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Document(s)

English speaking Caribbean: State Killing in the English speaking Caribbean: a legacy of colonial times

By Amnesty International, on 1 January 2002


2002

NGO report


More details See the document

This report seeks to answer the arguments put forward by the proponents of capital punishment in the English Speaking Caribbean and examines the shortcomings in the administration of the death penalty in the region.The paper primarily focuses on Jamaica and Trinidad and Tobago, the two countries with the largest death row populations in the region. However, details of other counties are given and the themes and problems illustrated in Jamaica and Trinidad and Tobago are prevalent in the other nations of the ESC.

  • Document type NGO report
  • Themes list Statistics,

Document(s)

Children and the death penalty: Executions worldwide since 1990

By Amnesty International, on 1 January 2002


NGO report

fres
More details See the document

The document details cases of child offenders executed since 1990 and cites the relevant international standards. Two tables are appended: a list of cases and a table of the 113 countries which provide for the death penalty but exclude its use of the death penalty against child offenders. There are also appendices giving the text of the resolution on “The death penalty in relation to child offenders” adopted by the UN Sub-Commission on the Promotion and Protection of Human Rights in August 2000 and extracts from the resolution on “The question of the death penalty” adopted by the UN Commission on Human Rights in April 2002.

Document(s)

The Role of International Law in United States Death Penalty Cases

By Sandra Babcock / Leiden Journal of International Law, on 1 January 2002


Article

United States


More details See the document

The United States has repeatedly failed to notify detained foreign nationals of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations. In capital cases, US non-compliance with this ratified Treaty has led to litigation by foreign governments and individual lawyers in domestic courts and international tribunals. While these efforts have had mixed results in individual cases, litigation by Mexico, Germany and other actors has led to increased compliance with Article 36, and a growing recognition of the significance of US treaty obligations.

  • Document type Article
  • Countries list United States
  • Themes list Foreign Nationals,

Document(s)

Paralegal Aid Clinics: A handbook for paralegals working in prisons

By Penal Reform International, on 1 January 2002


Working with...


More details See the document

The Paralegal Advisory Service (PAS) trainers manual for conducting paralegal aid clinics (PLCs) inside prison has been written for paralegal facilitators who will conduct PLCs in prisons aimed principally at remand prisoners

  • Document type Working with...
  • Themes list Country/Regional profiles,

Document(s)

The death penalty worldwide: Developments in 2000

By Amnesty International, on 1 January 2001


2001

NGO report

arfres
More details See the document

This paper covers events around the exercise of the death penalty during the year 2000, including such subjects as significant national and international court cases and decisions; important studies; the use of the death penalty against the mentally ill and those with mental retardation; its use against the `innocent’ and against women; medical and religious perspectives and public opinion polls and surveys.

Document(s)

China: The death penalty in China: breaking records, breaking rules

By Amnesty International, on 1 January 1997


1997

NGO report

fres
More details See the document

In China last year, approximately 17 people were sentenced to death each day, every day of the year. This report examines the record versus the rhetoric in 1996. It examines the death penalty in practice during this year’s “Strike Hard Anti-Crime Campaign” which highlights legal inadequacies and institutionalized abuses long discussed by domestic critics.

Document(s)

AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS

By African Commission on Human and Peoples' Rights, on 8 September 1981


1981

United Nations report

fr
More details See the document

ARTICLE 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.ARTICLE 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Document(s)

AMERICAN CONVENTION ON HUMAN RIGHTS “PACT OF SAN JOSE, COSTA RICA”

By Organization of American States, on 8 September 1969


1969

United Nations report

es
More details See the document

Article 4. Right to Life1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.

Document(s)

International Covenant on Civil and Political Rights

By United Nations, on 1 January 1966


1966

United Nations report

arrufrzh-hantes
More details See the document

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Document(s)

The Universal Declaration of Human Rights

By United Nations, on 1 January 1948


1948

United Nations report

arrufrzh-hantes
More details See the document

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.” Article 3 – Everyone has the right to life, liberty and security of person.

Document(s)

Safeguards guaranteeing protection of the rights of those facing the death penalty

By United Nations, on 1 January 1984


1984

United Nations report

arrufrzh-hantes
More details See the document

Approved by Economic and Social Council resolution 1984/50 of 25 May 19841. In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences.

Document(s)

PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

By Organization of American States, on 1 January 1990


1990

Regional body report

es
More details See the document

Article 1The States Parties to this Protocol shall not apply the death penalty in their territory to any person subject to their jurisdiction.

Document(s)

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

By United Nations, on 1 January 1989


1989

United Nations report

arrufrzh-hantes
More details See the document

The States Parties to the present Protocol,Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life,Desirous to undertake hereby an international commitment to abolish the death penalty,Have agreed as follows:Article 11. No one within the jurisdiction of a State Party to the present Protocol shall be executed.2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.

Document(s)

Convention on the Rights of the Child

By United Nations, on 1 January 1989


United Nations report

arrufrzh-hantes
More details See the document

Article 37States Parties shall ensure that:(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age.

Document(s)

Status of signature and ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

By United Nations, on 1 January 1989


NGO report

frfr
More details See the document

Status of signature ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, including declarations, reservations and objections.

Document(s)

Gray Rules Guillory May Ask for Mercy

By Vincent Lupo / American Press, on 1 January 2003


2003

Working with...


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This article focuses on Lorilei Guillory, the mother of a 6-year-old Iowa boy murdered 11 years ago. Guillory wantsto be allowed to ask jurors for mercy for the man who allegedly molested and killed her child. Judge Al Gray said he will allow Guillory “to testify and ask for mercy if she wishes” during any penalty phase, but prosecutors are appealing the decision ot the Louisiana Supreme Court. Murder Victims’ Families for Reconciliation filed an amicus curiae brief in the Louisiana Supreme Court in support of Lorilei Guillory’s effort to testify in the penalty phase of the trial of the man who murdered her 6 year old son Jeremy and to express her opposition to the execution of her son’s murderer

  • Document type Working with...
  • Themes list Public debate, Murder Victims' Families, Death Penalty,

Document(s)

Indigenous constitutionalism and the death penalty: The case of the Commonwealth Caribbean

By Margaret A. Burnham / International Journal of Constitutional Law, on 1 January 2005


2005

Article

Antigua and Barbuda


More details See the document

The Commonwealth Caribbean remains an obstinate holdout against the international trend limiting use of the death penalty. The death row population in the region per capita is about four times that of the United States. Widely debated in legal circles for a decade, capital punishment jurisprudence will be affected by the creation of the regional appellate court that was launched in April 2005. Modeled after the European Court of Justice, the Caribbean Court of Justice (CCJ) will assume the constitutional jurisdiction currently exercised by the Judicial Committee of the London-based Privy Council. Critics claim the CCJ was created to undo the constraints on the death penalty decreed by the Privy Council and international human rights tribunals, while proponents maintain that the new court completes the region’s assumption of sovereignty. This article situates the debate in the constitutional history of the independence era, the current regionalization movement, and the interplay between international norms and domestic fundamental rights.

  • Document type Article
  • Countries list Antigua and Barbuda

Document(s)

The Death Penalty in Guatemala: On the road towards abolition

By International Federation for Human Rights (FIDH) / Catherine Delanoë-Daoud / Marcela Talamas / Emmanuel Daoud, on 1 January 2005


NGO report


More details See the document

Violations of due process in the case of prisoners condemned to death. There are known cases of torture carried out by agents of the State and there is no legal provision that allows the Executive branch to grant a pardon and, subsequently, to commute a death sentence. The Guatemalan State has executed various individuals despite the fact that the Inter-American Commission on Human Rights had petitioned for precautionary measures; this constitutes a flagrant and recurrent violation of Guatemala’s international human rights commitments.The Guatemalan State, in addition to not having adequate public policies for prisons, also has no laws regulating prisons and conditions of detention, in spite of the fact that various UN instruments are devoted to that question.

