within this group migrant workers, are a population that disproportionately faces the death penalty around the world. The data and statistics gathered by Reprieve and Migrant CARE for this report show that migrant workers as a sub-set of the foreign national population are at grave risk of human rights violations related to the death penalty, including arbitrary deprivation of the right to life in the context of unlawful death sentences and executions.

This report focuses on: states that receive migrant workers (‘receiving states’), in particular the states that make up the Association of South East Asian Nations or ASEAN (‘South East Asian states’) and the Gulf Cooperation Council (‘Gulf states’), and on states from which migrant workers travel to work (‘sending states’).

  • Document type NGO report
  • Countries list Indonesia / Malaysia / Nigeria / Pakistan / Saudi Arabia
  • Themes list Fair Trial / Legal Representation / Women

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)

DPIC Special Report: The Innocence Epidemic

By Death Penalty Information Center, on 20 July 2022


2022

NGO report

Innocence

United States


More details See the document

A Death Penalty Information Center Analysis of 185 Death-Row Exonerations Shows Most Wrongful Convictions Are Not Merely Accidental.

  • Document type NGO report
  • Countries list United States
  • Themes list Innocence

Document(s)

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

on 31 March 2022


2022

NGO report

World Coalition

Philippines


More details Download [ pdf - 320 Ko ]

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

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

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

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

Document(s)

Death Penalty For Drug Offences: Global Overview 2021

on 21 March 2022


2022

NGO report

Drug Offenses


More details See the document

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

  • Document type NGO report
  • Themes list Drug Offenses

Document(s)

Report of the Secretary General: Question of the death penalty 2021 (A/HRC/48/29)

By Office of the High Commissioner for Human Rights (OHCHR), on 15 September 2021


2021

United Nations report

Public Opinion 


More details See the document

The present report is submitted pursuant to decision 18/117 and resolution 42/24 of the Human Rights Council. The report focuses on consequences arising from the lack of transparency in the application and imposition of the death penalty on the enjoyment of human rights.

  • Document type United Nations report
  • Themes list Public Opinion 

Document(s)

Compendium of case law of the European Court of Human Rights on the death penalty and extrajudicial execution

By Jeremy McBride, Council of Europe, on 24 April 2022


2022

International law - Regional body

Legal Representation


More details See the document

The compendium’s aim is to assist national judges, prosecutors and lawyers from the 46 member states of the Council of Europe to deal with extradition or deportation cases when there is a risk of the death penalty being imposed in third countries or of extrajudicial execution. It also aims at enabling legal professionals from countries where the death penalty still exists to develop arguments based upon the reasoning of the case law of the European Court of Human Rights. It contains relevant extracts from the Court’s case law, structured in a user-friendly way.

  • Document type International law - Regional body
  • Themes list Legal Representation

Document(s)

Abolition of the Death Penalty in the Eastern Caribbean and Barbados

on 15 December 2020


2020

Lobbying

Barbados

Trend Towards Abolition


More details Download [ pdf - 2611 Ko ]

Greater Caribbean for Life has launched its educational toolkit to assist activists and organisations as they work toward abolishing the death penalty in the Greater Caribbean. The production of this toolkit forms part of GCL’s activities under its EU partnered project to educate on death penalty abolition in the Eastern Caribbean and Barbados.

The launch of the toolkit is timely as a few of these target countries recently voted against adopting the UN Moratorium on the use of the death penalty and countries that had previously chosen to abstain have now firmly voted against the resolution.

GCL members condemn the rise of violent crime in our region and express solidarity and compassion with the victims of crime, however, we reject the notion that capital punishment will act as a deterrent or foster respect for life in our communities.

It is our hope that this toolkit will assist in promoting respect for the right to life for all human beings in the Caribbean region.

