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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)
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)
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)
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)
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)
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)
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)
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)
ULUSLARARASI AF ÖRGÜTÜ KÜRESEL RAPORU ÖLÜM CEZALARI VE İNFAZLAR 2022
By ULUSLARARASI AF ÖRGÜTÜ, on 16 May 2023
2023
NGO report
More details See the document
Bu rapor, Ocak-Aralık 2022 dönemi için ölüm cezasının adli kullanımını kapsamaktadır. Uluslararası Af Örgütü yalnızca infazlar, ölüm cezaları ve ölüm cezasının kullanımına ilişkin diğer hususlar (cezanın hafifletilmesi ve beraat gibi) hakkında makul teyitlerin olduğu durumlarda raporlama yapmaktadır. Birçok ülkede hükümetler ölüm cezasının kullanımına ilişkin bilgi yayınlamamaktadır.
- Document type NGO report
Document(s)
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)
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)
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)
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)
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)
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)
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)
The Power of Example: Whither The Biden Death Penalty Promise?
on 21 July 2022
2022
NGO report
United States
More details Download [ pdf - 4342 Ko ]
“The President, his administration and Congress must recognize that respect for human dignity and retention of the death penalty are incompatible; that respect for the rule of law must include international human rights law guaranteeing protection of the rights of those facing the death penalty; that upholding universal rights must include upholding the right of everyone to life and freedom from cruel, inhuman or degrading treatment or punishment; and that making international institutions stronger must include implementing the conclusions of UN human rights treaty bodies,”
- Document type NGO report
- Countries list United States
Document(s)
The 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