INDEX

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

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

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

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

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

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

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

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

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

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

Salam for Democracy and Human Rights (Salam DHR)’s report was published on October 10, 2021, to mark the 19th World Day Against the Death Penalty. The Death Penalty in Bahrain: A system built on torture, provides accessible and abridged information regarding the development of the death penalty in Bahrain.

This report examines how executions have expanded in both their criteria and implementation since the Arab Spring in 2011 and how this practice contradicts the Government of Bahrain’s (GoB) promises of reform made following the Bahrain Independent Commission of Inquiry (BICI) that same year. Instead, the Bahraini State continues to rely on confessions coerced under torture and threats as a method of permanently silencing poliIcal prisoners. The nation’s internal mechanisms of accountability have repeatedly proven themselves to be ineffective in remedying this situation and are possibly complicit. Considering these findings, and in support those who have been victimized, Salam DHR officially recommends that the GoB abolishes the death penalty, among other reforms.

• Document type NGO report
• Countries list Bahrain
• Available languages عقوبة الإعدام في البحرين : نظام مبني على التعذيبLa Peine de Mort à Bahreïn: Un Système Construit sur la Torture

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

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