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Facts and Figures 2009

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Faits et chiffres 2009

The present report contains information on the question of the death penalty covering the period from June 2009 to July 2010, and draws attention to a number of phenomena, including the continuing trend towards abolition and the ongoing difficulties experienced in gaining access to reliable information on executions.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages Questions de la peine de mort: Rapport du Secrétaire généralمسألة عقوبة الإعدام: تقرير مقدم من الأمين العامВопрос о смертной казни: Доклад Генерального секретаря死刑问题: 秘书长的报告La cuestión de la pena capital: Informe del Secretario General

Facts and Figures 2011

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Faits et chiffres 2011

In chapter III, the Special Rapporteur focuses on the compatibility of the death penalty with the prohibition of cruel, inhuman and degrading punishment. He concludes that the historic interpretation of the right to personal integrity and human dignity in relation to the death penalty is increasingly challenged by the dynamic interpretation of this right in relation to corporal punishment and the inconsistencies deriving from the distinction between corporal and capital punishment, as well as by the universal trend towards the abolition of capital punishment.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages تقرير المقرر الخاص المعني بمسألة التعذيب وغيره من ضروب المعاملةأو العقوبة القاسية أو اللاإنسانية أو المهينة، مانفرِد نوواكRapport du Rapporteur spécial sur la torture et autres peines ou traitements cruels, inhumains ou dégradants, Manfred Nowak酷刑和其他残忍、不人道或有辱人格的待遇或处罚问题特别报告员曼弗雷德·诺瓦克的报告Informe del Relator Especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes, Manfred NowakДоклад Специального докладчика по вопросу о пытках и других жестоких, бесчеловечных или унижающих достоинство видах обращения и наказания Манфреда Новака

The present report contains information covering the period from January 2006 to May 2008. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages مسألة عقوبة الإعدام: تقرير مقدم من الأمين العامВопрос о смертной казни: Доклад Генерального секретаряQuestion de la peine de mort : Rapport du Secrétaire général死刑问题: 秘书长的报告La cuestión de la pena capital: Informe del Secretario General

The present report details the activities of the Special Rapporteur in 2009 and the first four months of 2010. This is the final report to the Human Rights Council by Philip Alston in his capacity as Special Rapporteur. It analyses the activities and working methods of the mandate over the past six years, and identifies important issues for future research. Detailed addenda to this report address: (a) accountability for killings by police; (b) election-related killings; and (c) targeted killings.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages تقرير المقرر الخاص المعني بحالات الإعدام خارج نطاق القضاءأو بإجراءات موجزة أو تعسفًا، السيد فيليب ألستونДоклад Специального докладчика по вопросу о внесудебных казнях, казнях без надлежащего судебного разбирательства или произвольных казнях, Филипа АлстонаRapport du Rapporteur spécial sur les exécutions extrajudiciaires, sommaires ou arbitraires, M. Philip AlstonInforme del Relator Especial, Philip Alston, sobre las ejecuciones extrajudiciales, sumarias o arbitrarias

In addition to reporting on the principal initiatives undertaken in 2006 to address the scourge of extrajudicial executions around the world, this report focuses on four issues of particular importance: (a) the mandate of the Special Rapporteur in armed conflicts; (b) “mercy killings” in armed conflict; (c) the “most serious crimes” for which the death penalty may be imposed; and (d) the international law status of the mandatory death penalty.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages تقرير المقرر الخاص المعني بحالات الإعدام خارج نطاق القضاءДоклад Специального докладчика по вопросу о внесудебных казнях, казнях без надлежащего судебного разбирательства или произвольных казнях Филипа АлстонаRapport du Rapporteur spécial sur les exécutions extrajudiciaires, sommaires ou arbitraires, M. Philip Alston法外处决、即审即决或任意处决问题特别报告员菲利普·奥尔斯顿的报告法外处决、即审即决或任意处决问题特别报告员菲利普·奥尔斯顿的报告Informe del Relator Especial, Philip Alston, sobre las ejecuciones extrajudiciales, sumarias o arbitrarias

Discrimination, unfair trials, judicial error, the execution of child
offenders and those suffering from mental disabilities all
amount to a failure of justice and provide more compelling rea-
sons to abolish the death penalty. 10 October 2006 is the fourth
World Day Against the Death Penalty. Join the World Coalition
Against the Death Penalty in working for an end to the use of
capital punishment and a globe free of judicial killing.