  • Document type Lobbying
  • Countries list Barbados
  • Themes list Trend Towards Abolition

Document(s)

Felony Murder: An On-Ramp for Extreme Sentencing

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


2022

NGO report

United States


More details See the document

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

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

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

  • Document type NGO report
  • Countries list United States

Document(s)

Zimbabwe – Universal Periodic Review – Death Penalty – July 2021

By Eleos Justice, Monash University, on 15 July 2021


2021

NGO report

World Coalition

Zimbabwe


More details Download [ pdf - 271 Ko ]

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

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

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

Document(s)

European Court for Human Rights cases involving the death penalty

By European Court for Human Rights Press Unit, on 24 June 2022


2022

International law - Regional body

Regional body report

Cruel, Inhuman and Degrading Treatment and Punishment

Death Row Conditions 

Fair Trial


More details See the document

“[T]he [European Court of Human Rights] in Öcalan did not exclude that Article 2 [of the European Convention on Human Rights, protecting the right to life,] had already been amended so as to remove the exception permitting the death penalty. Moreover, … the position has evolved since then. All but two of the Member States have now signed Protocol No. 13 [to the Convention, concerning the abolishment of the death penalty in all circumstances,] and all but three of the States which have signed have ratified it. These figures, together with consistent State practice in observing the moratorium on capital punishment, are strongly indicative that Article 2 has been amended so as to prohibit the death penalty in all circumstances. Against this background, the Court does not consider that the wording of the second sentence of Article 2 § 1 continues to act as a bar to its interpreting the words ‘inhuman or degrading treatment or punishment’ in Article 3 [of the Convention, prohibiting torture and inhuman or degrading treatment,] as including the death penalty …” (Al-Saadoon and Mufdhi v. the United Kingdom judgment of 2 March 2010, § 120).

  • Document type International law - Regional body / Regional body report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions  / Fair Trial

Document(s)

Death Penalty in India – Annual Statistics Report 2021

By Project 39A, on 4 February 2022


2022

Academic report

India


More details See the document

Project 39A at the National Law University, Delhi published the sixth edition of the Death Penalty in India: Annual Statistics Report which provides an annual update on the use of the death penalty in India along with legislative and international developments on the issue. As on 31st December 2021, there were 488 prisoners on death row across India (a steep rise of nearly 21% from 2020), with Uttar Pradesh having the highest number at 86. This is the highest the death row population has been since 2004 as per the data from the Prison Statistics published by the National Crime Records Bureau.

  • Document type Academic report
  • Countries list India

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


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)

Uganda – Universal Periodic Review – Death Penalty – July 2021

on 21 July 2021


2021

NGO report

World Coalition

Uganda


More details Download [ pdf - 336 Ko ]

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

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

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

Document(s)

2021 World Day Report

on 10 June 2022


2022

World Coalition

Women

fr
More details Download [ pdf - 4154 Ko ]

On 10 October 2021, the World Coalition and abolitionists around the world celebrated the 19th World Day Against the Death Penalty (‘World Day’). Every year on World Day, the World Coalition highlights one problematic aspect of the Death Penalty. In 2021, the World Day explored the theme “Women sentenced to death, an invisible reality” to raise awareness on how the treatment of gender and gender-based inequalities create particularly precarious conditions for women sentenced to capital punishment. This report presents the activities organised for the 19th World Day and the media coverage it received.

Document(s)

Detailed Factsheet – World Day 2022

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


2022

World Coalition

fr
More details Download [ pdf - 893 Ko ]

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

Document(s)

Mobilization Kit World Day 2022

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


2022

World Coalition

fr
More details Download [ pdf - 892 Ko ]

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

Document(s)

The death penalty and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment

on 21 August 2021


2021

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment

fr
More details See the document

The signatory organizations are convinced that the death penalty is incompatible with the prohibition of torture and cruel, inhuman or degrading treatment or punishment, which is a peremptory norm of international law (jus cogens) and should thus be abolished. The death penalty is only tolerated by international law and standards to the extent that it may only be imposed for the most serious crimes and applied in a way that causes the least possible suffering. However, the signatory organizations believe that from the sentencing to the execution, the death penalty inevitably causes physical harm and psychological suffering amounting to torture or ill-treatments.