  • Document type NGO report
  • Themes list Due Process , Country/Regional profiles,

Document(s)

Tanzania: the death sentence institutionnalised

By International Federation for Human Rights (FIDH) / Eric Mirguet / Arnold Tsunga, on 1 January 2005


NGO report

enfr
More details See the document

Individuals are regularly sentenced to death in murder cases, but no statistics are published about the number of condemnations. Under the Tanzanian Penal Code, the death sentence remains a mandatory penalty for murder while it can also be applied for treason. As of April 2003, 370 persons (359 males and 11 females) were awaiting execution in the prisons of mainland Tanzania in conditions that might amount to cruel, inhuman or degrading treatment. There are a number of dysfunctions in the Tanzanian legal system, which seems to represent a threat to the rule of law, and an obstacle to reform: the unwillingness of the Executive to have its decisions challenged in judicial proceedings, and; the existence of a Penal System essentially based on retaliation towards the offenders rather than rehabilitation ; e.g. corporal punishments can still be applied for numerous offences, in spite of the fact that they clearly violate international and regional human rights instruments. Furthermore, pervasive corruption in the police and the judiciary represents a serious threat to the due process of law, including in death penalty cases.

Document(s)

The Death Penalty in Egypt

By International Federation for Human Rights (FIDH) / Etienne Jaudel / Alya Chérif Chammari / Nabeel Rajab, on 1 January 2005


NGO report

arfr
More details See the document

The report notably points to the great number of crimes which entail the death penalty in Egypt and to the fact that civilians may be tried by military courts, sentenced to death and executed without delay, in violation of the rights of the defence and sometimes in abstentia. The only remedy is the unlikely pardon of the President of the Republic. Confessions obtained under duress are often accepted in court and form the basis of the sentence. The FIDH report recommends to the Egyptian authorities to put an immediate end to the state of emergency which, after 23 years, is no longer justified in Egypt today; the state of emergency is conducive to serious violations of human rights, including administrative detention without any effective judicial control, unfair trials of civilians before military courts, and widespread torture of detainees, including during the pre-trial stage. The Egyptian authorities should inquire into all allegations of torture and bring to justice those responsible.

Document(s)

The death penalty in Thailand

By International Federation for Human Rights (FIDH) / Julie Morizet / Sinapan Samidoray / Siobhan Ni Chulachain, on 1 January 2005


NGO report


More details See the document

The present report shows that, although the formal judicial process which leads to the imposition of the death penalty is theoretically in accordance with the international legal standards, serious miscarriages of justice can result in condemnations to the capital punishment. By lasting up to 84 days, the long police custody creates conditions that favour possible cruel, inhuman and degrading treatments. The difficult access to legal aid, both during police custody and the trial process, does not provide sufficient safeguards that the rights of the defence are fully respected. The conditions of detention in prisons, and notably the fact that death row inmates are chained 24 hours a day, may amount to torture and cruel, inhuman, and degrading treatment.

  • Document type NGO report
  • Themes list Country/Regional profiles,

Document(s)

The death penalty wordwide: developments in 2004

By Amnesty International, on 1 January 2005


NGO report

fres
More details See the document

This document covers significant events concerning the death penalty during the year 2004. Five countries abolished the death penalty for all crimes, bringing to 84 the number of totally abolitionist countries at year end. Scores of death sentences were commuted in Malawi and Zambia, and moratoria or suspensions of executions were being observed in several other countries. Other subjects covered in this document include significant judicial decisions; the use of the death penalty against the innocent; resumptions of executions; and campaigning activities to promote abolition.

Document(s)

Broken Justice: The death penalty in Alabama

By Rachel King / American Civil Liberties Union / Alabama, on 1 January 2005


NGO report


More details See the document

This report documents unfairness and unreliability that plague the death penalty system in Alabama and makes several recommendations, including a moratorium on executions. The major areas of focus the report examines are: Inadequate Defence, Prosecutorial Misconduct, Judicial Overrides, Execution of the Mentallly Retarded, Racial Discrimination, and Geographic Disparities.

  • Document type NGO report
  • Themes list Country/Regional profiles,

Document(s)

Uses and Abuses of Empirical Evidence in the Death Penalty Debate

By John J. Donohue / Stanford Law Review / Justin Wolfers, on 1 January 2005


Article

United States


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Over much of the last half-century, the legal and political history of the death penalty in the United States has closely paralleled the debate within social science about its efficacy as a deterrent. The injection of Ehrlich’s conclusions into the legal and public policy arenas, coupled with the academic debate over Ehrlich’s methods, led the National Academy of Sciences to issue a 1978 report which argued that the existing evidence in support of a deterrent effect of capital punishment was unpersuasive. Over the next two decades, as a series of academic papers continued to debate the deterrence question, the number of executions gradually increased, albeit to levels much lower than those seen in the first half of the twentieth century

  • Document type Article
  • Countries list United States
  • Themes list Deterrence ,

Document(s)

Initiating Constructive Debate: A Critical Reflection on the Death Penalty in Africa

By Lilian Chenwi / Comparative and International Law Journal of Southern Africa, on 1 January 2005


Article


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This article aims to show that there is a need for constructive debate on the death penalty in Africa. Considering that the African Commission is encouraging such a debate, the article begins with an examination of its stance on the subject. This is followed by a brief evaluation of the use of the death penalty in Africa, highlighting some areas of concern. The death penalty is then considered from a human rights perspective, focusing mainly on the possibility of relying on constitutional provisions on the right to life and the prohibition of cruel, inhuman and degrading treatment to challenge the death penalty.

  • Document type Article
  • Themes list Right to life, Cruel, Inhuman and Degrading Treatment and Punishment, Mandatory Death Penalty,

Document(s)

Freedom Inside The Walls

By Penal Reform International, on 1 January 2005


Arguments against the death penalty


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Shot in Benin, Kenya and Malawi ‘Freedom Inside These Walls’ provides disturbing footage of prison conditions inside these countries, which are common to many other prisons in Africa. It highlights the challenges in accessing justice faced by poor people in conflict with the law.

  • Document type Arguments against the death penalty
  • Themes list Death Row Conditions, Country/Regional profiles,

Document(s)

Sources of Variation in Pro-Death Penalty Attitudes in China: An Exploratory Study of Chinese Students at Home and Abroad

By Lening Zhang / Terance D. Miethe / Hong Lu / Bin Liang / British Journal of Criminology, on 1 January 2006


2006

Article

China


More details See the document

This paper examines Chinese students’ attitudes about the death penalty in contemporary China. Drawing upon Western public opinion research on the death penalty, samples of Chinese college students at home and abroad are used to explore the magnitude of their pro-death penalty attitudes and sources of variation in these opinions. Both groups of Chinese students are found to support the death penalty across different measures of this concept. Several individual and contextual factors are correlated with pro-death penalty attitudes, but the belief in the specific deterrent effect of punishments was the only variable that had a significant net effect on these attitudes in our multivariate analysis. The paper concludes with a discussion of the implications of this study for future research on public opinion about crime and punishment in China.

  • Document type Article
  • Countries list China
  • Themes list Public opinion, Public debate,

Document(s)

USA: More about politics than child protection: The death penalty for sex crimes against children

By Amnesty International, on 1 January 2006


NGO report

es
More details See the document

On 8 June, the Governor of South Carolina signed a bill allowing the death penalty for a person convicted for a second time of sex crimes against children under the age of 11 and a day later, the Governor of Oklahoma signed a similar bill. Amnesty International urges all legislative, executive and judicial authorities in the United States to meet their human rights obligations by not permitting any expansion of the death penalty to non-lethal crimes such as sexual assault. The organization renews its call for a total moratorium on executions in the United States.