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Affiche journée mondiale 2006

• Document type World Coalition
• Themes list Gender
• Available languages Brochure femme et peine de mort

• Document type World Coalition
• Themes list Gender
• Available languages Brochure personnes LGBTQIA+ et peine de mort

Given how pressing the problem has become, and the real interest in reforms to promote access to justice, this article takes a different tack than prior habeas reform work: to restore habeas corpus to its pre-AEDPA and pre-Rehnquist court state, in which a federal court can review claims and reach their merits. The approach would preserve flexibility at the district court level and remove the many layers of procedural complexity that the Supreme Court and then Congress have erected. We believe that deep changes are needed, and in that, we agree with judges and scholars that have for some time proposed such changes in the writ. As we describe, AEDPA was enacted as a culmination of more than two decades of complex Supreme Court law that had already limited access to federal habeas corpus. While AEDPA incorporated some of those procedural rulings, the concern would be that should AEDPA be repealed, even in part, those court-made restrictions could be interpreted to supplant AEDPA restrictions. Clear statutory language will be needed to ensure that the Court does not frustrate Congress, as it has in the past, by supplementing statutory text in order to limit constitutional remedies. We do not mean to suggest that the various proposals set out here are exhaustive. Our goal is to promote careful considerations of alternatives to the present-day set of federal habeas corpus statutes and accompanying judicial interpretation.

• Document type Academic report
• Countries list United States
• Themes list Terrorism

The present report surveys respect for the rights of those sentenced to death as set out in the international human rights treaties and the guidelines established by the Economic and Social Council in 1984. Drawing on contributions of Member States, the report surveys various motivations for establishing a moratorium on or abolishing the death penalty, as well as those for retaining the death penalty. It also includes up-to-date statistical information on the worldwide use of the death penalty, including moratoriums established in States that have not abolished this form of punishment, together with relevant developments since the sixty-second session of the General Assembly. The report concludes by confirming the global trend towards abolition of the death penalty, the important role played by moratoriums in those States that seek to abolish it and possibilities for further work on the issue.

• Document type United Nations report
• Themes list Moratorium ,
• Available languages وقف استخدام عقوبة الإعدام :تقرير الأمين العامМоратории на применение смертной казни: Доклад Генерального секретаря暂停使用死刑: 秘书长的报告Moratoria del uso de la pena de muerte : Informe del Secretario GeneralMoratoires sur l'application de la peine de mort: Rapport du Secrétaire général

This paper updates The Death Penalty in the OSCE Area: Background Paper 2009.It is intended to provide a concise update to highlight changes in the status of thedeath penalty in OSCE participating States since the previous publication and topromote constructive discussion of this issue. It covers the period from 1 July 2009to 30 June 2010. —– To find past OSCE papers please visit: http://www.osce.org/documents?keys=The+Death+Penalty+in+the+OSCE+Area+-+Background+Paper+

• Document type NGO report
• Countries list Albania
• Themes list Trend Towards Abolition,
• Available languages Смертная казнь в регионе ОБСЕ. Справочный документ за 2010 г.

Resolution adopted by the General Assembly [on the report of the Third Committee (A/65/456/Add.2 (Part II))] 65/206. Moratorium on the use of the death penalty

• Document type International law - United Nations
• Available languages قرار ٦٥/ ٢٠٦ - وقف العمل بعقوبة الإعدامResolución 65/206 - Moratoria del uso de la pena de muerteRésolution 65/206 - Moratoire sur l'application de la peine de mortРезолюция 65/206 - Мораторий на применение смертной казни大会决议65/206 - 暂停使用死刑

The present report is submitted to the General Assembly pursuant to General Assembly resolution 63/168. The report confirms the global trend towards abolition of the death penalty. It also recommends that Member States introduce a moratorium on the death penalty. Those States which still intend to implement the death penalty and are not willing to establish a moratorium should apply the death penalty only in the case of the most serious crimes. The protection of the rights of those facing the death penalty should be ensured, pursuant to the relevant international laws. Furthermore, in that regard, States have an obligation not to practise the death penalty in secrecy, nor to practice discrimination in its application.

• Document type United Nations report
• Themes list Moratorium ,
• Available languages Rapport 2013 - Moratoire sur l'application de la peine de mortوقف تطبيق عقوبة الإعدام تقرير الأمين العامМоратории на применение смертной казни : Доклад Генерального секретаря暂停使用死刑: 秘书长的报告Moratoria del uso de la pena de muerte : Informe del Secretario General

The present report contains information covering the period from June 2008 to July 2009, and draws attention to a number of phenomena, including the continuing trend towards abolition, the practice of engaging in a national debate on the death penalty, and the ongoing difficulties in gaining access to reliable information on executions.