The present position paper documents the extent to which international and regional organisation have already recognised a violation of the absolution prohibitionof torture in the application and imposition of the death penalty.

Document(s)

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

on 31 January 2022


2022

NGO report

World Coalition

Malawi

Women


More details Download [ pdf - 311 Ko ]

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

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

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

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

Document(s)

The Mercy Workers, Death Penalty Mitigation Specialists

By Maurice Chammah, The Marshall Project, on 2 March 2023


2023

Article

Legal Representation

United States


More details See the document

For three decades, a little-known group of “mitigation specialists” has helped save death-penalty defendants in the USA by documenting their childhood traumas. A rare look inside one case.

  • Document type Article
  • Countries list United States
  • Themes list Legal Representation

Document(s)

Roper and Race: the Nature and Effects of Death Penalty Exclusions for Juveniles and the “Late Adolescent Class”

By Craig Haney, Frank R. Baumgartner and Karen Steele, on 20 October 2022


2022

Academic report

United States


More details See the document

In Roper v. Simmons (2005), the US Supreme Court raised the minimum age at which someone could be subjected to capital punishment, ruling that no one under the age of 18 at the time of their crime could be sentenced to death. The present article discusses the legal context and rationale by which the Court established the current age-based limit on death penalty eligibility as well as the scientific basis for a recent American Psychological Association Resolution that recommended extending that limit to include members of the “late adolescent class” (i.e., persons from 18 to 20 years old). In addition, we present new data that address the little-discussed but important racial/ethnic implications of these age-based limits to capital punishment, both for the already established Roper exclusion and the APA-proposed exclusion for the late adolescent class. In fact, a much higher percentage of persons in the late adolescent class who were sentenced to death in the post-Roper era were non-White, suggesting that their age-based exclusion would help to remedy this problematic pattern.

  • Document type Academic report
  • Countries list United States

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)

Kenya – Committee Against Torture – Death Penalty – March 2022

on 18 March 2022


2022

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment


More details Download [ pdf - 393 Ko ]

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

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

Document(s)

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

By The Maldivian Democracy Network (MDN) , on 21 July 2022


2022

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment

Maldives


More details Download [ pdf - 1443 Ko ]

This report addresses the Maldives’ compliance with its human rights obligations with respect to the death penalty. Despite its long-standing, de facto moratorium on executions, the Maldives sentenced two people to death in 2019, after sentencing no one to death in 2018.[1] At the end of 2019, there were 19 people on death row in the Maldives – three of whom had exhausted their appeals and five of whom were juveniles when the crime was committed.[2] The Maldives sentenced another individual to death in 2022, which represented the first time the country sentenced a foreign national to death.[3] The continued use of the death penalty in sentencing is particularly concerning given evidence of due process violations, including the use of torture to obtain confessions, the lack of effective and accessible complaint mechanisms for detained individuals, the lack of an independent judiciary, and the use of the death penalty as a sentence for crimes committed by juveniles.

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

Document(s)

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

on 12 January 2022


2022

NGO report

World Coalition

Uganda

Women


More details Download [ pdf - 243 Ko ]

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

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

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

Document(s)

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

on 20 September 2021


2021

NGO report

World Coalition

Maldives


More details Download [ pdf - 263 Ko ]

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

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

Document(s)

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


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 Part One – Opinion Formers: An Appetite for Change

By Carolyn Hoyle - The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, on 28 June 2021


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)

Estimating the effect of death penalty moratoriums on homicide rates using the synthetic control method

By Stephen N. Oliphant, on 18 September 2022


2022

Academic report

Moratorium

United States


More details See the document

Research examining death penalty deterrence has been characterized as inconclusive and uninformative. The present analysis heeds a recommendation from prior research to examine single-state changes in death penalty policy using the synthetic control method. Data from the years 1979–2019 were used to construct synthetic controls and estimate the effects of death penalty moratoriums on homicide rates in Illinois, New Jersey, Washington, and Pennsylvania. Moratoriums on capital punishment resulted in nonsignificant homicide reductions in all four states.