Document(s)

Pakistan: Death Penalty Action on Pakistan

By Amnesty International, on 1 January 2006


NGO report


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Amnesty International has received reports from contacts in Pakistan that there has recently been an increase in executions in Pakistan: 60 people have been executed this year in the province of Punjab alone. In addition, 10 executions are known to have taken place in the North-West Frontier Province. There are continuing concerns around the application of the death penalty in Pakistan including the execution of juveniles.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Death penalty developments in 2005

By Amnesty International, on 1 January 2006


NGO report

fres
More details See the document

This document covers significant events concerning the death penalty during the year 2005. Two countries abolished the death penalty for all crimes, bringing to 86 the number of totally abolitionist countries at year end. Moratoria or suspensions of executions were being observed in several countries. At least 2,148 people were executed in 22 countries, and at least 5,186 were sentenced to death in 53 countries. Eight child offenders were executed in Iran. Other sections include significant judicial decisions; the use of the death penalty against child offenders and resumptions of executions.

Document(s)

Commonwealth of Independent States: Positive trend on the abolition of the death penalty but more needs to be done

By Amnesty International, on 1 January 2006


NGO report

ru
More details See the document

On 28 November the meeting of the heads of the states in the Commonwealth of Independent States takes place in Minsk, Belarus. On the eve of the meeting Amnesty International calls on the heads of CIS states to put the issue of the abolition of the death penalty high on their agenda and to do all within their power to make the region a death penalty-free zone. Amnesty international is concerned that the conditions on death row in the region fall far short of international standards.

Document(s)

USA: The execution of mentally ill offenders

By Amnesty International, on 1 January 2006


NGO report


More details See the document

More than 1,000 men and women have been put to death in the USA since executions resumed there in 1977. Dozens of these people had histories of mental impairment, either from before the crimes for which they were sentenced, or at the time of their execution. The report discusses many cases and includes an illustrative list of 100 people. It does not attempt to answer the complex question of precisely which defendants should be exempt from the death penalty on the grounds of mental illness at the time of the crime.

  • Document type NGO report
  • Themes list Mental Illness, Intellectual Disability,

Document(s)

When Law and Ethics Collide — Why Physicians Participate in Executions

By Atul Gawande / New England Journal of Medecine 354(12), 1-13., on 1 January 2006


Article

United States


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Evidence from execution logs showed that six of the last eight prisoners executed in California had not stopped breathing before technicians gave the paralytic agent, raising a serious possibility that prisoners experienced suffocation from the paralytic, a feeling much like being buried alive, and felt intense pain from the potassium bolus. This experience would be unacceptable under the Constitution’s Eighth Amendment protections against cruel and unusual punishment. So the judge ordered the state to have an anesthesiologist present in the death chamber to determine when the prisoner was unconscious enough for the second and third injections to be given — or to perform the execution with sodium thiopental alone.The California Medical Association, the American Medical Association (AMA), and the American Society of Anesthesiologists (ASA) immediately and loudly opposed such physician participation as a clear violation of medical ethics codes. “Physicians are healers, not executioners,” the ASA’s president told reporters. Nonetheless, in just two days, prison officials announced that they had found two willing anesthesiologists. The court agreed to maintain their anonymity and to allow them to shield their identities from witnesses. Both withdrew the day before the execution, however, after the Court of Appeals for the Ninth Circuit added a further stipulation requiring them personally to administer additional medication if the prisoner remained conscious or was in pain. This they would not accept. The execution was then postponed until at least May, but the court has continued to require that medical professionals assist with the administration of any lethal injection given to Morales. This turn of events is the culmination of a steady evolution in methods of execution in the United States.

  • Document type Article
  • Countries list United States
  • Themes list Lethal Injection,

Document(s)

Faith in Action

By Amnesty International - USA, on 1 January 2006


Campaigning


More details See the document

Using faith to combat the death penalty: This document has sermons, prayers and services, essays, views on the death penalty, resources for discussion and action, resources for next steps.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

African Court on Human and Peoples Rights Quick Facts

By African Court on Human and Peoples' Rights, on 1 January 2006


Working with...

enfr
More details See the document

The African Court on Human and Peoples’ Rights was established by the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (Court’s Protocol). The Court’s mission is to complement and reinforce the functions of the Commission in promoting and protecting human and peoples’ rights, freedoms and duties in African Union Member States.

Document(s)

Charter of Arab League

By League of Arab States, on 1 January 2006


Working with...


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The League of Arab States is composed of the independent Arab states which have signed this Charter.

  • Document type Working with...
  • Themes list Networks,

Document(s)

Human Rights and Vulnerable Prisoners (pages 121-132)

By Penal Reform International, on 1 January 2003


2003

Working with...

fafres
More details See the document

This manual is a resource for those who deliver training and workshops on human rights in prisons. It explores the fundamentals of good prison management, focusing specifically on international standards for the treatment of prisoners and the special needs of vulnerable categories of prisoner.

Document(s)

The Death Penalty in Japan: A Practice Unworthy of a Democracy

By International Federation for Human Rights (FIDH) / Sharon Hom / Etienne Jaudel / Richard Wild, on 1 January 2003


NGO report

enfr
More details See the document

Despite the Japanese Federation of Bar Associations’ efforts towards improving the defence system, Japanese prisoners – especially those sentenced to death – do not receive a fair trial.The Daiyo Kangoku practice is one amongst several practices which allows suspects to be detained in police stations for 23 days, contravening the rules of a fair trial. Confessions, which can be obtained through strong pressure, give police the basis for accusation. Furthermore, the conditions on death row themselves amount to cruel, inhuman and degrading treatments: Once the death sentence has been delivered, the prisoner is held in solitary confinement. Detainees have extremely limited contact with families and lawyers and meetings are closely monitored. Above all, prisoners live with the constant fear of never knowing if today will be their last day. The prisoner is informed that the execution will take place on the very same day, and family members are notified the following day.

Document(s)

The exclusion of child offenders from the death penalty under general international law

By Amnesty International, on 1 January 2003


NGO report

fres
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In October 2002 the Inter-American Commission on Human Rights held that “a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime” and that “this rule has been recognized as being of a sufficiently indelible nature to now constitute a norm of jus cogens”. This paper examines the evidence supporting the conclusion that the use of the death penalty against child offenders (people convicted of crimes committed under the age of 18) is prohibited under customary international law and as a peremptory norm of general international law (jus cogens).

Document(s)

The death penalty worldwide: developments in 2002

By Amnesty International, on 1 January 2003


NGO report

fres
More details See the document

This paper covers significant events concerning the death penalty during the year 2002. Other subjects covered in this paper include significant judicial decisions; important studies; the use of the death penalty against the innocent; reductions in the scope of the death penalty; moratoria and commutations; and moves to restrict appeals in capital cases.

Document(s)

West Africa: Time to abolish the death penalty

By Amnesty International, on 1 January 2003


NGO report

fr
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This doument summarizes each of the 16 ECOWAS countries’ legislation on the death penalty, provides information on the most recent executions and convictions and notes the view currently taken by the governments concerned. Two thirds have already abolished the death penalty

Document(s)

Broken Justice: The Death Penalty in Virginia

By Rachel King / American Civil Liberties Union / Virginia, on 1 January 2003


NGO report


More details See the document

In April of 2000, the ACLU of Virginia published its first report on the status of the death penalty in Virginia. Since that time, a remarkable number of changes have taken place on this issue both in Virginia and throughout the country, which necessitated a second edition of the report. The first report examined four aspects of the administration of capital punishment in Virginia: prosecutorial discretion in the charging of capital crimes, quality of legal representation for the accused at trial, appellate review of trials resulting in the death penalty and the role of race. This report will look at those four areas and also add several other issues: the problem of prosecutorial misconduct in capital cases, the problem of executing mentally retarded offenders, the question of executing juvenile offenders and the danger of executing wrongfully convicted persons, as shown by the growing number of individuals who have been exonerated while on death row.

