INDEX
Document(s)
Living with a Death Sentence in Kenya: Prisoners’ Experiences of Crime, Punishment and Death Row
By Carolyn Hoyle and Lucrezia Rizzelli, on 24 January 2023
2023
Book
Kenya
More details See the document
The Death Penalty Project’s latest report provides a comprehensive analysis of the lives of prisoners on death row in Kenya. It focuses on prisoners’ socio-economic backgrounds and profiles, their pathways to, and motivation for, offending, as well as their experiences of the criminal justice process and of imprisonment. It complements our previous research, a two-part study of attitudes towards the death penalty in Kenya, The Death Penalty in Kenya: A Punishment that has Died Out in Practice.
While 120 countries around the world have now abolished the death penalty, including 25 in Africa, Kenya is one of 22 African nations that continues to retain the death penalty in law, albeit it has not carried out any executions for more than three decades. As such, Kenya is classified as ‘abolitionist de facto’, the United Nations term for a country that has not carried out an execution for at least 10 years. Yet, while state-sanctioned executions no longer occur, hundreds of people are currently living under sentence of death and others are convicted and sentenced to death each year. As long as the death penalty is retained in law, there remains a risk that executions might resume if there is political change. Moreover, the plight and turmoil of those languishing on death row – consistently the poorest and most vulnerable – cannot be ignored. They are disproportionately sentenced to death and suffer the harshest punishments and treatment.
- Document type Book
- Countries list Kenya
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 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)
Texas Death Penalty Developments in 2022: The Year in Review
By Texas Coalition to Abolish the Death Penalty, on 16 December 2022
NGO report
United States
More details See the document
Use of the death penalty in Texas remained near historic low levels in 2022, with juries sentencing two people to death and the State executing five people. Three other scheduled executions were stayed by the Texas Court of Criminal Appeals (CCA). Overall, the eight execution dates set for 2022 were the fewest in Texas since 1996.
Despite their low number, the executions set and carried out in 2022 raise troubling issues about the fairness and utility of the death penalty. Four of the men put to death, including 78-year-old Carl Wayne Buntion, suffered from physical or mental impairments or histories of childhood trauma, while two maintained their innocence of the crimes for which they were convicted.
- Document type NGO report
- Countries list United States
Document(s)
United Nations General Assembly – Resolutions of the 77th Session
By United Nations, on 15 December 2022
2022
United Nations report
aresfrruzh-hantMore details See the document
This report provided by the United Nations General Assembly presents the resolutions of the 77th session. It includes reports on the moratorium on the use of the death penalty (A/77/463/Add.2 DR XII) which was adopted on the 15th of December 2022 with a vote (125-37-22) (A/77/PV.54) under item 68(b). Guided by the purposes and principles contained in the Charter of the United Nations, it reaffirms the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child and recalls the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
- Document type United Nations report
- Available languages الجمعية العامة للأمم المتحدة - قرارات الدورة السابعة والسبعينAsamblea General de las Naciones Unidas - Resoluciones del 77º Período de SesionesAssemblée Générale des Nations Unies - Résolutions de la 77e SessionГенеральная Ассамблея ООН - Резолюции 77-й сессии联合国大会 - 第77届会议的决议
Document(s)
Death Penalty and the Indian Supreme Court (2007-2021)
By Project 39A, on 8 December 2022
2022
NGO report
India
More details See the document
Death Penalty and the Indian Supreme Court (2007-2021) maps the important trends and developments in the Supreme Court’s death penalty jurisprudence. These past 15 years have witnessed significant developments in the law on capital sentencing, post-mercy jurisprudence, and other procedural developments pertaining to the administration of the death penalty. Imagined as an intellectual successor of PUCL and Amnesty International’s doctrinal study of the Supreme Court’s death penalty cases between 1950 to 2006, in ‘Lethal Lottery: The Death Penalty in India’, this report highlights the sustained inconsistency and judge-centric reasoning in capital cases, with particular emphasis on the problem of arbitrariness in approaches to capital sentencing at the Supreme Court.
- Document type NGO report
- Countries list India
Document(s)
Closing the Slaughterhouse
By Dale M Brumfield, on 8 December 2022
Book
United States
More details See the document
On July 1, 2021, Virginia ended a 413-year tradition by abolishing the death penalty.
Many of those convicted from 1608 to 2017 deserved harsh punishment – but Virginia took harsh to a whole new level with its “finality over fairness” philosophy. Four hundred years of her racist, mob-driven capital punishment system ensnared many innocent and undeserving victims under the toxic guises of protecting white citizens or being “tough on crime.” So many of those killed by the state died with their guilt or innocence lost to history.
Virginia leads the nation with 1,390 executions. After a 1976 Supreme Court decision, Virginia institutionalized and streamlined the parade to the death chamber more efficiently than any other state, executing between 1976 and 2017 a breathtaking 73 percent of all who received death sentences. The national average is 16 percent.
- Document type Book
- Countries list United States
Document(s)
Foreign Nationals on Death Row
By The University of Oxford Death Penalty Research Unit, led by Professor Carolyn Hoyle, along with a network of human rights NGOs, including The Death Penalty Project, Eleos Justice, Harm Reduction International, Justice Project Pakistan, Project 39a, and ADPAN, on 8 December 2022
Multimedia content
More details See the document
The University of Oxford Death Penalty Research Unit, led by Professor Carolyn Hoyle, along with a network of human rights NGOs, including The Death Penalty Project, Eleos Justice, Harm Reduction International, Justice Project Pakistan, Project 39a, and ADPAN, have cooperated on a mapping project of foreign nationals at risk of capital punishment in Asia and the Middle East, initially funded by the ESRC.
These regions have a disproportionate number of migrants and others without citizenship detained for capital offences, including those convicted for drug crimes. Building on research, knowledge and expertise within the network, this collaborative database aims to collate and make available information on foreign nationals executed or under sentence of death.
- Document type Multimedia content
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)
How to Work with National Human Rights Institutions to Abolish the Death Penalty – A Practical Guide
By World Coalition Against the Death Penalty, on 17 November 2022
Working with...
World Coalition
Trend Towards Abolition
frMore details Download [ pdf - 2375 Ko ]
National Human Rights Institutions (NHRIs) role as influential human rights actors is paramount, and as such their contributions to abolition of the death penalty should not be underestimated when developing an anti-death penalty strategy. Expertly written by the President of the of the Beninese Commission on Human Rights, this guide’s content has been bolstered by examples and advice coming from nongovernmental organizations (NGOs) in the field. Working with NHRIs can seem like a daunting task, especially for civil society organizations that do not have previous experience working with them. As such, this guide has been specifically designed for abolitionist civil society groups around the world, both beginners and advanced activists, with a focus on the African continent.
- Document type Working with... / World Coalition
- Themes list Trend Towards Abolition
- Available languages Comment travailler avec les institutions nationales des droits de l’homme pour abolir la peine de mort ?