• Document type United Nations report
• Themes list Trend Towards Abolition,
• Available languages مسألة عقوبة الإعدام : تقرير مقدم من الأمين العامВопрос о смертной казни : Доклад Генерального секретаря死刑问题 : 秘书长的报告La cuestión de la pena capital : Informe del Secretario GeneralQuestion de la peine de mort : Rapport du Secrétaire général

Facts and Figures world day against the death penalty 2013

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Faits et chiffres 2013PENA DE MUERTE HECHOS Y DATOS

The Special Rapporteur is also deeply concerned about all the circumstances surrounding the death penalty in Mongolia, especially the total secrecy. Despite repeated requests to the highest authorities of the Government, as well as prosecutors and the judiciary, the Special Rapporteur was not provided with any official information. Concern was expressed that not even the families of the condemned persons are notified of the exact date or place of execution and do not receive their mortal remains for burial, which amounts to inhuman treatment of the family, contrary to article 7 of the Covenant. Moreover, prisoners on death row at the Gants Hudag and Zuunmod detention centres are held in complete isolation, handcuffed and shackled, and denied adequate food. These conditions constitute additional punishments which can only be qualified as torture as defined in article 1 of the Convention.

• Document type NGO report
• Countries list Mongolia
• Available languages Доклад Cпециального докладчика по вопросу о пытках и других жестоких, бесчеловечных или унижающих достоинство видах обращения и наказания Манфреда Новака - МИССИЯ В МОНГОЛИЮRapport du Rapporteur spécial sur la torture et autres peines ou traitements cruels, inhumains ou dégradants, M. Manfred Nowak - MISSION EN MONGOLIE酷刑和其他残忍、不人道或有辱人格的待遇或处罚问题 特别报告员曼弗雷德·诺瓦克的报告 - 对蒙古的访问Informe del Relator Especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes, Manfred Nowak - MISIÓN A MONGOLIAمن وغيره التعذيب بمسألة المعني الخاص المقرر نواك، منفرد السيد تقرير المهينة أو اللاإنسانية أو القاسية العقوبة أو المعاملة ضروب ‎‎- منغوليا إلى البعثة

The Special Rapporteur also observes positive developments at the legislative level, including the planned reform of several laws relevant to the criminal procedure, which he hopes will bring Chinese legislation into greater conformity with international norms, particularly the fair trial standards contained in the International Covenant on Civil and Political Rights (ICCPR) which China signed in 1998 and is preparing to ratify. He also welcomes the resumption by the Supreme People’s Court (SPC) of its authority to review all death penalty cases,59 particularly given the fact that the quality of the judiciary increases as one ascends the hierarchy. The Special Rapporteur suggests that China might use the opportunity of this important event to increase transparency regarding the number of death sentences in the country, as well as to consider legislation that would allow direct petitioning to the SPC in cases where individuals do not feel that they were provided with adequate relief by lower courts in cases involving the useof torture, access to counsel, etc.

• Document type NGO report
• Countries list China
• Available languages Rapport de Manfred Nowak, Rapporteur spécial sur la torture et autres peines ou traitements cruels, inhumains ou dégradants - MISSION EN CHINE酷刑和其他残忍、不人道或有辱人格的待遇或处罚问题 特别报告员曼弗雷德·诺瓦克的报告 - 对中国的访问Informe del Relator Especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes, Manfred Nowak - MISIÓN CHINAالمعاملة ضروب من وغيره التعذيب بمسألة المعني الخاص المقرر تقرير نوفاك مانفريد السيد المهينة، أو اللاإنسانية أو القاسية العقوبة أو ‎- الصين إلى ﺑﻬا قام التي البعثةДоклад Специального докладчика по вопросу о пытках и других жестоких, бесчеловечных или унижающих достоинство видах обращения и наказания Манфреда Новака

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages حالات الإعدام خارج نطاق القضاء أو بإجراء اتموجة أو تعسفاً تقرير المقرر الخاص اسمة جهانقير, مقدم مطابقا لقرار لجنة الحقوق الانسان 2001/45Внесудебные казни, казни без надлежащего судебного разбирательства или произвольные казни: Доклад Специального докладчика г-жи Асмы Джахангир, представленный в соответствии с резолюцией 2001/45 Комиссии по правам человекаExécutions extrajudiciaires, sommaires ou arbitraires: Rapport de la Rapporteuse spéciale, Mme Asma Jahangir, présenté en application de la résolution 2001/45 de la Commission des droits de l’'homme法外处决 即审即决或任意处决: 特别报告员阿斯玛 贾汉吉尔女士 根据人权委员会第 2001/45 号决议提交的报告Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe de la Relatora Especial, Sra. Asma Jahangir, presentado en cumplimiento de la resolución 2001/45 de la Comisión de Derechos Humanos