  • Document type NGO report
  • Themes list Country/Regional profiles,

Document(s)

Mercy By the Numbers: An Empirical Analysis of Clemency and Its Structure

By Michael Heise / Virginia Law Review, on 1 January 2003


Article

United States


More details See the document

Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant characteristics, political factors, and clemency’s structure on clemency decisions. The results suggest that although a defendant’s race and ethnicity did not influence clemency, gender did play a role, as women were far more likely than their male counterparts to receive clemency. Analyses of political and structural factors point in different directions. Political factors such as the timing of gubernatorial and presidential elections and a governor’s lame-duck status did not systematically influence clemency. However, how states structure clemency authority did make a difference. Clemency grants were more likely in states that vest authority in administrative boards than in states that vest authority in the governor. Regionality and time were also important as clemency grants were less likely in southern states and declined after 1984. Overall, these mixed results contribute to a critique that clemency decisions are arbitrary and inconsistent. Thus, important questions regarding fairness that plague earlier aspects of the death penalty process persist to its final stage.

  • Document type Article
  • Countries list United States
  • Themes list Clemency,

Document(s)

Why Do White Americans Support the Death Penalty?

By Journal of Politics / Alan R. Metelko / Laura Langbein, on 1 January 2003


Article

United States


More details See the document

This article explores the roots of white support for capital punishment in the United States. Our analysis addresses individual-level and contextual factors, paying particular attention to how racial attitudes and racial composition influence white support for capital punishment. Our findings suggest that white support hinges on a range of attitudes wider than prior research has indicated, including social and governmental trust and individualist and authoritarian values. Extending individual-level analyses, we also find that white responses to capital punishment are sensitive to local context. Perhaps most important, our results clarify the impact of race in two ways. First, racial prejudice emerges here as a comparatively strong predictor of white support for the death penalty. Second, black residential proximity functions to polarize white opinion along lines of racial attitude. As the black percentage of county residents rises, so too does the impact of racial prejudice on white support for capital punishment.

  • Document type Article
  • Countries list United States
  • Themes list Public opinion,

Document(s)

Educational Curriculum on the Death Penalty Classroom Resource Manual

By Death Penalty Information Center, on 1 January 2003


Campaigning


More details See the document

This web site and its accompanying materials are designed to assist both teachers and students in an exploration of capital punishment, presenting arguments for and against its use, as well as issues of ethics and justice that surround it.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases

By American Bar Association, on 1 January 2003


Working with...


More details See the document

The objective of these Guidelines is to set forth a national standard of practice for the defense of capital cases in order to ensure high quality legal representation for all persons facing the possible imposition or execution of a death sentence by any jurisdiction. These Guidelines apply from the moment the client is taken into custody and extend to all stages of every case in which the jurisdiction may be entitled to seek the death penalty, including initial and ongoing investigation, pretrial proceedings, trial, post-conviction review, clemency proceedings and any connected litigation.

  • Document type Working with...
  • Themes list Networks,

Document(s)

The Forgotten Population: A Look at Death Row in the United States Through the Experiences of Women

By American Civil Liberties Union, on 1 January 2004


2004

NGO report


More details See the document

This report — the first-ever national survey of women currently on Death Row — found that women who have been sentenced to death are often subjected to harsh living conditions, including being forced to live in virtual isolation, and many are sentenced for crimes that don’t result in a death sentence for men.

  • Document type NGO report
  • Themes list Women,

Document(s)

Chad, Death Penalty: ending a moratorium, between security opportunism and settling of scores

By International Federation for Human Rights (FIDH) / Mahfoudh Ould Bettah / Isabelle Gourmelon / Olivier Foks, on 1 January 2004


NGO report

fr
More details See the document

The report is damning, showing a system of justice which attaches little importance to regional and international instruments for the protection of human rights ratified by Chad. The case was conducted with a haste wholly incompatible with the respect for the right to a fair trial – proceedings exclusively for the prosecution, confessions obtained under torture, refusal to take account of evidence brought by the defence during the investigation, no lawyer present during the investigation stage. This iniquitous trial proves the hypothesis that justice has been manipulated in order to hide the true nature of a crime and the identity of its perpetrators, whilst securing the executions of persons judged undesirable.

Document(s)

Indonesia: A briefing on the death penalty

By Amnesty International, on 1 January 2004


NGO report

en
More details See the document

This briefing follows the first executions in Indonesia in more than three years. Ayodhya Prasad Chaubey, an Indian national convicted of drug-trafficking in 1994, was executed by firing squad. Two Thai nationals, Saelow Prasert (m) and Namsong Sirilak (f), who had been sentenced to death in the same case, were executed on 1 October 2004. A total of at least 54 people are currently believed to be under sentence of death in Indonesia, 30 of them for drug-related offences. Amnesty International is concerned that these recent developments reflect an increasing willingness by the authorities to use the death penalty to address crime, in particular drug-trafficking. The organization is also concerned about calls to expand the number of crimes for which the death penalty may be imposed.

Document(s)

STOP CHILD EXECUTIONS! Ending the death penalty for child offenders

By Amnesty International, on 1 January 2004


NGO report

fres
More details See the document

International law prohibits the use of the death penalty for crimes committed by people younger than 18, yet some countries continue to execute child offenders or sentence them to death. Although executions of child offenders are few compared to the total number of executions in the world, they represent a complete disregard by the executing states of their commitments under international law, and an affront to all notions of morality and decency when it comes to the protection of children – one of the most vulnerable groups in society. This document describes the use of the death penalty against child offenders worldwide and its prohibition under international law.

Document(s)

Protecting the right to life against the Death Penalty. Written observations to the Inter-American Court of Human Rights on Legislative or Other Measures Denying Judicial or Other Effective Recourses to Challenge the Death Penalty.

By Amnesty International, on 1 January 2004


NGO report

es
More details See the document

This document contains Amnesty International’s written observations to the Inter-American Court of Human Rights on legislative or other measures denying judicial or other effective recourse to challenge the death penalty; in the matter of a request by the Inter-American Commission on Human Rights for an advisory opinion from the Inter-American Court of Human Rights (article 64(1) of the American Convention on Human Rights) and in the matter of legislative measures concerning the mandatory imposition of the death penalty and related matters.

Document(s)

Innocence and the Crisis in the American Death Penalty

By Death Penalty Information Center / Richard C. Dieter, on 1 January 2004


NGO report


More details See the document

This report catalogs the emergence of innocence as the most important issue in the long-simmering death penalty debate. The sheer number of cases and the pervasive awareness of this trend in the public’s consciousness have changed the way capital punishment is perceived around the country. The steady evolution of this issue since the death penalty was reinstated in 1976 has been accelerated in recent years by the development of DNA technology, the new gold standard of forensic investigation. This science, along with a vigorous re-investigation of many cases, has led to the discovery of a growing number of tragic mistakes and freed inmates. The evidence in this report presents a compelling case for many Americans that the risks associated with capital punishment exceed acceptable bounds. One hundred and sixteen people have been freed from death row after being cleared of their charges, including 16 people in the past 20 months. These inmates cumulatively spent over 1,000 years awaiting their freedom. The pace of exonerations has sharply increased, raising doubts about the reliability of the whole system.

