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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 2023
By Iran Human Rights (IHRNGO) with the support of ECPM (Together Against the Death Penalty), on 14 March 2024
2024
NGO report
Iran (Islamic Republic of)
More details See the document
Published on March 5, 2024
This report has been drafted by Iran Human Rights (IHRNGO) with the support of ECPM (Together Against the Death Penalty). Since 2012, Iran Human Rights and ECPM have been working together for the publication, international release and distribution of annual reports on the death penalty in Iran.
The 16th annual report on the death penalty by Iran Human Rights and ECPM (Together Against the Death Penalty) provides an assessment and analysis of the 2023 death penalty trends in 2023 in the Islamic Republic of Iran. It sets out the number of executions in 2023, the trend compared to previous years, the legislative framework and procedures, charges, geographic distribution and a monthly breakdown of executions. Lists of the female and juvenile offenders executed in 2023 are also included in the tables. The report also looks into the abolitionist movement within Iran, including the forgiveness movement and its contribution to reducing the use of the death penalty, and provides analysis on how the international community can contribute to limiting the scope of the death penalty in Iran. The 2023 report is the result of hard work from Iran Human Rights members and supporters who took part in reporting, documenting, collecting, analysing and writing of its contents. We are especially grateful to Iran Human Rights sources inside Iran who incur a significant risk by reporting on unannounced and secret executions in prisons of 30 different provinces. Due to the very difficult context, the lack of transparency and the obvious risks and limitations that human rights defenders face in the Islamic Republic of Iran, this report does not give a complete picture of the use of the death penalty in Iran by any means. There are 46 reported executions which are not included in this report due to a lack of sufficient details or an inability to confirm cases through two different sources. However, it aims to provide the most complete and realistic figures possible in the present circumstances. The current report does not include suspicious deaths in custody, death row prisoners who died in prison before the executions or those killed under torture. ECPM supports the elaboration, editing process, publishing and distribution of this report in the framework of its international advocacy work against the death penalty. The problems of transparency on the data and information about the death penalty in Iran should be overcome by a strong strategy of distribution and dissemination. The overall objectives of this report for Iran Human Rights and ECPM are to call attention to and publicise the facts, in order to change national and international views on the situation of the death penalty in Iran, first executioner country in the world.
- Document type NGO report
- Countries list Iran (Islamic Republic of)
Document(s)
Annual Report on The Death Penalty In Iran 2021
on 28 April 2022
2022
NGO report
Iran (Islamic Republic of)
frMore 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 type NGO report
- Countries list Iran (Islamic Republic of)
- Available languages Rapport annuel sur la peine de mort en Iran 2021
Document(s)
From Advocacy To Abolition: How The Universal Periodic Review Can Shape The Trajectory Of The Abolition Of The Death Penalty
By Amy Bergquist, California Western, School of Law, on 1 February 2024
2024
Academic Article
Trend Towards Abolition
More details See the document
Published in 2023.
This article assesses whether there is evidence to suggest that the UPR can influence the timing of a country’s decision to abolish the death penalty. The evidence arises out of the examination of thirty case studies of countries that abolished the death penalty, or ratifiedthe leading treaty calling for abolition. This article concludes that in some circumstances the UPR does appear to influence that timing. These conclusions can assist civil society organizations as they refine their advocacy to encourage more countries to abolish the death penalty.
Part I of this article offers an introduction to the global abolitionist movement and two of its advocacy targets: the U.N. Human Rights Council and the UPR. Part II makes the case for focusing on the UPR to assess the efficacy of U.N. advocacy. Part III describes the process of abolition and offers several theories as to how the UPR might influence a country’s trajectory toward abolition. Part IV sets out the study’s methodology and encompasses the analysis of the case studies, focusing first on countries that have abolished the death penalty early in a UPR cycle, then on countries that have abolished at mid-cycle, and finally on countries that have abolished during the tail end of the cycle. The conclusion discusses the implications of these findings for civil society organizations working toward abolition of the death penalty.
- Document type Academic Article
- Themes list Trend Towards Abolition
Document(s)
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
ruMore details See the document
This paper updates The Death Penalty in the OSCE Area: Background Paper 2020. It is intended to provide a concise update to highlight changes in the status of the death penalty in OSCE participating States since the previous publication and to promote constructive discussion of the issue. It covers the period from 1 April 2020 to 31 March 2021. Special Focus: The road to abolition in selected OSCE participating States
- Document type Regional body report
- Countries list Belarus / United States
- Available languages Смертная казнь в регионе ОБСЕ, Справочный документ 2021 года
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
ruMore 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 type Regional body report
- Countries list Belarus / United States
- Available languages Смертная казнь в регионе ОБСЕ: Справочный документ 2020 года
Document(s)
Amnesty International Global Report : Death Sentences and Executions 2021
on 25 May 2022
2022
NGO report
aresfrMore 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 type NGO report
- Available languages التقرير العالمي لمنظمة العفو الدولية أحكام وعمليات الإعدام في 2021Condenas A Muerte Y Ejecuciones 2021Condamnations à mort et exécutions 2021
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
arfrMore 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 type NGO report
- Countries list 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
- Available languages مسارمإلغاء عقوبة الإعدافي الدول الأعضاءفي منظمة التعاونالإسلاميLes processus d’abolition de la peine de mort dans les États membres de l’Organisation de la coopération islamique (OCI)
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
NGO report
Kenya
Public Opinion
More details See the document
In 2021, The Death Penalty Project and the Kenya National Commission on Human Rights, in partnership with the Australian National University commissioned Prof. Carolyn Hoyle, Director of The Death Penalty Research Unit, at the University of Oxford, to undertake research in order to provide accurate data on attitudes towards the death penalty in Kenya and facilitate a constructive conversation on the future of capital punishment. The research examined the views of both the general public in Kenya and also opinion formers, those considered influential in shaping, and responding to, national views.
Key findings :
– The vast majority of opinion formers that took part in the interviews were in favour of abolishing the death penalty.
– 90% of opinion formers were in favour of abolishing the death penalty
– 82% of opinion formers were strongly in favour of of abolishing the death penalty
– Most of the opinion formers interviewed were very well informed on the administration of the death penalty in Kenya.
– Across both groups there were concerns around the possibility that innocent people could be sentenced to death.
– 88% of opinion formers believe wrongful convictions occur fairly regularly
– 93% of opinion formers thought Kenya should be influenced by high rates of abolition around the world
– Opinion formers believed that 75% of the public would accept abolition of the death penalty, despite initial reservations.