  • Document type Academic report
  • Countries list United States
  • Themes list Moratorium

Document(s)

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

By RACOPEM, ACAT Cameroun, on 21 March 2020


2020

NGO report

World Coalition

Cameroon


More details Download [ pdf - 1898 Ko ]

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

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

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

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

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

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

Document(s)

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

on 12 January 2022


2022

NGO report

World Coalition

Lebanon

Women


More details Download [ pdf - 1599 Ko ]

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

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

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

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

Document(s)

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

on 21 July 2022


2022

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment

Tunisia


More details See the document

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

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

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

Document(s)

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

on 20 September 2021


2021

NGO report

World Coalition

Women

Yemen


More details Download [ pdf - 272 Ko ]

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

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

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

Document(s)

‘Upholding the Cause of Civilization’: The Australian Death Penalty in War and Colonialism

By Mark Finnane, on 1 September 2022


2022

Academic report

Australia


More details See the document

The abolition of the death penalty in Queensland in 1922 was the first in Australian jurisdictions, and the first in the British Empire. However, the legacy of the Queensland death penalty lingered in Australian colonial territories. This article considers a variety of practices in which the death penalty was addressed by Australian decision-makers during the first half of the 20th century. These include the exemption of Australian soldiers from execution in World War I, use of the death penalty in colonial Papua and the Mandate Territory of New Guinea, hanging as a weapon of war in the colonial territories, and the retrieval of the death penalty for the punishment of war crimes. In these histories, we see not only that the Queensland death penalty lived on in other contexts but also that ideological and political preferences for abolition remained vulnerable to the sway of other historical forces of war and security.
This article was first pubished in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list Australia

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


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)

Testimonies tool – World Day 2022

By the World Coalition Against the Death Penalty, on 28 June 2022


2022

World Coalition

fr
More details Download [ pdf - 764 Ko ]

The World Coalition and its members have collected testimonies of victims of torture in the death penalty. Confessions, death row phenomenon, moments before the execution, psychological torture of those not sentenced to death, methods of execution. Read the stories of these victims.
We thank all those who agreed to share their testimonies and their stories.

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)

Leaflet – World Day 2022

By the World Coalition Against the Death Penalty, on 24 June 2022


2022

World Coalition

arfr
More details Download [ pdf - 1780 Ko ]

Leaflet for the 20th World Day against the death penalty (2022), on torture and the death penalty.

Document(s)

UN Special Procedures toolkit – World Day 2022

By FIACAT and the World Coalition Against the Death Penalty, on 26 September 2022


2022

World Coalition

fr
More details Download [ pdf - 335 Ko ]

There are several ways in which individuals and non-governmental organizations (NGOs) can work with the UN to report human rights violations. One way is through the special procedures of the UN Human Rights Council (HRC). Find out how to work with them here.

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)

Co-Sponsorship, Note Verbale, and Association Behaviour at the Unga: An Analysis of the Death Penalty Moratorium Resolutions

By Daniel Pascoe & Sangmin Bae, on 22 April 2021


2021

Academic report

Moratorium


More details See the document

Since December 2007, seven resolutions in favour of a universal moratorium on death penalty executions have been adopted by the UN General Assembly. In an earlier paper (Pascoe and Bae 2020) we examined UN member states’ voting patterns over these seven resolutions, asking why some countries vote in a manner seemingly contradictory to their domestic death penalty practices. With a slightly different focus, we now further explore idiosyncratic state behaviour, this time through an analysis of co-sponsorship and the note verbale of dissociation. Our assumption is that states which plan to vote ‘yes’ in the plenary will also co-sponsor the resolution beforehand. We also presume that states which vote ‘no’ in the plenary will sign the note verbale invariably circulated several months later, as a further means of condemnation.