  • Document type NGO report
  • Themes list Innocence,

Document(s)

The Death Penalty in Lesotho: The Law and Practice

By Moses O A Owori / British Institute of International and Comparative Law, on 1 January 2004


NGO report


More details See the document

The first part of the paper looks at the national law governing the death penalty vis-à-vis international standards; the second part of the paper identifies the problems one encounters at the pretrial, trial and post trial stages and examines the attempts to solve some of these problems; the final part looks at present trends in the application of the death penalty and draws tentative conclusions as to the future prospects of the death penalty in Lesotho.

  • Document type NGO report
  • Themes list Due Process ,

Document(s)

Arab Charter on Human Rights

By League of Arab States, on 1 January 2004


Regional body report

arfr
More details See the document

Article 51. Every human being has the inherent right to life.2. This right shall be protected by law. No one shall be arbitrarily deprived of his life.Article 6Sentence of death may be imposed only for the most serious crimes inaccordance with the laws in force at the time of commission of the crime and pursuant to a final judgement rendered by a competent court. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.Article 71. Sentence of death shall not be imposed on persons under 18 years of age, unlessotherwise stipulated in the laws in force at the time of the commission of the crime.2. The death penalty shall not be inflicted on a pregnant woman prior to her deliveryor on a nursing mother within two years from the date of her delivery; in all cases, the best interests of the infant shall be the primary consideration.

Document(s)

Dangerousness, Risk Assessment, and Capital Sentencing

By Aletha M. Claussen-Schulza / Psychology, Public Policy and Law / Marc W. Pearceb / Robert F. Schopp, on 1 January 2004


Article

United States


More details See the document

Judges, jurors, police officers, and others are sometimes asked to make a variety of decisions based on judgments of dangerousness. Reliance on judgments of dangerousness in a variety of legal contexts has led to considerable debate and has been the focus of numerous publications. However, a substantial portion of the debate has centered on the accuracy and improvement of risk assessments rather than the issues concerning the use of dangerousness as a legal criterion. This article focuses on whether dangerousness judgments can play a useful role in capital sentencing decisions within the framework of “guided discretion” and “individualized assessment” set forth by the Supreme Court of the United States. It examines the relationship between these legal doctrines and contemporary approaches to risk assessment, and it discusses the potential tension between these approaches to risk assessment and these legal doctrines. The analysis suggests that expert testimony has the potential to undermine rather than assist the sentencer’s efforts to make capital sentencing decisions in a manner consistent with Supreme Court doctrine. This analysis includes a discussion of the advances and limitations of current approaches to risk assessment in the context of capital sentencing.

  • Document type Article
  • Countries list United States
  • Themes list Networks,

Document(s)

Capital Punishment, the Moratorium Movement, and Empirical Questions: Looking Beyond Innocence Race and Bad Lawyering in Death Penalty Cases

By James R. Acker / Charles A. Lanier / Psychology, Public Policy and Law, on 1 January 2004


Article

United States


More details See the document

This article briefly explores the underpinnings of the contemporary capital punishment moratorium movement and examines executive and legislative responses to calls for a halt to executions, including suggestions for studying the death penalty process. Although most investigations focus on select issues like innocence, ineffective counsel, and race bias, this article suggests that a wide-ranging constellation of issues should be investigated in any legitimate attempt to evaluate the administration of the death penalty. The article canvasses this broader sweep of issues, discusses related research evidence, and then considers the policy implications of conducting such a thorough empirical assessment of the administration of capital punishment in this country.

  • Document type Article
  • Countries list United States
  • Themes list Moratorium ,

Document(s)

Stuck in the Dark Ages: Supreme Court Decision Making and Legal Developments

By James R.P. Ogloff / Psychology, Public Policy and Law / Sonia R. Chopra, on 1 January 2004


Article

United States


More details See the document

In the latter quarter of the 20th century, the United States Supreme Court has generally refused to narrow the procedural and substantive conditions under which adults may be sentenced to death for capital murder. The current status of social science evidence is briefly reviewed to evaluate the Court’s treatment of 3 specific categories of evidence: The death-qualified jury, prejudicial capital sentencing, and juror comprehension of capital-sentencing instructions. The role of perceptions of public opinion in the perseverance of capital punishment statutes is considered. It appears that the Court, in general, does not place much weight on social science evidence. Suggestions are made for future areas of research and practice for social scientists interested in capital punishment.

  • Document type Article
  • Countries list United States
  • Themes list Networks,

Document(s)

Exploring the Effects of Altitudes Toward the Death Penalty on Capital Sentencing Verdicts

By Kevin O’Neil / Psychology, Public Policy and Law / Marc W. Patry / Steven D. Penrod, on 1 January 2004


Article

United States


More details See the document

Attitudes toward the death penalty are multifaceted and strongly held, but little research outside of the death-qualification literature has focused on the role that such attitudes and beliefs play in jurors’ capital sentencing verdicts. A single item is insufficient to properly measure attitudes toward the death penalty; therefore, a new 15-item, 5-factor scale was constructed and validated. Use of this scale in 11 studies of capital jury decision making found a large effect of general support of the death penalty on sentencing verdicts as well as independent aggravating effects for the belief that the death penalty is a deterrent and the belief that a sentence of life without parole nonetheless allows parole. These effects generally were not completely mediated by, nor did attitudes moderate the effects of, aggravating and mitigating factors.

  • Document type Article
  • Countries list United States
  • Themes list Networks,

Document(s)

The Death Penalty in the United States: A Crisis of Conscience

By Richard L. Wiener / Craig Haney / Psychology, Public Policy and Law, on 1 January 2004


Article

United States


More details See the document

The articles in this issue discuss many appellate court decisions that turned on due process problems in the guilt and penalty phases of capital murder trials and the troubling role of race in capital prosecutions. Governor Ryan of Illinois cited many of these issues when he declared a moratorium on the death penalty and appointed a blue-ribbon panel to study the prosecution of capital murder in 2000. Governor Ryan commuted the sentences of all Illinois death row inmates in January 2003, in part, because the legislature was unable to address these issues that again appeared in the panel’s report. These issues raise serious questions about the reliability of the capital murder system and recommend a continued public debate about its fairness.

  • Document type Article
  • Countries list United States
  • Themes list Networks,

Document(s)

Guided Jury Discretion in Capital Murder Cases: The Role of Declarative and Procedural Knowledge

By Richard L. Wiener / Psychology, Public Policy and Law / Melanie Rogers / Ryan Winter / Linda Hurt / Amy Hackney / Karen Kadela / Hope Seib / Shannon Rauch / Laura Warren / Ben Morasco, on 1 January 2004


Article

United States


More details See the document

This article analyzes whether state-approved jury instructions adequately guide jury discretion in the penalty phase of first-degree murder trials. It examines Eighth Amendment jurisprudence regarding guided jury discretion, emphasizing the use of “empirical factors” to examine the quality of state-approved instructions. Psychological research and testimony on the topic of the comprehensibility of jury instructions are reviewed. Data from a recently completed simulation with 80 deliberating juries showed that current instructions do not adequately convey the concepts and processes essential to guiding penalty phase judgments. An additional simulation with 20 deliberating juries demonstrated that deliberation alone does not correct for jurors’ errors in comprehension. The article concludes with recommendations for policy and future research.