- Document type NGO report
- Countries list Kenya
- Themes list Public Opinion
Document(s)
The Illusion of Heightened Standards in Capital Cases
By Anna VanCleave, University of Connecticut - School of Law, on 25 January 2024
2024
Article
Fair Trial
United States
More details See the document
Published on April 3, 2023.
The death penalty has gained its legitimacy from the belief that capital prosecutions are more procedurally rigorous than noncapi-tal prosecutions. This Article reveals how a project of heightened capital standards, set in motion when the Supreme Court ended and then revived the death penalty, was set up to fail.
In establishing what a constitutional death penalty would look like, the Court in 1976 called for heightened standards of reliability in capital cases. In the late 1970s and early 80s, the Supreme Court laid out specific constitutional procedures that must be applied in capital cases, and left the door open for the Eighth Amendment to do even more. In the decades that followed, state and federal courts have fueled a perception of heightened procedural rigor in capital cases by referring repeatedly to the heightened standards applica-ble in capital cases.
- Document type Article
- Countries list United States
- Themes list Fair Trial
Document(s)
The Death Penalty in Kenya: A Punishment that has Died Out in Practice, Part One – A Public Ready to Accept Abolition
on 15 June 2022
2022
NGO report
Kenya
Public Opinion
More details See the document
In 2021, The Death Penalty Project and the Kenya National Commission on Human Rights, in partnership with the Australian National University commissioned Prof. Carolyn Hoyle, Director of The Death Penalty Research Unit, at the University of Oxford, to undertake research in order to provide accurate data on attitudes towards the death penalty in Kenya and facilitate a constructive conversation on the future of capital punishment. The research examined the views of both the general public in Kenya and also opinion formers, those considered influential in shaping, and responding to, national views.
Key findings:
– 40% in favour of abolishing the death penalty, 10% did not know either way
– 51% in favour of retaining the death penalty, only 32% strongly in favour
– Those against the death penalty believed that criminals deserved the opportunity for rehabilitation.
– Knowledge of the death penalty appears to be limited, just 66% were aware Kenya retains the death penalty and just 21% knew no executions had take place in the past 10 years
– The public expressed concerns around the possibility that innocent people could be sentenced to death: 61% of the public – including retentionists – thought that ‘many’ or ‘some’ innocent people have been sentenced to death in Kenya; only 8% thought that ‘no innocent people have been sentenced to death’
– Public support fell from 51% to 31% when considering abolition in the region
59% of the public, who were initially in favour of retention, said that they would accept a new policy of abolition
- Document type NGO report
- Countries list Kenya
- Themes list Public Opinion
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)
Special issue: a decade-long review of the death penalty for drug offences
By Harm Reduction International, on 7 May 2024
2024
NGO report
Drug Offenses
More details See the document
This report builds on the pioneering work HRI has been doing since its first ‘The Death Penalty for Drug Offences: Global Overview (‘Global Overview’) in 2007. It analyses how the landscape of the death penalty for drug offences has shifted in the last decade, looking at the main trends regarding people on death row, death sentences and executions for drug offences, as well as key developments at national and international level in the period between 2014 and 2023.
- Document type NGO report
- Themes list Drug Offenses
Document(s)
“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
frMore 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(s)
Gender Matters: Women on Death Row in the United States
By Sandra Babcock, Nathalie Greenfield, Kathryn Adamson, Cardozo Law Review , on 24 April 2024
2024
Academic report
Gender
United States
Women
More details See the document
This article presents a comprehensive study of 48 persons sentenced to death between 1990 and 2023 who presented as women at the time of their trials. This research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence and prior involvement with the criminal legal system. This report also explore the nature of the women’s crimes of conviction, including the role of male co-defendants and the State’s use of aggravating factors. Finally, it reveals for the first time the extent to which capital prosecutions are dominated by men—including judges, elected District Attorneys, defense attorneys, and juror forepersons—and explain why gender matters in determining who lives and who dies
- Document type Academic report
- Countries list United States
- Themes list Gender / Women
Document(s)
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)
Guess Who’s Coming to Jury Duty? How the Failure to Collect Juror Demographic Data Contributes to Whithewashing the Jury Box
By Berkeley Law Death Penalty Clinic , on 30 April 2024
2024
Academic report
United States
More details See the document
Published on February 2024.
Founded in 2001, the Berkeley Law Death Penalty Clinic seeks justice for individuals facing capital punishment by providing high-quality representation and offers students a rich opportunity for meaningful, hands-on experience in high stakes, complex litigation. The clinic also tackles problems endemic to the administration of the death penalty and the criminal legal system.
The report continues the clinic’s racial justice research and advocacy by cataloging the states that gather prospective jurors’ self-identified race and ethnicity and those that do not. It examines what courts do with the information, including whether it is provided to the court and counsel for use during jury selection, and the consequences of these choices in furthering or obstructing jury representativeness and diversity. In particular, the report shows why the collection of prospective jurors’ self-identified race and ethnicity is vital to meeting state and federal fair cross-section guarantees and eliminating the discriminatory exercise of peremptory challenges.
- Document type Academic report
- Countries list United States
Document(s)
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)
Initiatives World Day 2006
By World Coalition against the death penalty , on 10 October 2006
2006
Campaigning
Trend Towards Abolition
frMore details See the document
Initiatives World Day 2006
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Initiatives journée mondiale 2006
Document(s)
Educational guide: teaching abolition
By World Coalition against the death penalty , on 10 October 2011
2011
Campaigning
Trend Towards Abolition
frMore details See the document
In 2009, the World Day Against the Death Penalty was
dedicated to the theme “Teaching Abolition”. The World
Coalition developed a teaching guide to be used in
schools throughout the world
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Guide pédagogique: éduquer à l'abolition
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)
Gender, Violence, and the Death Penalty
By Sandra Babcock and Nathalie Greenfield, California Western International Law Journal , on 1 February 2024
2024
Academic Article
Gender
Women
More details See the document
Published in 2023.