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages حالات الإعدام خارج نطاق القضاء أو بإجراء اتموجة أو تعسفاً تقرير المقرر الخاص اسمة جهانقير, مقدم مطابقا لقرار لجنة الحقوق الانسان 2002/36Внесудебные казни, казни без надлежащего судебного разбирательства или произвольные казни: Доклад Специального докладчика Асмы Джахангир, представленный в соответствии с резолюцией 2002/36 Комиссии по правам человекаExécutions extrajudiciaires, sommaires ou arbitraires: Rapport de la Rapporteuse spéciale, Mme Asma Jahangir, soumis en application de la résolution 2002/36 de la Commission des droits de l’homme法外处决、即审即决或任意处决: 特别报告员阿斯玛·贾汉吉尔根据人权委员会第 2002/36 号决议提交的报告Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe de la Relatora Especial, Asma Jahangir, presentado en cumplimiento de la resolución 2002/36 de la Comisión de Derechos Humanos

The report also discusses the issue of capital punishment and makes reference to death penalty cases in which the Special Rapporteur has intervened in reaction to reports that the sentences concerned had been passed in violation of international restrictions and human rights standards.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages Exécutions extrajudiciaires, sommaires ou arbitraires: Rapport de la Rapporteuse spéciale, Mme Asma Jahangir法外处决、即审即决或任意处决: 特别报告员阿斯玛·贾汉吉尔Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe de la Relatora Especial, Asma Jahangirحالات الإعدام خارج نطاق القضاء أو بإجراء اتموجة أو تعسفاً تقرير المقرر الخاص اسمة جهانقيرВнесудебные, суммарные и произвольные казни: Отчет специального докладчика Асмы Джахангир (Asma Jahangir)

The present report contains information covering the period from January 2001 through December 2002, in order to ensure that there are no gaps in coverage since the last version of the sixth quinquennial report which covered information up to the end of 2000. The report indicates that the trend towards abolition of the death penalty continues, which is illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages الموضوع العقوبة الاعدام : تقرير الأمين العام مقدم بشأن قرار اللجنة للحقوق الانسان 2002/77Вопрос о смертной казни: Доклад Генерального секретаря, представляемый в соответствии с резолюцией 2002/77 КомиссииQuestion de la peine de mort: Rapport du Secrétaire général présenté en application de la résolution 2002/77死刑问题: 秘书长按照委员会第2002/77 号决议提交的报告Cuestión de la pena capital: Informe del Secretario General presentado de conformidad con la resolución 2002/77 de la Comisión

This report is submitted pursuant to Commission on Human Rightsresolution 1997/61 of 16 April 1997 entitled “Extrajudicial, summary orarbitrary executions”. It is the sixth report submitted to the Commissionon Human Rights by Bacre Waly Ndiaye and the fifteenth submitted to theCommission since the mandate on “Summary and arbitrary executions” wasestablished by Economic and Social Council resolution 1982/35 of 7 May 1982.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages حالات الإعدام خارج نطاق القضاء أو بإجراء اتموجة أو تعسفاً تقرير المقرر الخاص باكرة والي ندايةВнесудебные, суммарные и произвольные казни: Отчет специального докладчика Бакре Вали Ндиай (Bacre Waly Ndiaye)Exécutions extrajudiciaires, sommaires ou arbitraires: Rapport du Rapporteur spécial, Bacre Waly Ndiaye法外处决 即审即决或任意处决: 特别报告员巴克雷瓦利恩迪亚耶先生Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe del Relator Especial, Bacre Waly Ndiaye