However, when it comes to the moratorium resolutions, not all member states fit into either of these binary categories. Many countries situate themselves in between the two groups of ‘genuine’ supporters and opponents. These countries in the middle evince inconsistency between their plenary votes and what we term their ‘association behaviour’ before or after the plenary, consisting of co-sponsorship and adherence to the note verbale. This paper analyses these groups of countries to determine the underlying causes for their ambivalent, or even contradictory, positions concerning the moratorium resolutions. The findings of this research stand to enrich not only the academic literature on international organizations, but also to inform the campaigning efforts of abolitionist UN member states and non-governmental organizations.

  • Document type Academic report
  • Themes list Moratorium

Document(s)

Palestine – Committee Against Torture – Death Penalty – June 2022

on 21 July 2022


2022

NGO report

World Coalition

State of Palestine


More details Download [ pdf - 1747 Ko ]

The State of Palestine on 1 April 2014 ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On 28 December 2017, the State of Palestine signed the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On 18 March 2019, the State of Palestine also ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which aims to abolish the death penalty. The State of Palestine has not yet abolished the death penalty. Indeed-as described herein-the 14 June 2007 split in power between the Palestinian Authority in Ramallah in the West Bank under President Abbas, and the Hamas movement in Gaza, has been followed by many documented executions in Gaza without the requisite signature of President Abbas, and Gazan military courts conduct trials of civilians, where they can be sentenced to death.

This report considers the prevalence of torture and other issues ancillary to the death penalty itself: confessions under torture or degrading treatment, due process, access to legal counsel, death-row conditions, and methods of execution.

  • Document type NGO report / World Coalition
  • Countries list State of Palestine

Document(s)

Philippines – Committee on the Elimination of Discrimination Against Women – Death Penalty – June 2022

on 21 July 2022


NGO report

Philippines

Women


More details Download [ pdf - 443 Ko ]

The Government of the Philippines has taken commendable steps toward protecting and promoting the rights of women overseas Filipino workers (OFWs), but those workers remain vulnerable to exploitation and abuse, and when they come into conflict with the law in their host countries, their vulnerabilities are compounded by linguistic and legal barriers, as well as judicial systems which fail to account for the gendered context in which they allegedly committed criminal acts. The Government of the Philippines should do more to ensure protection of the rights of these women OFWs, particularly when they are at risk of being sentenced to death.

  • Document type NGO report
  • Countries list Philippines
  • Themes list Women

Document(s)

Ethiopia – Committee Against Torture (LOI) – Death Penalty – June 2022

on 21 July 2022


NGO report

World Coalition

Ethiopia


More details Download [ pdf - 1447 Ko ]

This report addresses Ethiopia’s compliance with its human rights obligations with regard to the death penalty. Although there are currently at least 147 people on death row in Ethiopia, the country has not carried out any executions during the reporting period and has also pardoned and released 41 additional death row inmates since that time.[1] The Federal Supreme Court of Ethiopia has also issued sentencing guidelines that purport to further reduce the likelihood of persons being sentenced to death as a punishment for their crimes.[2] Nonetheless, Ethiopia has not taken concrete steps to reduce the number of crimes eligible for the death penalty, and the use of torture and other due process violations related to judicial proceedings render all death sentences arbitrary.

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

Document(s)

Qatar – Human Rights Committee – Death Penalty – January 2022

on 31 January 2022


2022

NGO report

World Coalition

Qatar


More details Download [ pdf - 236 Ko ]

Qatar had been maintaining a de facto moratorium on executions since 2000, but courts continued to sentence people to death. In 2020, however, Qatar executed a Nepali migrant worker by firing squad. Qatar’s death penalty practices are not in compliance with the Covenant. Qatar does not limit the death penalty to the most serious crimes, it is not taking steps toward a de jure moratorium on executions or ratification of the Second Optional Protocol, and it does not ensure that defendants in capital cases have a fair trial. Recent history suggests that a migrant worker may be more likely to be sentenced to death and executed for killing a Qatari national, as opposed to a non-citizen. Migrant workers are particularly vulnerable in the context of the country’s criminal legal system.