  • Document type Article
  • Countries list United States
  • Themes list Fair Trial,

Document(s)

Poster World Day 2010

By World Coalition against the death penalty , on 10 October 2010


2010

Campaigning

Trend Towards Abolition

esfr
More details Download [ pdf - 82 Ko ]

Poster World Day against the death penalty 2010

Document(s)

Triggers for the abolition of the death penalty in Africa: a Southern African perspective

By Fédération Internationale des Ligues des Droits de l'Homme (FIDH), on 1 January 2017


2017

NGO report

fr
More details See the document

In Africa, more than 80% of countries have abolished the death penalty in law or in practice, with only 10 countries executing within the past decade, said FIDH and DITSHWANELO in their joint study, “Triggers for the abolition of the death penalty in Africa: a Southern African perspective”.The 36 pages study identifies the triggers leading to the abolition of the death penalty in Africa. It was released simultaneously with a documentary called #Gambia has decided which shows the current abolitionist process experienced in The Gambia.

Document(s)

Stakeholder report for Iraq UPR

By World Coalition Against the Death Penalty / The Advocates for Human Rights / Iraqi Coalition Against the Death Penalty, on 1 January 2014


2014

NGO report


More details See the document

The Advocates for Human Rights, in collaboration with the World Coalition Against the Death Penalty and the Iraqi Coalition Against the Death Penalty, submitted a joint stakeholder report to the U.N. Human Rights Council for its October-November 2014 Universal Periodic Review of Iraq. This submission describes Iraq’s international human rights obligations with regard to its use of the death penalty.

  • Document type NGO report
  • Themes list Minorities, Due Process , Fair Trial, International law, Transparency, Torture, Discrimination, Legal Representation, Most Serious Crimes, Hanging, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

Cost

By National Coalition Against the Death Penalty, on 1 January 2014


Arguments against the death penalty


More details See the document

This document provides information on the cost of death penalty cases in the United States.

  • Document type Arguments against the death penalty
  • Themes list Networks, Financial cost,

Document(s)

List of signatories to the Second Optional Protocol by region

By World Coalition Against the Death Penalty, on 1 January 2014


Lobbying

fr
More details See the document

List of states that have signed and/or ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights. Classifyied by region of the world as of 1st July 2011.

Document(s)

Death Penalty Information Pack

By Penal Reform International , on 1 January 2014


NGO report


More details See the document

PRI information pack on the state of the death penalty in 2014: international trends toward abolition; moratorium; the death penalty for the “most serious crimes”; right to a fair trial; mandatory death penalty; conditions of imprisonment; clemency; execution; transparency; deterrence; public opinion; victims’ rights.

  • Document type NGO report
  • Themes list Networks,

Document(s)

The Death Penalty in the OSCE Area

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2014


International law - Regional body


More details See the document

This publication covers the period 1 July 2010 to 30 June 2011 and offers a concise update that highlights only those changes in the status of the death penalty made since the last Background Paper.

  • Document type International law - Regional body

Document(s)

Facilitation manual: A guide to using participatory methodologies for human rights education

By Amnesty International, on 1 January 2014


NGO report


More details See the document

This guide is part of Amnesty International’s Education for Human Dignity project and is intended to be used with the project’s substantive modules on poverty and human rights issues. This facilitation manual has been developed, however, with the necessary flexibility to be used alone as a general resource in a diversity of settings.

  • Document type NGO report
  • Themes list Public opinion, Public debate,

Document(s)

Death sentences and executions 2013

By Amnesty International, on 1 January 2014


NGO report

arfarufres
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2013. Amnesty International records figures on the use of the death penalty based on the best available information.

Document(s)

The death penalty, terrorism and international law

By Penal Reform International, on 1 January 2014


Academic report


More details See the document

The death penalty is retained for terrorism offences in many countries, but how does it conform with international standards? The global community has had much to say about both terrorism and capital punishment; this paper brings together the key arguments to identify the appropriate state responses in the face of terrorism.

  • Document type Academic report
  • Themes list International law, Terrorism,

Document(s)

Fighting for clients’ lives: the impact of the death penalty on defence lawyers

By Susannah Sheffer / Penal Reform International, on 1 January 2014


Working with...


More details See the document

How are lawyers affected by defending death penalty cases, where failure means execution? And how do they respond when their clients are killed?This briefing paper, written by Susannah Sheffer and drawing on her book Fighting for their lives, showcases the voices of the lawyers themselves to demonstrate the profound and long-lasting impacts that the death penalty can have on those indirectly affected by it.

  • Document type Working with...
  • Themes list Legal Representation,

Document(s)

Irreversible Error: Recommended Reforms for Preventing and Correcting Errors in the Administration of Capital Punishment

By The Constitution Project, on 1 January 2014


NGO report


More details See the document

The Committee also offers a host of other recommendations to prevent and correct wrongfulconvictions. These include recommendations regarding the preservation, testing andpresentation of forensic evidence; the creation of statutory remedies for wrongful convictionsand the implementation of procedures for the systemic review to help avoid future errors; thevideotaping of custodial interrogations – where practical – in order to avoid the documentedproblem of false and otherwise inaccurate confessions; the adoption of best practices foreyewitness identifications; the effective implementation of prosecutors’ constitutionalobligation to disclose exculpatory evidence; and enforcement of the Vienna Convention onConsular Relations.

  • Document type NGO report
  • Themes list Innocence,

Document(s)

Manifesto for a Protocol to the African Charter on the abolition of the death penalty

By International Federation for Human Rights (FIDH) / FIACAT, on 1 January 2014


Working with...

fr
More details See the document

Continental Conference on the Death Penalty2-4 July 2014, Cotonou, BeninHuman Rights Organisations’ Manifesto for a Protocolto the African Charter on the Abolition of the Death Penalty in Africa

Document(s)

Last 100 executed: Who are they?

By Death Penalty Information Center, on 1 January 2014


Arguments against the death penalty


More details See the document

Some defendants who commit murder are automatically excluded from the death penalty in the U.S., such as juveniles and the intellectually disabled. Others with similar deficits are regularly executed. A new study by Robert Smith (l.), Sophie Cull, and Zoe Robinson examined the mitigating evidence present in 100 recent cases resulting in execution, testing whether the offenders possessed mitigating qualities similar to those spared from execution. This infographic presents some of their findings.

  • Document type Arguments against the death penalty
  • Themes list Mental Illness, Arbitrariness,

Document(s)

Shadow Report on the Death Penalty in the United States of America for the CERD

By The Advocates for Human Rights / Puerto Rican Coalition against the Death Penalty / Greater Caribbean For Life, on 1 January 2014


NGO report


More details See the document

This report for consideration during the85th Session of the United Nations Committee on the Elimination of Racial Discrimination addresses five main issues with regard to the United States’ use of the death penalty and how the death penalty disproportionately affects minorities in the United States.

  • Document type NGO report
  • Themes list Discrimination,

Document(s)

Infographic: the Death Penalty in the Americas

By IACHR , on 1 January 2014


Multimedia content

es
More details See the document

On the occasion of the International Day against the Death Penalty, the Inter-American Commission on Human Rights (IACHR) urges member States of the Organization of American States (OAS) that retain the death penalty to abolish it, or to impose a moratorium on its application as a step toward abolition, and to ensure full compliance with decisions of the IACHR concerning death penalty cases. While a majority of the member States of the OAS has abolished capital punishment, a substantial minority retains it. The United States is currently the only country in the Western hemisphere to carry out executions.

Document(s)

Racial Bias

By National Coalition Against the Death Penalty, on 1 January 2014


Arguments against the death penalty


More details See the document

This webpage provides information on the link between racism and the death penalty in the United States.

  • Document type Arguments against the death penalty
  • Themes list Discrimination,

Document(s)

Moving Away from the Death Penalty: Arguments, Trends, and Perspectives

By United Nations / Ivan Šimonovic, on 1 January 2014


International law - United Nations


More details See the document

Why yet another book on the death penalty? The answer is simple: Aslong as the death penalty exists, there is a need for advocacy against it.This book provides arguments and analysis, reviews trends and sharesperspectives on moving away from the death penalty.