This article is the first in a series that will systematically explore how gender has affected the criminal proceedings of women currently on death row. For this inaugural article, we have undertaken the first—and, to our knowledge, only comprehensive analysis of gender-based violence (“GBV”) in the lives of all women currently on death row, examining the prevalence of GBV and how it has shaped the lives and affected the criminal prosecutions of women facing execution. Our research reveals, for the first time, that almost every woman on death row in the United States has experienced GBV. Indeed,the great majority have experienced more than one incident of GBV in their lifetime. Our findings align with previous studies demonstrating that women’s pathways to incarceration are paved with physical, sexual, and psychological abuse. Our research further shows that both in the United States and around the world, defense attorneys frequently fail to present evidence of GBV in women’s capital trials. When they do introduce such evidence, they fail to fully explain the nature of their clients’ victimization and the harm they have suffered as a result. Moreover, prosecutors frequently rely on gendered tropes to discredit women’s accounts of violence such as childhood sexual abuse, rape, and intimate partner violence. Consequently, those who sentence women to die rarely comprehend the extensive trauma that the women have endured throughout their lives, and how that trauma relates to their legal and moral culpability.
- Document type Academic Article
- Themes list Gender / Women
Document(s)
Women and The Death Penalty in Kenya: Essays on the Gendered Perspective of the Death Penalty
on 2 February 2024
2024
NGO report
Death Row Conditions
Fair Trial
Gender
Kenya
Women
More details See the document
This publication seeks to make visible the gender and intersectional discrimination faced by women in the judicial process leading to the death penalty. Through the various articlesin this publication, the authors bring to light the reality of women facing the death penalty through a different lens.
The first author, Shekinah Bright Kiting’a, in making a compelling case for abolition of the death penalty, explores how the death penalty uniquely affects women in the context of motherhood. Further, she highlights the rights and well-being of the children affected by their mothers’ death sentences, revealing flaws in our legal and ethical systems. With the overall aim of advocating for its abolition due to its significant impact on both parenthood and children’s rights, her article seeks to push for reforms that honour motherhood and prioritize children’s well-being in these difficult circumstances.
Kenaya Komba dissects gender disparity in the judicial system by exploring the intersection of domestic violence and the death penalty. In making a case for a restorative approach to justice, her article analyses the impact of capital punishment on victims of domestic violence and the systemic injustice and biases they continue to grapple with. Her elaborate analysis of the Constitution of Kenya, 2010 and the Protection Against Domestic Violence Act, 2016, highlights the urgent need for reform in the legal system.
While Analyzing the role the media plays in shaping perceptions of women on death row, Patricia Chepkirui evaluates the implications of positive and negative media portrayals of such women by highlighting the ethical responsibilities of media in the coverage of women on death row cases. The article ultimately underscores the significance of responsiblemedia coverage in ensuring that media exposure of cases of women on death row is fair,balanced, and respectful of their rights and dignity.
Alex Tamei delves into the intricacies of abuse, gender-based violence, and trauma as mitigating factors in death penalty sentencing for women. His article comparatively analyses two Kenyan cases of murder in retaliation to intimate partner violence, seeking to shed light on the plight of victims of gender-based violence. The article effortlessly brings out the nexus between the death penalty and intimate partner violence and makessolid recommendations for change.
The fifth author, Patience Chepchirchir, delves into the nexus between psychological abuse and provocation. Through her article, she brings out the scope of psychological abuse while focusing on the linkage between emotional abuse and provocation and how the same can be considered as mitigating factors. Through an elaborate analysis of case law, she makes a case for psychological abuse of women as a mitigating circumstance during sentencing.
Stella Cherono’s article reflects on the intersectional discrimination faced by women in the criminal trial process leading to death row. The article highlights the complex and overlapping forms of discrimination women experience during the pretrial, trial and sentencing stages. Through her comprehensive analysis of gendered pathways to offending and imprisonment, she challenges how society perceives discrimination.
Loraine Koskei Interrogates the emerging jurisprudence on Intimate Partner Violence.Her article lays out the gendered factor in the commissioning and sentencing of women convicted of murder and offers possible recommendations.
- Document type NGO report
- Countries list Kenya
- Themes list Death Row Conditions / Fair Trial / Gender / Women
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)
The Death Penalty in 2023: Year End Report
By The Death Penalty Information Center (DPIC), on 25 January 2024
2024
NGO report
Public Opinion
United States
More details See the document
Published on December 01, 2023.
Innocence cases dominated much of the media’s attention on death penalty cases in 2023. While these prisoners were largely unsuccessful in the courts, there was unprecedented support for their claims from state legislators, prosecutors, judges, and other elected officials, some of whom declared themselves newly disillusioned with use of the death penalty in their state. This year is the 9th consecutive year with fewer than 30 people executed (24) and fewer than 50 people sentenced to death (21, as of December 1). The 23 men and one woman who were executed in 2023 were the oldest average age (tied with 2021) and spent the longest average number of years in prison in the modern death penalty era before being executed. As in previous years, most prisoners had significant physical and mental health issues at the time of their executions, some of which can be attributed to the many years they spent in severe isolation on death row. Continued difficulties obtaining lethal injection drugs led some states to explore new, untested methods of execution or revive previously abandoned methods. Other states enacted or continued pauses on executions while the state’s method of execution was studied.
- Document type NGO report
- Countries list United States
- Themes list Public Opinion
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)
Amnesty International – Global Report : death sentences and executions 2023
on 29 May 2024
2024
NGO report
Trend Towards Abolition
aresfrMore details See the document
Amnesty International’s monitoring of the global use of the death penalty recorded 1,153 known executions in 2023, an increase by 31% from 883 in 2022. However, there was a significant decrease in executing countries, from 20 in 2022 to 16 in 2023.
- Document type NGO report
- Themes list Trend Towards Abolition
- Available languages التقرير العالمي لمنظمة العفو الدولية أحكام وعمليات اإلعدام في 2023Informe Global de Amnistia internacional: condenas a muerte y ejecuciones 2023Amnesty international - Rapport mondial : condamnations à mort et exécutions 2023
Document(s)
“Don’t let them kill us”: Iran’s relentless execution crisis since the 2022 uprising
By Amnesty International, on 4 April 2024
2024
NGO report
Iran (Islamic Republic of)
faMore details See the document
Published in 2024.