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

Document(s)

Ambivalent Abolitionism in the 1920s: New South Wales, Australia

By Carolyn Strange, on 1 September 2022


2022

Academic report

Australia


More details See the document

In the former penal colony of New South Wales (NSW), a Labor government attempted what its counterpart in Queensland had achieved in 1922: the abolition of the death penalty. Although NSW’s unelected Legislative Council scuttled Labor’s 1925 bill, the party’s prevarication over capital punishment and the government’s poor management of the campaign thwarted abolition for a further three decades. However, NSW’s failure must be analysed in light of ambivalent abolitionism that prevailed in Britain and the US in the postwar decade. In this wider context, Queensland, rather than NSW, was the abolitionist outlier.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list Australia

Document(s)

Trapped Inside: Mental Illness & Incarceration

on 25 March 2022


2022

NGO report

Mental Illness

Pakistan


More details See the document

Pakistan’s criminal justice system fails to provide meaningful protection to persons suffering from mental illness at all stages of arrest, trial, sentencing and detention. Under Pakistani law, a person of unsound mind is unable to form criminal intent and therefore is not subject to punishment. Despite this, a disproportionate number of mentally ill prisoners are currently in Pakistan’s jails and on death row.

In light of the above, JPP, in collaboration with Monash University Australia, is launching a report titled “Trapped Inside: Mental Illness & Incarceration”, a comprehensive review of Pakistani law and practice with regards to mentally ill prisoners and defendants. This report seeks to help relevant stakeholders to better understand and respond appropriately to the mental health needs of individuals across the criminal justice system. It focuses on the steps stakeholders can take to promote and protect mental health and well-being of individuals at each stage. The report also explores last year’s landmark ‘Safia Bano’ judgement by Pakistan’s Supreme Court, which commuted the death sentences of two mentally ill death row prisoners, banned the execution of prisoners with psycho-social disabilities and set key safeguards for the same.

  • Document type NGO report
  • Countries list Pakistan
  • Themes list Mental Illness

Document(s)

Deeply Rooted: How Racial History Informs Oklahoma’s Death Penalty

By Death Penalty Information Center, on 14 October 2022


2022

Article

United States


More details See the document

These individual cases illustrate issues found in systemic reviews of the state’s death penalty system. In 2017, a bipartisan commission that included former prosecutors, defense lawyers, judges, citizens, crime victim advocates, and law professors found that the state’s capital punishment system created “unacceptable risks of inconsistent, discriminatory, and inhumane application of the death penalty.” In an extensively researched report, the commission recommended a moratorium on executions until reforms were made. Five years later, Oklahoma has enacted “virtually none” of the suggested reforms.

  • Document type Article
  • Countries list United States

Document(s)

Politics of International Advocacy Against the Death Penalty: Governments as Anti–Death Penalty Crusaders

By Mai Sato, on 1 September 2022


2022

Academic report


More details See the document

Two-thirds of the countries worldwide have moved away from the death penalty in law or in practice, with global and regional organisations as well as individual governments working towards universal abolition. This article critically examines the narratives of these abolitionist governments that have abolished the death penalty in their country and have adopted the role of ‘moral crusaders’ (Becker 1963) in pursuit of global abolition. In 2018, the Australian Government, while being surrounded by retentionist states in Asia, joined the anti–death penalty enterprise along with the European Union, the United Kingdom and Norway. Using the concepts of ‘moral crusader’ (Becker 1963) and ‘performativity’ (Butler 1993), this article argues that advocacy must be acted on repeatedly for governments to be anti–death penalty advocates. Otherwise, these government efforts serve political ends in appearance but are simply a self-serving form of advocacy in practice.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report

