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Document(s)
The Power of Example: Whither The Biden Death Penalty Promise?
on 21 July 2022
2022
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“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,”
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Government Misconduct and Convicting the Innocent, The Role of Prosecutors, Police and Other Law Enforcement
on 20 July 2022
2022
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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
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Deathworthy: a mental health perspective of the death penalty
on 7 October 2021
2021
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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).
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The Culture of Capital Punishment in Japan
on 4 July 2020
2020
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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.
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Annual Report On the Death Penalty in Iran 2023
on 14 March 2024
2024
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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.
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Annual Report on The Death Penalty In Iran 2021
on 28 April 2022
2022
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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.
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From Advocacy To Abolition: How The Universal Periodic Review Can Shape The Trajectory Of The Abolition Of The Death Penalty
on 1 February 2024
2024
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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.
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Amnesty International Global Report : Death Sentences and Executions 2021
on 25 May 2022
2022
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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.
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Death Penalty in the OSCE Area: Background Paper 2021
on 14 January 2022
2022
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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
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The Death Penalty in the OSCE Area: Background Paper 2020
on 9 October 2020
2020
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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?
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The Process of Abolishing the Death Penalty in Members States of the Organisation of Islamic Cooperation
on 27 November 2020
2020
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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”.
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A Deadly Distraction, Why the Death Penalty is not the Answer to Rape in South Asia
on 25 May 2022
2022
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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.
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The Illusion of Heightened Standards in Capital Cases
on 25 January 2024
2024
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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.
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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
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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.
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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
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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
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Document(s)
Gender Matters: Women on Death Row in the United States
on 24 April 2024
2024
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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
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Prison Conditions in Jamaica
on 19 April 2011
2011
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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.
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Special issue: a decade-long review of the death penalty for drug offences
on 7 May 2024
2024
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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.
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“No One Believed Me”: A Global Overview of Women Facing the Death Penalty for Drug Offenses
on 5 October 2021
2021
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“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.
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The Death Penalty in 2022: Year End Report
on 16 December 2022
2022
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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.
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The Death Penalty in 2021: Year End Report
on 14 January 2022
2022
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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.
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ICDP Launches How States abolish the Death Penalty: A Supplement of Case-Studies
on 17 November 2022
2022
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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.”
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Guess Who’s Coming to Jury Duty? How the Failure to Collect Juror Demographic Data Contributes to Whithewashing the Jury Box
on 30 April 2024
2024
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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.
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The Public Opinion Myth. Why Japan retains the death penalty
on 5 August 2015
2015
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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.
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Initiatives World Day 2006
on 10 October 2006
2006
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Initiatives World Day 2006
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Educational guide: teaching abolition
on 10 October 2011
2011
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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
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Document(s)
The Myth of Autonomy Rights
on 20 July 2022
2022
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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.
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Getting to Death: Race and the Paths of Capital Cases after Furman
on 13 January 2023
2023
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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.
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Gender, Violence, and the Death Penalty
on 1 February 2024
2024
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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.
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Women and The Death Penalty in Kenya: Essays on the Gendered Perspective of the Death Penalty
on 2 February 2024
2024
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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.
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Document(s)
Sentenced to Death Without Execution
on 15 December 2020
2020
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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
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The Death Penalty in 2023: Year End Report
on 25 January 2024
2024
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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.
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Killing in the Name of God: State-sanctioned Violations of Religious Freedom
on 10 November 2021
2021
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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.
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“Don’t let them kill us”: Iran’s relentless execution crisis since the 2022 uprising
on 4 April 2024
2024
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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.
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Amnesty International – Global Report : death sentences and executions 2023
on 29 May 2024
2024
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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.
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Amnesty International Global Report : Death Sentences and Executions 2022
on 16 May 2023
2023
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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.
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The Court is Satisfied with the Confession: Bahrain Death Sentences Follow Torture, Sham Trials
on 10 October 2022
2022
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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.
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Abolitionnist portrait 2004
on 10 October 2004
2004
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Abolitionnist portrait 2004
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Intiatives World Day 2005
on 10 October 2005
2005
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Intiatives World Day 2005
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Doomed to Repeat: The Legacy of Race in Tennessee’s Contemporary Death Penalty
on 16 June 2023
2023
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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.
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A/HRC/51/7 – Advance Edited Version – Question of the death penalty
on 26 July 2022
2022
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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.
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Explaining the Invidious: How Race Influences Capital Punishment in America
on 1 September 2022
2022
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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.
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Living Under Sentence of Death
on 22 April 2022
2022
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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.
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Lethal injection in the modern era: cruel, unusual and racist
on 24 April 2024
2024
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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.
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