This research briefing documents the horrifying surge in executions in Iran in 2023, the highest in eight years. More than half of the executions were for drug-related offences amid a distressing return to a lethal antinarcotics policy since Ebrahim Raisi’s rise to presidency in 2021. With systemic impunity in Iran, the briefing reiterates the need for states to initiate criminal investigations under the principle of universal jurisdiction into crimes under international law committed by Iranian officials, irrespective of the absence or presence of the accused in their territory. Since the “Woman Life Freedom” uprising of September-December 2022, the Iranian authorities have weaponized the death penalty to create a pervasive climate of fear across the country, exert control over the population, and suppress dissent and any challenge to their iron grip on power. As a result, 2023 saw an exponential increase in the number of recorded executions. The authorities executed at least 853 people in 2023, a 48% increase from 2022 when 576 people were executed and a 172% increase from 2021 when 314 people were executed. Amnesty International believes that the real number of executions is higher, but the Iranian authorities are not transparent about the number of people executed each year and do not make data on executions publicly available.
- Document type NGO report
- Countries list Iran (Islamic Republic of)
- Available languages « ن گ راذ ی د ام ار دنشکب » نارحب مادعا یب یاه ناما رد اریا شزیخ نامز زا ن لاس 1
Document(s)
Amnesty International Global Report : Death Sentences and Executions 2022
By Amnesty International, on 16 May 2023
2023
NGO report
aresfrzh-hantMore details See the document
This report covers the judicial use of the death penalty for the period January to December 2022. Amnesty International reports only on executions, death sentences and other aspects of the use of the death penalty, such as commutations and exonerations, where there is reasonable confirmation. In many countries governments do not publish information on their use of the death penalty.
Document(s)
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
arMore 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 type Article
- Countries list Bahrain
- Available languages المحكمة تطمئن إلى سلامة الاعتراف : أحكام الإعدام في البحرين إثر التعذيب والمحاكمات الصُوَرية
Document(s)
Abolitionnist portrait 2004
By World Day against the death penalty , on 10 October 2004
2004
Campaigning
Trend Towards Abolition
frMore details See the document
Abolitionnist portrait 2004
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Portrait d'abolitionnistes 2004
Document(s)
Doomed to Repeat: The Legacy of Race in Tennessee’s Contemporary Death Penalty
By Death Penalty Information Center, on 16 June 2023
2023
NGO report
Fair Trial
United States
More details See the document
This report explores the current issues with capital punishment in Tennessee through a historical lens, tracing the origins of the use of the death penalty from lynchings and other forms of racial violence directed at Black Tennesseans. The stories of individuals and communities that have interacted with different facets of Tennessee’s justice system throughout history suggest that, in many ways, even though centuries have passed, the experiences of discrimination toward Tennessee’s communities of color continue. A meaningful understanding of the state’s history and its legacy of violence and racism is essential to avoid repeating the mistakes of the past.
- Document type NGO report
- Countries list United States
- Themes list Fair Trial
Document(s)
Intiatives World Day 2005
By World coalition against the death penalty , on 10 October 2005
2005
Campaigning
Trend Towards Abolition
frMore details See the document
Intiatives World Day 2005
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Initiatives journée mondiale 2005
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)
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)
Death Penalty in India: Annual Statistics Report 2023
By Project 39A, on 15 February 2024
2024
NGO report
India
More details See the document
Published in 2023.
This is the eighth edition of the Death Penalty in India: Annual Statistics Report. This annual publication presents changes in the death row population as well as political and legal developments in the administration of the death penalty in India each year. The statistics are compiled through a combination of data mining of court websites, media monitoring and Right to Information applications.
- Document type NGO report
- Countries list India
Document(s)
Educational guide 2009
By World Coalition against the death penalty , on 10 October 2009
2009
Campaigning
Trend Towards Abolition
esfrruzh-hantMore details Download [ pdf - 536 Ko ]
With this Educational Guide, the World Coalition
Against the Death Penalty is launching a collaborative
initiative which aims to improve the contributions of all.
This guide will be regularly supplemented by new infor-
mation and themes. It will also be frequently updated
on the Coalition’s website (www.worldcoalition.org).
On behalf of the members of the World Coalition in
more than thirty countries across the world, we thank
you for your support.
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Guía pedagógica Jornada mundial 2009Guide pédagogique 2009Руководство по обучению организации мероприятий по случаю Всемирного дня борьбы против смертной казни2009 年世界反死刑日
Document(s)
Broken Promises: How a History of Racial Violence and Bias Shaped Ohio’s Death Penalty
By Death Penalty Information Center , on 14 May 2024
2024
NGO report
Fair Trial
Innocence
Trend Towards Abolition
United States
More details See the document
In January 2024, Ohio lawmakers announced plans to expand the use of the death penalty to permit executions with nitrogen gas, as Alabama had just done a week earlier. But at the same time the Attorney General and the Ohio Prosecuting Attorneys Association are championing this legislation, a bipartisan group of state legislators has introduced a bill to abolish the death penalty based on “significant concerns on who is sentenced to death and how that sentence is carried out.” The competing narratives make it more important than ever for Ohioans to have a meaningful, accurate understanding of how capital punishment is being used, including whether the state has progressed beyond the mistakes of its past.
- Document type NGO report
- Countries list United States
- Themes list Fair Trial / Innocence / Trend Towards Abolition
Document(s)
Lethal injection in the modern era: cruel, unusual and racist
By Reprieve , on 24 April 2024
2024
NGO report
Cruel, Inhuman and Degrading Treatment and Punishment
United States
More details See the document
Published on April 2024.
Researchers at Reprieve conducted an in-depth comparative study of botched lethal injection executions in the modern era of the U.S. death penalty, cross-referenced against the 1,407 lethal injection executions carried out or attempted during that period.
This report examines the phenomenon of botched executions by lethal injection, exploring the trends and contributing factors leading to botched executions through an analysis of 73 botched executions in the 1,407 lethal injection executions since 1977 (known as the modern era of the death penalty in the U.S.). This analysis used a process called multi-variable logistic regression, a type of analysis that assesses the odds of something happening considering multiple variables, to assess how identifiable characteristics (gender, age, and race) were associated with botched executions.
- Document type NGO report
- Countries list United States
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment
Document(s)
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
frMore 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 type Working with... / World Coalition
- Themes list Moratorium / Public Opinion
- Available languages Comment travailler avec les parlementaires pour l'abolition de la peine de mort ?
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)
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)
Data Mapping: Women on Death Row
By World Coalition against the Death Penalty , on 1 August 2023
2023
NGO report
Gender
frMore details Download [ pdf - 813 Ko ]
In 2021, the 19th edition of the World Day Against the Death Penalty (“World Day” on October 10) was dedicated to the invisible reality of women on death row, paving the way for new data on the issue of women sentenced to death. Many members of the World Coalition Against the Death Penalty (“World Coalition”), in preparation for 10 October, conducted research to document the situations of women facing the death penalty around the world. To systematize the information collected and have a global understanding of women sentenced to death, the World Coalition conducted a data systematization exercise.