Document(s)

Legislative Expansion and Judicial Confusion: Uncertain Trajectories of the Death Penalty in India

By Anup Surendranath and Maulshree Pathak, on 1 September 2022


Academic report

India


More details See the document

The numbers and the politics of the death penalty in India tell very different stories, presenting complicated narratives for its future. The public reaction to instances of sexual violence and other offences over the last decade and the consequent political response has significantly strengthened the retention and expansion of the death penalty. This is reflected from the fact that that of all the death sentences that district courts impose, only about 5 percent get confirmed in India’s appellate system. However, does this mean there is growing scepticism about the death penalty in the Supreme Court of India? Unfortunately, the answer is far from simple. An assessment of the death penalty in India’s appellate courts during the last decade will demonstrate that a crime-centric approach has hindered any principled discomfort with the death penalty or the manner of its administration. In particular, the Supreme Court has faltered in high-profile death sentence cases (i.e., offences against the state and sexual violence cases), and its track record of commutations has very little to do with principled considerations on sentencing. This paper argues that the political and judicial imagination of the death penalty, as a necessary part of the response to crime, creates significant and unique challenges for the path towards abolition.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list India

Document(s)

Framing Death Penalty Politics in Malaysia

By Thaatchaayini Kananatu, on 1 September 2022


Academic report

Malaysia


More details See the document

The death penalty in Malaysia is a British colonial legacy that has undergone significant scrutiny in recent times. While the Malaysian Federal Constitution 1957 provides that ‘no person shall be deprived of his life or personal liberty save in accordance with law’, there are several criminal offences (including drug-related crimes) that impose the mandatory and discretionary death penalty. Using Benford and Snow’s framing processes, this paper reviews death penalty politics in Malaysia by analysing the rhetoric of abolitionists and retentionists. The abolitionists, comprising activist lawyers and non-government organisations, tend to use ‘human rights’ and ‘injustice’ frames, which humanise the ‘criminal’ and gain international support. The retentionists, such as victims’ families, use a ‘victims’ justice’ frame emphasising the ‘inhuman’ nature of violent crimes. In addition, the retentionist state shifts between ‘national security’ and ‘national development’ frames. This paper finds that death penalty politics in Malaysia is predominantly a politics of framing.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list Malaysia

Document(s)

Cuba – Committee Against Torture – Death Penalty – March 2022

on 21 March 2022


2022

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment

Cuba


More details Download [ pdf - 250 Ko ]

Cuba has maintained a de facto moratorium on the imposition of the death penalty since its last reported execution in 2003. In 2010, Cuba’s Supreme Court commuted the death sentence of Cuba’s last remaining death row inmate. As of the date of this report, there is no record of an individual currently sentenced to death. Although a de facto moratorium is in place, Cuba has not committed to a de jure abolition of the death penalty, citing national security concerns.

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

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)

Holdouts in the South Pacific: Explaining Death Penalty Retention in Papua New Guinea and Tonga

By Daniel Pascoe and Andrew Novak, on 1 September 2022


2022

Academic report

Papua New Guinea

Tonga


More details See the document

The South Pacific forms a cohesive region with broadly similar cultural attributes, legal systems and colonial histories. A comparative analysis starts from the assumption that these countries should also have similar criminal justice policies. However, until 2022, both Papua New Guinea and Tonga were retentionist death penalty outliers in the South Pacific, a region home to seven other fully abolitionist members of the United Nations. In this article, we use the comparative method to explain why Papua New Guinea and Tonga have pursued a different death penalty trajectory than their regional neighbours. Eschewing the traditional social science explanations for death penalty retention, we suggest two novel explanations for ongoing retention in Papua New Guinea and Tonga: the law and order crisis in the former and the traditionally powerful monarchy in the latter.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list Papua New Guinea / Tonga

Document(s)