  • Document type International law - United Nations
  • Themes list Trend Towards Abolition,

Document(s)

The abolition of the death penalty in the United Kingdom. How it happened and why it still matters

By Death Penalty Project / Julian B. Knowles QC, on 1 January 2015


2015

NGO report


More details See the document

Drawing on his own extensive advocacy experience in individual death row cases, Knowles traces the history of capital punishment in the UK, and in particular, the sequence of events that led to its abolition and analyses the impact that domestic and international law would have on any attempt to reintroduce it.Many lessons can be learnt from the United Kingdom’s experience. The movement to abolition was brought about by a combination of factors, including Parliamentary campaigning; changing attitudes towards social and penal affairs; and significantly, public disquiet over three controversial executions in the 1950s and a shocking series of miscarriages of justice cases that came to light in subsequent years.

  • Document type NGO report
  • Themes list Trend Towards Abolition, Country/Regional profiles,

Document(s)

The Death Penalty in the OSCE Area

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2014


2014

International law - Regional body


More details See the document

The 2014 Background Paper covers the period from 1 July 2013 to 30 June2014. It highlights changes in the status of the death penalty in the OSCE areathat have taken place since the publication of the 2013 Background Paper.8As inprevious years, the background paper provides information on two participatingStates – Belarus and the United States of America – that continue to impose thedeath penalty, and on four participating States – Kazakhstan, Mongolia, Russia andTajikistan – that are de facto abolitionist, but retain the death penalty in law. It alsoprovides an overview of relevant developments in some of the 51 OSCE participatingStates that have an abolitionist status.

  • Document type International law - Regional body
  • Themes list Statistics,

Document(s)

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions

By University of Pittsburgh Law Review / Christof Heyns , on 1 January 2014


International law - United Nations

arrufres
More details See the document

In the present report, the Special Rapporteur provides an overview of hisactivities and considers four topics relating to the protection of the right to life:(a) the role of regional human rights systems; (b) less lethal and unmanned weaponsinlaw enforcement; (c) resumptions of the death penalty; and (d) the role ofstatistical indicators.

Document(s)

America has abandoned the death penalty

By The Charles Hamilton Houston Institute for Race & Justice / Harvard Law School, on 1 January 2015


2015

Academic report


More details See the document

In 2015, America had the lowest number of executions in 25 years. Of the 28 people executed, 68% suffered from severe mental disabilities or experienced extreme childhood trauma and abuse according to a new report released by Harvard Law School’s Charles Hamilton Houston Institute for Race & Justice. A significant number of the executed individuals had multiple mental impairments. Two individuals were executed despite doubts about their guilt.

  • Document type Academic report
  • Themes list Country/Regional profiles,

Document(s)

Written Statement to the 20th Session of the Working Group on the Universal Periodic Review on Iran

By Iran Human Rights (IHR) / United Nations / World Coalition Against the Death Penalty / The Advocates for Human Rights / Abdorrahman Boroumand Foundation for the Promotion of Human Rights and Democracy in Iran / Association for Human Rights in Kurdistan of Iran-Geneva (KMMK-G), on 1 January 2014


2014

NGO report


More details See the document

This report is being submitted by Abdorrahman Boroumand Foundation, The Advocates for Human Rights, Iran Human Rights (IHR), Association for Human Rights in Kurdistan of Iran-Geneva (KMMK-G), and the World Coalition Against the Death Penalty, relevant stakeholders, in conjunction with the Universal Periodic Review of Iran by the United Nations Human Rights Council. Iran will be subject to review during the 20th session (October – November 2014). This report examines the imposition of the death penalty in Iran in light of international human rights standards. This report will also examine and discuss the judicial process applied in cases involving punishment by the death penalty. Reports and commentary indicate that there is a serious problem of access to justice for the vast majority of individuals accused of crimes for which the death penalty is a possible punishment. It has been compiled from a combination of sources, including the penal code, news reports, non-governmental organizations (NGOs), and other commentary.

  • Document type NGO report
  • Themes list Juveniles, Minorities, Religion , Due Process , International law, Capital offences, Right to life, Drug Offences, Foreign Nationals, Stoning, Statistics,

Document(s)

Stakeholder Submission to the United Nations Universal Periodic Review on the United States

By The Advocates for Human Rights / Puerto Rican Coalition against the Death Penalty / Greater Caribbean For Life, on 1 January 2014


NGO report


More details See the document

This submission addresses the United States’ compliance with its human rights obligations with regard to its use of the death penalty. This submission concludes that the United States, in continuing to allow a sentence of death, does not guarantee its citizens adequate protection against cruel and unusual punishment, freedom from discrimination, rights to life, liberty and security of person, due process, and equal protection. It also is failing to provide an adequate remedy for those whose rights are violated.

  • Document type NGO report
  • Themes list Due Process , Right to life, Cruel, Inhuman and Degrading Treatment and Punishment, Innocence, Discrimination, Foreign Nationals, Lethal Injection, Country/Regional profiles,

Document(s)

Report on the Death Penalty in Iraq UNAMI/OHCHR

By Office of the High Commissioner for Human Rights (OHCHR) / United Nations Assistance Mission for Iraq (UNAMI) Human Rights Office, on 1 January 2014


International law - United Nations


More details See the document

This reporton the death penalty in Iraqis publishedjointlyby the Human RightsOffice of theUnited Nations Assistance Mission for Iraq (UNAMI)andthe Office of the United Nations HighCommissioner for Human Rights (OHCHR).The first section of this report outlines the international human rights standards on the use of thedeath penalty. The subsequent sections examine the domestic legal framework for the use of thedeath penalty in Iraq, judicial proceedings in death penalty cases, the implementation of the deathpenalty since 2004, and thejustifications put forward by the Government of Iraq for its continueduse. The report concludes with a set of recommendations tothe Iraqi authorities, the Governmentof Kurdistan Region and the international community.

  • Document type International law - United Nations
  • Themes list Due Process , Hanging, Country/Regional profiles,

Document(s)

Just Mercy: A Story of Justice and Redemption

By Bryan Stevenson / Spiegel & Grau, on 1 January 2014


Book

United States


More details See the document

Bryan Stevenson, founder of the Equal Justice Initiative in Alabama, has written a new book, Just Mercy, about his experiences defending the poor and the wrongfully convicted throughout the south. It includes the story of one of Stevenson’s first cases as a young lawyer, that of Walter McMillian, who was eventually exonerated and freed from death row. McMillian, a black man, had been convicted of the murder of a white woman in Monroeville, Alabama. His trial lasted just a day and a half, prosecutors withheld exculpatory evidence, and the judge imposed a death sentence over the jury’s recommendation for life. Archbishop Desmond Tutu said of the book, “Bryan Stevenson is America’s young Nelson Mandela, a brilliant lawyer fighting with courage and conviction to guarantee justice for all. Just Mercy should be read by people of conscience in every civilized country in the world to discover what happens when revenge and retribution replace justice and mercy. It is as gripping to read as any legal thriller, and what hangs in the balance is nothing less than the soul of a great nation.”

  • Document type Book
  • Countries list United States
  • Themes list Due Process , Fair Trial, Death Penalty,

Document(s)

Social survey: public attitudes in Kazakhstan to the death penalty for terrorist offences

By Penal Reform International, on 1 January 2014


NGO report


More details See the document

This survey polled public opinion in Kazakhstan towards the use of the death penalty for terrorist offences resulting in death, and also for especially grave crimes committed inwartime.