This short report presents the main conclusions of this country exercise. These findings are a compilation of existing data available to the World Coalition Against the Death Penalty and its members organization up to December 2022.
- Document type NGO report
- Themes list Gender
- Available languages Cartographie de données : les femmes dans le couloir de la mort
Document(s)
Mobilization Kit 2006
By World Coalition against the death penalty , on 10 October 2006
2006
Campaigning
Trend Towards Abolition
frMore details Download [ pdf - 114 Ko ]
The World Coalition was created in Rome on 13 May
2002, following the commitment undertaken by the
organizations who signed the Final Declaration of
the First World Congress against the death penalty
in June 2001 in Strasbourg. It comprises 52 non-
governmental organizations, as well as bar asso-
ciations, trade unions and local communities.
The Coalition aims to reinforce the international
movement to abolish the death penalty, to reduce
the scope of capital punishment and put an end
to executions wherever they take place. To this
end, the Coalition facilitates the creation and devel-
opment of national and regional coalitions against
the death penalty. The Coalition also spearheads
lobbying efforts directed towards states and inter-
national institutions.
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Kit de mobilisation 2006
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)
Proven With(out) Certainty: How Judges Sentence Defendants to Death for Drug Offences in Iran
By Abdorrahman Boroumand Foundation for the Promotion of Human Rights and Democracy in Iran, Monash University and ELEOS Justice, on 6 February 2024
2024
NGO report
Drug Offenses
More details See the document
Published in April 2023.
Despite the reduction in the number of executions for drug offences during 2018-2020, a sudden increase in executions was recorded during 2021-2023: at least 131 known executions were recorded for drug offences in 2021, 253 executions in 2022, and 82 executions during the first 3 months of 2023 (Table). However, information concerning the death penalty in Iran is notoriously difficult to obtain because of the secrecy surrounding the country’s criminal justice process. This note provides a rare glimpse into the application of capital drug laws in the Islamic Republic of Iran. It exposes the idiosyncratic practices of the judiciary and its decision-making, using cases concerning the death penalty for drug offences—its imposition prohibited long under international standards. These judgments repeatedly use the language of ‘certainty’ in convicting the accused. In reality, to those familiar with basic fair trial standards, they raise serious concerns about miscarriages of justice that could potentially result in the erosion of legitimacy of the criminal ‘justice’ system in Iran.
- Document type NGO report
- Themes list Drug Offenses
Document(s)
REPORT WORLD DAY AGAINST THE DEATH PENALTY 2023
By world coalition against the death penalty, on 7 June 2024
2024
NGO report
Death Row Conditions
Fair Trial
frMore details Download [ pdf - 1029 Ko ]
- Document type NGO report
- Themes list Death Row Conditions / Fair Trial
- Available languages RAPPORT JOURNÉE MONDIALE CONTRE LA PEINE DE MORT 2023
Document(s)
Facts and Figures 2012
By World Coalition against the death penalty , on 10 October 2012
2012
Campaigning
Trend Towards Abolition
esfrMore details Download [ pdf - 251 Ko ]
On October 10, the World Coalition Against the Death Penalty and abolitionists worldwide will celebrate the 10th
anniversary of World Day against the Death Penalty. This year’s World Day focuses on the achievements and
progress made toward abolition. Around the world, countries have ended or restricted their use of the death
penalty. In addition, they have signified their support of ending this practice by ratifying the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
and by voting in favour of United Nations (UN) resolutions for a moratorium on the death penalty. The World
Coalition welcomes these steps forward as it also remains vigilant for the challenges ahead.
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Hoja Informativa DetalladaFaits et figures 2012
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
frMore 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 type Legal Representation
- Themes list Legal Representation / Women
- Available languages Défendre les femmes et les personnes transgenres confrontées à des peines extrêmes
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)
Taiwan: Amicus Curiae submission by Amnesty International and the World Coalition Against the Death Penalty to the Constitutional Court
By Amnesty International, on 23 April 2024
2024
NGO report
Taiwan
zh-hantMore details See the document
Published on April 8, 2024.
As the Constitutional Court of the Republic of China considers a challenge to the constitutionality of the death penalty, Amnesty International Taiwan and the World Coalition Against the Death Penalty submitted a joint amicus curiae intervention, to ensure the protection of the rights of all those under sentence of death. The amicus interveners argue that the use of the death penalty in the Republic of China constitutes a violation of human rights as guaranteed under the Constitution and international law and standards; and sets the country against the global trend, which remains overwhelmingly in favour of abolition.
- Document type NGO report
- Countries list Taiwan
- Available languages 憲法法庭法庭之友意見書 主案案號:111年度憲民字第904052號 法庭之友:國際特赦組織台灣分會 均詳委任狀 代 表 人:林綉娟 理事長 代 理 人:陳瑋珊 律師 均詳委任狀 均詳委任狀
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)
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)
World Coalition Activity Report 2022
By World Coalition Against the Death Penalty, on 22 August 2023
2023
World Coalition
Trend Towards Abolition
frMore details Download [ pdf - 323 Ko ]
- Document type World Coalition
- Themes list Trend Towards Abolition
- Available languages Rapport d'Activité de la Coalition Mondiale 2022
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)
Initiatives World Day 2004
By World Coalition against the death penalty , on 10 October 2004
2004
Campaigning
Trend Towards Abolition
frMore details See the document
Initiatives World Day 2004
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Initiatives journée mondiale 2004
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)
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)
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)
Mobilization Kit 2010
By World Coalition against the death penalty , on 10 October 2010
2010
Campaigning
Trend Towards Abolition
More details Download [ pdf - 138 Ko ]
Every year, the World Coalition Against the Death
Penalty (WCADP) calls for local initiatives worldwide.
The events involve citizens and organisations
supporting the abolition of capital punishment and
comprise debates, concerts, press releases or any
other action which would give the global abolition claim
an international boost.
This Day is aimed at both political leaders and public
opinion in countries where the death penalty has or
has not yet been abolished: people have to remember
the meaning of abolition and pass it down through the
generations.
