INDEX

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

Pakistan is counted among the countries that rely heavily on foreign remittances for economic stability and foreign reserves. However, despite its dependence on foreign remittances from migrant workers, Pakistan has done little to protect its vulnerable citizens from landing in foreign jails. As a result, Pakistan has seen a significant increase in the number of prisoners and executions abroad. Inadequate oversight and the lack of proper enforcement of existing protections is a literal death sentence for scores of Pakistanis who simply seek a better life and improved prospects for loved ones by working abroad.

• Document type NGO report
• Countries list Pakistan

• Document type International law - United Nations
• Available languages A/HRC/RES/54/35قرار اعتمده مجلس حقوق اإلنسانA/HRC/RES/54/35 Resolución aprobada por el Consejo de Derechos HumanosA/HRC/RES/54/35 Résolution adoptée par le Conseil des droits de l’hommeA/HRC/RES/54/35 Резолюция, принятая Советом по правам человекаA/HRC/RES/54/35 人权理事会 通过的决议

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

Published in December 2023.

This paper seeks to map the political economy of capital punishment in Iran, in particular in relation to dual and foreign nationals, and examines its external and internal functions. The external functions include suppressing the ‘cultural threat’ of cross-border drug trafficking, achieving more power in sanctions negotiations, seeking reciprocal prisoner swaps or demanding recompense for outstanding multinational debt. The internal functions include quashing protests against the regime, supressing separatist movements, or even just ‘otherness’. It is evident that those facing disadvantage across foreign national and intersectional lines face the death penalty disproportionately. In addition, although only representing a fraction of the overall population of death row, the arbitrary detention of dual nationals has a disproportionate political function.

• Document type Academic Article
• Countries list Iran (Islamic Republic of)

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

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

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

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

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