  • Document type NGO report
  • Themes list Public opinion,

Document(s)

THE DEATH PENALTY IN 2014: YEAR END REPORT

By Death Penalty Information Center, on 1 January 2014


NGO report


More details See the document

With 35 executions this year, 2014 marks the fewest people put to death since 1994, according to this report by the Death Penalty Information Center (DPIC). The 72 new death sentences in 2014 is the lowest number in the modern era of the death penalty, dating back to 1974. Executions and sentences have steadily decreased, as Americans have grown more skeptical of capital punishment. The states’ problems with lethal injections also contributed to the drop in executions this year.Death sentences—a more current barometer than executions—have declined by 77% since 1996, when there were 315. There were 79 death sentences last year. This is the fourth year in a row that there have been fewer than 100 death sentences.

  • Document type NGO report
  • Themes list Mental Illness, Innocence, Intellectual Disability, Lethal Injection, Statistics,

Document(s)

The Death Penalty in 2014: infographic

By Death Penalty Information Center, on 1 January 2014


NGO report


More details See the document

DPIC’s 2014 Year-End Report. Death sentences were at a 40-year low and executions were at a 20-year low. Texas, Missouri, and Florida accounted for 80% of all the executions in the United States. There were 7 exonerations this year and it took an average of 30 years to discover their innocence.

  • Document type NGO report
  • Themes list Innocence, Statistics,

Document(s)

Written Statement to the 22nd Session of the Working Group on the Universal Periodic Review on Malawi

By World Coalition Against the Death Penalty / The Advocates for Human Rights, on 1 January 2014


NGO report


More details See the document

This submission informs on Malawi’s international human rights obligations with regard to its use of the death penalty. This report will also examine and discuss the judicial process applied in cases involving punishment by the death penalty. Reports and commentary indicate that there is a serious problem of prison conditions and access to justice for the vast majority of individuals accused of crimes for which the death penalty is a possible punishment. This report has been compiled from a combination of sources, including the Malawi Penal Code, experts, news reports, non-governmental organizations, and other commentary. Further, this report makes recommendations that steps be taken to alleviate such conditions. These steps include both reducing the maximum possible sentence from death to one that is fair, proportionate and respects international human rights standards, complete abolition of capital punishment, universal access to adequate legal representation and provision of clean, safe, and appropriate prison conditions as well as regular monitoring.

  • Document type NGO report
  • Themes list Due Process , Death Row Conditions, Country/Regional profiles,

Document(s)

Malawi : 22nd Session of the Working Group on the Universal Periodic Review

By World Coalition Against the Death Penalty / The Advocates for Human Rights, on 1 January 2014


Multimedia content

Malawi


More details See the document

This submission informs on Malawi’s international human rights obligations with regard to its use of the death penalty.This report will also examine and discussthe judicial process applied in cases involving punishment by the death penalty.

  • Document type Multimedia content
  • Countries list Malawi
  • Themes list Due Process , Death Penalty,

Document(s)

The Role of Race in Washington State Capital Sentencing, 1981-2014

By Katherine Beckett / University of Washington, on 1 January 2014


Academic report


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This report assesses whether race influences the administration of capital punishment in Washington State, and if so, where in the process it matters.

  • Document type Academic report
  • Themes list Discrimination, Death Penalty, Country/Regional profiles,

Document(s)

Japan : 111 th Session of the Human Rights Committee

By World Coalition Against the Death Penalty / The Advocates for Human Rights / Center for Prisoners' Rights / Fédération Internationale des Ligues des Droits de l'Homme (FIDH), on 1 January 2014


Multimedia content

Japan


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This report examinesprison conditionsandthe imposition of the death penalty in Japan in light of international human rights standards.

  • Document type Multimedia content
  • Countries list Japan
  • Themes list Due Process , International law, Death Row Conditions,

Document(s)

Iraq : Twentieth Session of the Working Group on the Universal Periodic Review

By World Coalition Against the Death Penalty / The Advocates for Human Rights / Iraqi Coalition Against the Death Penalty, on 1 January 2014


Multimedia content

Iraq


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This submission addresses Iraq’s compliance with its human rights obligations withregard to its use of the death penalty. This submission concludes that Iraq cannotguarantee its citizens adequate domestic and international guarantees against the arbitrarydeprivation of life and therefore should abolish the death penalty.

  • Document type Multimedia content
  • Countries list Iraq
  • Themes list Fair Trial, Arbitrariness,

Document(s)

Iran : 20 th Session of the Working Group on the Universal Periodic Review

By Iran Human Rights (IHR) / World Coalition Against the Death Penalty / The Advocates for Human Rights / Abdorrahman Boroumand Foundation for the Promotion of Human Rights and Democracy in Iran / Association for Human Rights in Kurdistan of Iran-Geneva (KMMK-G), on 1 January 2014


Multimedia content

Iran (Islamic Republic of)


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Thisreport examines the imposition of the death penalty in Iran in light of international human rightsstandards.This report will also examine and discuss the judicial process applied in casesinvolving punishment by the death penalty.

  • Document type Multimedia content
  • Countries list Iran (Islamic Republic of)
  • Themes list Due Process , Fair Trial, International law,

Document(s)

Central African Republic : Seventeenth Session of the Working Group on the Universal Periodic Review

By The Advocates for Human Rights, on 1 January 2014


Multimedia content

Central African Republic


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This submission addresses the Central African Republic’s compliance with its humanrights obligations with regard to its use of the death penalty. This submission concludesthat although the Central African Republic (CAR) should be given great credit for takingimportant steps towards abolition of the death penalty, including supporting the 2012U.N. General Assembly resolution calling for a moratorium on the death penalty, manyhurdles remain in terms of ensuring that the citizens of CAR are afforded adequatedomestic and international guarantees against the arbitrary deprivation of life.

  • Document type Multimedia content
  • Countries list Central African Republic
  • Themes list Due Process , Trend Towards Abolition, Arbitrariness,

Document(s)

ARBITRARINESS: Getting a Death Sentence May Depend on the Budget of the County

By Death Penalty Information Center, on 1 January 2014


NGO report


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Whether the death penalty will be sought in a murder may depend more on the budget of the county in which it is committed than on the severity of the crime, according to several prosecutors. A report by the Marshall Project found that the high costs of capital cases prevent some district attorneys from seeking the death penalty.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Iran: The use of the death penalty for drug-related offences as a tool of political control

By Taimoor Aliassi / IRAN HUMAN RIGHTS REVIEW, on 1 January 2014


Article

Iran (Islamic Republic of)

fa
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The Iranian authorities use the drug issue to enforce their rule and repress ethnic nationalities and members of opposition groups. Whenever it faces escalating crises, internally or externally, new and harsher laws against drugs and addicts are adopted and public hangings of members of ethnic nationalities increase dramatically. The following periods of hangings and drug laws illustrate this policy.

Document(s)

Juan Melendez-6446

By Comision de Derechos Civiles / Luis Rosario Albert, on 1 January 2014


Working with...


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This educational guide accompany the documentary Juan Melendez 6446.

  • Document type Working with...
  • Themes list Innocence, Death Penalty, Country/Regional profiles,

Document(s)

Joint Statement on the Death Penalty in Bahrain

By Bahrain Institute for Rights and Democracy, on 1 January 2015


2015

Multimedia content

Bahrain


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Joint statement calling on the government to immediately commute all death sentences; to investigate all allegations of torture made by persons sentenced to death, and to dismiss any and all convictions made on the basis of confessions obtained under conditions of torture; to re-impose a moratorium on the death penalty with a view towards abolishing the practice.

  • Document type Multimedia content
  • Countries list Bahrain
  • Themes list Country/Regional profiles,