They must be aware that justice without the death
penalty is possible
- Document type Campaigning
- Themes list Trend Towards Abolition
Document(s)
Gender and Death Penalty Glossary
By World Coalition against the Death Penalty, on 1 August 2023
2023
World Coalition
Gender
frMore details Download [ pdf - 829 Ko ]
As part of the integration of a gender and intersectional approach into its strategy, the World Coalition Against the Death Penalty (World Coalition) decided to develop a glossary to identify and define the key terms of which the abolitionist movement should be aware to consider gender and other axes of intersectional discrimination at work in the capital punishment process, and more broadly to mainstream gender into their abolitionist work. This glossary was developed based on existing glossaries of World Coalition members on closely related topics, existing international definitions and standards established by international human rightsmechanisms as well as based on definitions written by international organizations specializing inwomen’s rights and LGBTQIA+ people’s rights.This glossary aims to support the abolitionist movement in recognizing the gender and intersectional biases at work in the judicial process leading to the death penalty and to contribute to the developmentof a common language around these issues, a process initiated a few years ago by members of theWorld Coalition Against such as the Cornell Center on the Death Penalty Worldwide. Moreover, this glossary also aims to promote the integration of a gender approach into the internal workings o fabolitionist organizations.
- Document type World Coalition
- Themes list Gender
- Available languages Glossaire Genre et Peine de mort
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)
Blaming it on the past: Usages of the Middle Ages in contemporary discourses of the death penalty in England
By Death Penalty Research Unit (DPRU), University of Oxford, on 5 February 2024
2024
Academic Article
United Kingdom
More details See the document
Published in December 2023.
In popular, intellectual and political culture, the Middle Ages are intrinsically tied to violent images of public executions. To historians of the medieval period, this temporal attachment of the death penalty to a remote period is puzzling, especially since it is still widely enforced in the world today and was only relatively recently abolished in Europe. Capital punishment is not only a part of history, but a modern-day reality. Why, therefore, do we pin this punishment to the Middle Ages? This paper aims to analyse the discourses surrounding the usage of the Middle Ages in modern discussions on the death penalty, and to clarify medieval practices of capital punishment, showing how remote they are from our contemporary understanding
- Document type Academic Article
- Countries list United Kingdom
Document(s)
2020 Activity Report
By World Coalition Against the Death Penalty, on 9 September 2021
2021
World Coalition
frMore 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 type World Coalition
- Available languages Rapport d'Activité 2020
Document(s)
Mobilization Kit World Day 2023
By World coalition against the death penalty, on 12 June 2023
2023
Campaigning
World Coalition
frMore details Download [ pdf - 864 Ko ]
For the 21th year in a row, the World Coalition Against the Death Penalty is calling for local initiatives and world-wide actions that shine a spotlight on the abolition of the death penalty. The goal of this Mobilization Kit is to inform of this year’s objectives as well provide ideas of activities that boost the global abolitionist goal. This year’s World Day is dedicated to people who, during the process of being sentenced to death, or following the sentence of their death, have been victims of torture.
- Document type Campaigning / World Coalition
- Available languages Kit de mobilisation Journée mondiale 2023
Document(s)
American Death Penalty Exceptionalism, Then and Now
By Jordan Steiker, California Western International Law Journal , on 1 February 2024
2024
Academic Article
United States
More details See the document
Published in October 2023.
The most commonly observed fact of American capital punishment is its present outlier status: the United States (U.S.) is the only developed Western democracy that retains the death penalty, and it does so not simply as a matter of law, but as a matter of practice, conducting numerous executions every year. This “exceptionalism” with respect to the death penalty is noteworthy, but focusing on present-day American retention obscures many additional aspects of American death penalty exceptionalism. This Keynote will trace several ways in which the American death penalty was an outlier at its founding and throughout its subsequent history, as well as the varied aspects of its exceptionalism today. I will conclude by predicting that U.S. exceptionalism will soon come to an end–with an “exceptional” form of death penalty abolition, traceable to the distinctive path of the American death penalty
- Document type Academic Article
- Countries list United States
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-hantMore 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 type United Nations report
- Themes list Public Opinion
- Available languages حلقة نقاش رف عة المستوى بشأن مسألة عقوبة الإعدامInforme de la OACDH 2021 sobre el efecto disuasorio : Mesa redonda de alto nivel sobre la cuestión de la pena de muerteRapport HCDH 2021 sur l'effet dissuasif : Réunion-débat de haut niveau sur la question de la peine de mortОбсуждение в рамках дискуссионной группы высокого уровня вопроса о смертной казни,способствует ли ее применение сдерживанию преступности2021年联合国威慑效应报告 - 关于死刑问题的高级别专题小组讨论会
Document(s)
Migratory dependency and the death penalty: Foreign nationals facing capital punishment in the Gulf
By Lucy Harry, Carolyn Hoyle , and Jocelyn Hutton Death Penalty Research Unit, Centre for Criminology, University of Oxford, on 30 January 2024
2024
Academic Article
Jordan
Kuwait
Lebanon
Qatar
Saudi Arabia
United Arab Emirates
More details See the document
Published on July 2, 2023
This article focuses on the cases of 664 foreign nationals, the majority of whom are migrant workers, under sentence of death across the Gulf states (including Jordan and Lebanon) between 2016 and 2021. The features of these cases suggest that they are inextricably linked to migrant workers’ dependency under the kafala system, with examples of migrants duped into smuggling drugs across the border by their migrant broker, and once in country, accounts of violent altercations due to disputes about exit visas, and in the case of migrant domestic workers, self-defence against sexual violence. Engaging with the burgeoning literature on immigration, exploitation and criminalisation, as well as scholarship on capital punishment, this article will explore the multiple and unique layers of dependency fostered by the kafala system that place migrant workers at higher risk of the death penalty in these Gulf jurisdictions.
- Document type Academic Article
- Countries list Jordan / Kuwait / Lebanon / Qatar / Saudi Arabia / United Arab Emirates
Document(s)
Efforts towards abolition of the death penalty: Challenges and prospects
By Death Penalty Research Unit (DPRU), University of Oxford, on 5 February 2024
2024
Academic Article
Trend Towards Abolition
More details See the document
Published in December 2023.