Death Penalty Politics: The Fragility of Abolition in Asia and the Pacific

By Mark Finnane, Mai Sato and Susan Trevaskes, on 1 September 2022


Academic report


More details See the document

Despite a steady increase worldwide in the number of states that have abolished the death penalty, capital punishment remains a troubling presence in the international order. The world’s leading powers in terms of economics and population include the retentionist states of China, India, Japan and the United States of America (USA). It seems there is no linear path to abolition, and its achievement is indeterminate. Yet, in international human rights law, death penalty abolition is a powerful norm embraced by half the countries across the world. While the majority of death penalty research has emanated from and focuses on the USA, well over 90 per cent of global executions occur in Asia, which lags behind the global trend towards abolishing the death penalty. Our symposium and this collection seek to bring perspectives from a variety of disciplines and methods—historical, legal, sociological, comparative— to bear on the questions of retention and abolition in a variety of jurisdictions and time periods.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report

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)

Iraq – Committee Against Torture – Death Penalty – March 2022

on 18 March 2022


2022

NGO report

World Coalition

Iraq


More details Download [ pdf - 250 Ko ]

This report provides an update to the coauthors’ report at the List of issues stage and responds to the State party’s responses to the Committee’s questions in the List of issues that touch on the death penalty.

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

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)

International Law and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report


More details See the document

The use of capital punishment has been an issue addressed by international human rights law since the earliest days of the United Nations. The Universal Declaration of Human Rights, adopted by the General Assembly in 1948, and an instrument widely recognised as the gold standard for human rights, affirms the right to life and the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The Death Penalty Project produced this resource on international law and the death penalty.

  • Document type NGO report

Document(s)

Women and the Death Penalty in Iran

By Iran Human Rights, on 8 October 2021


2021

NGO report

Iran (Islamic Republic of)

Women


More details See the document

In observation of the 2021 World Day Against the Death Penalty dedicated to women, Iran Human Rights is providing a report on the women executed in Iran over the last 12 years (2010-2021). The executions in this period are by no means representative of the Islamic Republic of Iran’s complete history of executing women; the number of female political prisoners executed in the 1980s must be acknowledged due to their sheer volume and abhorrent nature. But even today, there is ample evidence of their cruel and inhuman treatment of female prisoners, which will be highlighted in this report.

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

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)

Carrying out executions took a secret toll on workers — then changed their politics

By Chiara Eisner, on 16 November 2022


2022

Article

United States


More details See the document

Most of the workers NPR interviewed reported suffering serious mental and physical repercussions. But only one person said they received any psychological support from the government to help them cope. The experience was enough to shift many of their perspectives on capital punishment. No one who NPR spoke with whose work required them to witness executions in Virginia, Nevada, Florida, California, Ohio, South Carolina, Arizona, Nebraska, Texas, Alabama, Oregon, South Dakota or Indiana expressed support for the death penalty afterward, NPR found.

  • Document type Article
  • Countries list United States

Document(s)

Silently Silenced: State-Sanctioned Killing of Women

By Eleos Justice, Cornell Center on the Death Penalty Worldwide , on 30 March 2023


2023

Academic report

Women


More details See the document

Silently Silenced: State-Sanctioned Killing of Women examines States’ involvement in ‘feminicide’. Feminicide is understood as the gender-motivated killing of women and girls that States actively engage in, condone, excuse, or fail to prevent. We use the term ‘feminicide’ to refer to the various forms of State-sanctioned killing of women and girls. In this report, we outline States’ direct involvement and complicity in the killings of women and girls and explain these deaths as a product of gendered forms of structural violence upheld and sustained by the State. We examine 3 types of feminicide: gender- related killings of women directly perpetrated by the State, such as the death penalty and extrajudicial killings; gender-related killings of women committed by non-State actors that are excused or condoned by the State; and gender-related killings of women that the State failed to prevent.

  • Document type Academic report
  • Themes list Women