This paper reflects on the role of international human rights treaties in promoting universal abolition and progressive restriction of the death penalty. It suggests that over the past quarter of a century a ‘new human rights dynamic’ has aimed to generate universal acceptance that however it is administered, the death penalty violates the human rights of all citizens exposed to it. Nevertheless, defences of capital punishment based on principles of national sovereignty are engrained in some parts of the world, particularly in Asia and the Middle East. The human rights project struggles to make inroads into such jurisdictions where political will is opposed to abolition, and trenchant protection of sovereignty threatens the very universality of these rights.
- Document type Academic Article
- Themes list Trend Towards Abolition
Document(s)
2021 World Day Report
on 10 June 2022
2022
World Coalition
Women
frMore 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 type World Coalition
- Themes list Women
- Available languages Rapport journée mondiale 2021
Document(s)
MOBILIZATION KIT World Day Against the Death Penalty 2024 – 2025 Security and the death penalty
By World coalition against the death penalty, on 12 June 2024
2024
Campaigning
World Coalition
frMore details Download [ pdf - 2534 Ko ]
- Document type Campaigning / World Coalition
- Available languages KIT DE MOBILISATION Journée mondiale contre la peine de mort 2024 - 2025 Sécurité et peine de mort
Document(s)
How to Insert Gender issues in Abolitionist Advocacy?
By World Coalition against the Death Penalty, on 1 August 2023
2023
Lobbying
Gender
frMore details Download [ pdf - 710 Ko ]
This tool was developed by the World Coalition Against the Death Penalty (World Coalition) in partnership with the Advocates for Human Rights (TAHR), after noting the limited integration of gender issues into the abolitionist advocacy of the World Coalition’s member organizations. This tool has also been edited and enrichened by the World Coalition’s Gender Working Group.
As part of the “Leave No Woman Behind on Death Row” project, this tool aims to assist World Coalition members and partners in implementing gender-sensitive abolitionist advocacy.
In this document, intended to be a practical tool, guidance is provided on how to incorporate gender-specific recommendations into abolitionist advocacy with human rights bodies. This tool focuses recommendations made by civil society organizations (CSOs) to international and regional human rights bodies, intended to encourage national authorities to act in a certain way. Human rights mechanisms and bodies serve as crucial actors in legitimizing and supporting CSOs work on the ground. A recommendation made by a CSO can, in turn, be accepted by a human rights special mechanism and be transformed into an official recommendation to the State. From there, CSOs can continue to use this official recommendation in their national advocacy to strengthen their claim and position, fulfilling a virtuous circle in advocacy work.
In this document, the recommendations made are done pending full abolition of the death penalty. They are seen as transitional steps towards full abolition of the death penalty in law and in practice.
This tool is divided into two sections. The first part focuses on how to increase visibility of the discrimination faced by women in the judicial process leading to the death penalty. The second part focuses on the discrimination faced by LGBTQIA+ people during the same judicial process. In both sections, definitions are provided as well as background information in order to understand the issues at stake in each of the themes.
- Document type Lobbying
- Themes list Gender
- Available languages Comment insérer les questions de genre dans le plaidoyer abolitionniste ?
Document(s)
Detailed Factsheet – World Day 2022
By the World Coalition Against the Death Penalty, on 4 July 2022
2022
World Coalition
frMore details Download [ pdf - 893 Ko ]
Detailed factsheet on torture and the death penalty, for the 20th World Day Against the Death Penalty (2022).
- Document type World Coalition
- Available languages Fiche détaillée - Journée mondiale 2022
Document(s)
Mobilization Kit World Day 2022
By the World Coalition Against the Death Penalty, on 9 June 2022
2022
World Coalition
frMore 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 type World Coalition
- Available languages Kit de mobilisation Journée mondiale 2022
Document(s)
Death by Design: Part 1
By The Wren Collective , on 23 January 2024
2024
NGO report
Legal Representation
United States
More details See the document
Published in December 2023.
In “Death by Design” Parts 1 and 2, Wren investigated the state of court-appointed capital representation in Harris County—the death penalty capital of the world.The first report delves into the failings of the lawyers in capital cases.
Wren recommends a total overhaul to the system of capital representation for poor defendants in Harris County, with either the public defender absorbing those cases or the judges establishing a new, freestanding capital public defender that is independent from judicial oversight.
- Document type NGO report
- Countries list United States
- Themes list Legal Representation
Document(s)
World Psychiatric Association position statement mental health and the death penalty
By World Psychiatric Association, on 30 November 2023
2023
Arguments against the death penalty
Fair Trial
Intellectual Disability
zh-hantMore details See the document
International law and laws of various countries prohibit the imposition of the death penalty on persons
with mental illness or developmental and intellectual disabilities due to the special barriers faced by
them in defending themselves; their limited moral culpability; and their diminished ability to
understand the nature and reason for their execution. However, due to lack of accommodations in
criminal proceedings and legal safeguards, persons with mental illness, developmental and intellectual
disabilities are at a greater risk of being sentenced to death and having their fair trial rights denied.
Authors:
Maitreyi Misra, Director (Mental Health and Criminal Justice), Project 39A, National Law University
Delhi.
Namrata Sinha, Research Associate (Mental Health and Criminal Justice), Project 39A, National Law
University Delhi.
Neeraj Gill, Professor, Health Research Institute, University of Canberra and Griffith University,
School of Medicine, Griffith University, Gold Coast, Australia.
Soumitra Pathare, Consultant Psychiatrist, Director, Centre for Mental Health Law and Policy, ILS
Law College, Pune.
Afzal Javed, President, World Psychiatric Association.
- Document type Arguments against the death penalty
- Themes list Fair Trial / Intellectual Disability
- Available languages 世界精神醫學會針對精神健康與死刑之立場聲明
Document(s)
TESTIMONIES- 21 st World Day Against the Death Penalty
on 10 July 2023
2023
Campaigning
World Coalition
frMore details Download [ pdf - 759 Ko ]
This document has been compiled by the Secretariat of the World Coalition Against the Death Penalty with substantial aid from member organizations, including Abdorrahman Boroumand Center, Amnesty International, Cornell Center on the Death Penalty Worldwide, Free Mumia ! French Support Group (Collectif français “Libérons Mumia !”), German Coalition Against the Death Penalty, Justice Project Pakistan, […]
- Document type Campaigning / World Coalition
- Available languages TEMOIGNAGES - 21ème Journée mondiale contre la peine de mort
Document(s)
The Physician in the Execution Chamber: No Such Thing as the Normal Pain of Dying
By Joel Zivot, California Western International Law Journal , on 1 February 2024
2024
Academic Article
United States
More details See the document
Published in October 2023.
For capital punishment to be lawful in the United States of America, it must occur without cruelty, a requirement of the traditional reading of the Eighth Amendment. There has never been a consensus on what form of execution is cruel, although some historic practices are shockingly barbaric to modern sensibilities— I think of the “draw and quarter” technique. The family of the murdered victim may fairly argue that the murderous behavior should be the minimum degree of cruelty meted out. But western countries eschew that standard and seek moderate forms, partly to deter by punishment and partly as a forfeit of the murderer’s life for the victim’s life when execution is allowed in that state. Certainly, there is substantial support for continuation of execution in states that allow it. The judges must be respectful of that, but still, they must respect the 8th amendment. At present, the prevalent method of execution in the United States is “lethal injection” using injectable medicines in very high doses that are repurposed to kill the prisoner. Because it is impossible to ask an executed individual about the cruelty experienced during their own death, the state instead relies on the empathy of witnesses to gauge the cruelty of a prisoner’s execution. Lethal injection was expected to be a bloodless execution and aimed to eliminate the visible appearance of cruelty, sometimes through the use of a paralytic.
- Document type Academic Article
- Countries list United States
Document(s)
A/HRC/54/53: Human rights challenges in addressing and countering all aspects of the world drug problem – Report of the Office of the United Nations High Commissioner for Human Rights
By United Nations , on 15 August 2023
2023
Academic report
United Nations report
Drug Offenses
aresfrruzh-hantMore details See the document
The present report outlines human rights challenges in addressing and countering key
aspects of the world drug problem. It also offers an overview of recent positive developments
to shift towards more human rights-centred drug policies, and provides recommendations on
the way forward in view of the upcoming midterm review of the 2019 Ministerial Declaration
and to contribute to the implementation of the 2030 Agenda for Sustainable Development.
- Document type Academic report / United Nations report
- Themes list Drug Offenses
- Available languages التحديات الناشئئئنة لت التصئئئد لمخئئئ لة المخدرات العالمية بجميع جوان ا ومواج ت ا في التمتع بحقوق اإلنسان تقرير مفوضية األمم المتحدة السامية لحقوق اإلنسان*A/HRC/54/53: Desafíos en materia de derechos humanos a la hora de abordar y contrarrestar todos los aspectos del problema mundial de las drogas - Informe de la Oficina del Alto Comisionado de las Naciones Unidas para los Derechos HumanosA/HRC/54/53 : Enjeux en matière de droits de l’homme de la mobilisation et de la lutte contre le problème mondial de la drogue sous tous ses aspects - Rapport du Haut-Commissariat des Nations Unies aux droits de l’hommeПроблемы в области прав человека при решении мировой проблемы наркотиков во всех ее аспектах и борьбе с нею Доклад Управления Верховного комиссара Организации Объединенных Наций по правам человекаA/HRC/54/53:全方位处理和应对世界毒品问题方面的人权挑战 - 联合国人权事务高级专员办事处的报告
Document(s)
Detailed factsheet – World Day 2024 & 2025
By World coalition against the death penalty, on 11 July 2024
2024
Campaigning
World Coalition
frMore details Download [ pdf - 485 Ko ]
- Document type Campaigning / World Coalition
- Available languages Fiche d'information détaillée - journée mondiale 2024 & 2025
Document(s)
Arbitrary and Capricious: Examining Racial Disparities in Harris County’s Pursuit of Death Sentences
By Texas Defender Service, on 24 April 2024
2024
NGO report
United States
More details See the document
Published on February 2024.
Texas has executed more people than any other state. However, out of the 254 counties in Texas, 136 have never sent an individual to death row. Harris County—Texas’s largest county and home to the city of Houston—stands out as the “death penalty capital of the world.” Harris County has executed more people than any state in the United States except Texas3 and is responsible for a quarter of the 1,124 people who have been sent to Texas’s death row since 1973.
- Document type NGO report
- Countries list United States
Document(s)
Mobilization Kit 2008
By World Coalition against the death penalty , on 10 October 2008
2008
Campaigning
Trend Towards Abolition
frMore details Download [ pdf - 137 Ko ]
Every year, the World Coalition Against the Death
Penalty (WCADP) calls for local initiatives worldwide.
The events involve citizens and organisations
supporting the abolition of capital punishment and
comprise debates, concerts, press releases or any
other action which would give to the global abolition
claim an international boost.
This Day is intended for both political leaders and
public opinion of countries where the death penalty
has or not been abolished yet: people have to
remember the meaning of abolition and pass it down
through generations.
They must be aware that a justice without death
penalty is possible.
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Kit de mobilisation 2008
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)
2022 World Day Report
By World coalition against the death penalty, on 12 June 2023
2023
Campaigning
World Coalition
frMore details Download [ pdf - 1557 Ko ]
On 10 October 2022, the World Coalition and abolitionists around the world celebrated the 20th World Day Against the Death Penalty (‘World Day’). Every year on World Day, the World Coalition highlights one problematic aspect of the Death Penalty.
- Document type Campaigning / World Coalition
- Available languages Rapport journée mondiale 2022
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
frMore 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 type NGO report / World Coalition
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment
- Available languages La peine de mort et l'interdiction de la torture et des peines ou traitements cruels, inhumains ou dégradants
Document(s)
The Death Penalty For Drug Offences: Global Overview 2023
By Harm Reduction International, on 28 March 2024
2024
NGO report
Drug Offenses
More details See the document
Published in 2023.
At the end of 2023, 34 countries retained the death for drug offences. In July 2023 Pakistan took the landmark decision to remove the death penalty from the list of punishments that can be imposed for certain violations of its Control of Narcotics Substances Act. This year also saw notable progress in Malaysia, which abolished the mandatory death penalty for all offences, including drug-related ones. This reform may impact the lives of over 700 people on death row for drug offences and bring the country one step closer to total abolition of capital punishment. In stark contrast to these positive developments is the record-high number of drug-related executions in 2023 at least 467. Of those executed, at least 59 people belonged to ethnic minority groups (in Iran and in Singapore), 13 individuals were foreign nationals, and six were women. These figures confirm that these groups are uniquely vulnerable to capital punishment as a tool of drug control. Despite not accounting for the dozens, if not hundreds, of executions believed to have taken place in China, Vietnam, and North Korea, the 467 executions that took place in 2023 represent a 44% increase from 2022.
- Document type NGO report
- Themes list Drug Offenses
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