This report is submitted pursuant to Commission on Human Rightsresolution 1998/68 of 21 April 1998 entitled “Extrajudicial, summary orarbitrary executions”. It is the first report submitted to the Commission byMs. Asma Jahangir and the sixteenth submitted to the Commission since themandate on “summary and arbitrary executions” was established by Economic andSocial Council resolution 1982/35 of 7 May 1982.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages حالات الإعدام خارج نطاق القضاء أو بإجراء اتموجة أو تعسفاً تقرير المقرر الخاص اسمة جهانقيرВнесудебные, суммарные и произвольные казни: Отчет специального докладчика Асмы Джахангир (Asma Jahangir)Exécutions extrajudiciaires, sommaires ou arbitraires: Rapport de Mme Asma Jahangir, Rapporteuse spéciale法外处决即审即决或任意处决: 特别报告员阿斯玛贾汉吉尔女士Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe de la Relatora Especial, Sra. Asma Jahangir

The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

• Document type United Nations report
• Themes list Trend Towards Abolition,
• Available languages عقوبة الإعدام وتنفيذ الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدام : م ذكّرة من الأمين العامСмертная казнь и применение мер, гарантирующих защиту прав тех, кому грозит смертная казнь : Доклад Генерального секретаряLa pena capital y la aplicación de las salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte : Informe del Secretario GeneralLa pena capital y la aplicación de las salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte : Informe del Secretario GeneralCapital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty: Report of the Secretary-Generalعقوبة الإعدام وتنفيذ الضمانات التي تكفل حقوق ال ذين يواجهون عقوبة الإعدام :تقرير الأمين العامСмертная казнь и осуществление мер, гарантирующих защиту прав тех, кто приговорен к смертной казни: Доклад Генерального секретаряPeine capitale et application des garanties pour la protection des droits des personnes passibles de la peine de mort: Rapport du Secrétaire généralPeine capitale et application des garanties pour la protection des droits des personnes passibles de la peine de mort: Rapport du Secrétaire général死刑和保护死刑犯权利的保障措施的执行情况: 秘书长的报告死刑和保护死刑犯权利的保障措施的执行情况: 秘书长的报告

In its resolution 1999/35, the Commission on Human Rights requested the Special Rapporteur to continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the comments made by the Human Rights Committee in its interpretation of article 6 of the International Covenant on Civil and Political Rights, as well as the Second Optional Protocol thereto.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages حالات الإعدام خارج نطاق القضاء أو بإجراء اتموجة أو تعسفاً تقرير المقرر الخاص اسمة جهانقير, مقدم مطابقا لقرار لجنة الحقوق الانسان 1999/35Внесудебные, суммарные и произвольные казни: Отчет специального докладчика Асмы Джахангир (Asma Jahangir) предоставленный в ответ на резолюцию 1999/35 Комиссии по правам человекаExécutions extrajudiciaires, sommaires ou arbitraires: Rapport de Mme Asma Jahangir, Rapporteuse spéciale, présenté conformément à la résolution 1999/35 de la Commission des droits de l'homme法外处决即审即决或任意处决: 特别报告员阿斯玛贾汉吉尔女士根据人权委员会第1999/35 号决议提交的报告Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe de la Relatora Especial, Sra. Asma Jahangir, presentado en cumplimiento de la resolución 1999/35 de la Comisión de Derechos Humanos

The present, sixth quinquennial report contains a review of the trends in the application of the death penalty, including the implementation of the safeguards, during the period l994-2000. It is a revised, updated version of the report of the Secretary-General on the subject (E/2000/3) that was submitted to the Council at its substantive session of 2000, to the Commission on Crime Prevention and Criminal Justice at its ninth session and to the Commission on Human Rights at its fifty-sixth session. Sixty-three countries participated in the survey. There was again a relatively poor response from retentionist countries, especially those making the most use of capital punishment. One major conclusion to be drawn is that, since l994, the rate at which countries have embraced abolition has remained unchanged.

• Document type United Nations report
• Themes list Trend Towards Abolition,
• Available languages عقوبة الإعدام وتنفيذ الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدام : م ذكّرة من الأمين العامСмертная казнь и применение мер, гарантирующих защиту прав тех, кому грозит смертная казнь : Доклад Генерального секретаряPeine capitale et application des garanties pour la protection des droits des personnes passibles de la peine de mort: Rapport du Secrétaire général死刑和保护死刑犯权利的保障措施的执行情况: 秘书长的报告La pena capital y la aplicación de las salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte: Informe del Secretario General

The analytical part of the report focuses in depth on a narrow range of issues, with an overall emphasis on accountability. The four principal topics addressed are: (i) genocide and crimes against humanity; (ii) violations of the right to life in armed conflict and internal strife; (iii) capital punishment; and (iv) violations of the right to life by non-State actors.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages ح ا لا ت ا لإ ع د ا م خ ا ر ج ن ط ا ق ا ل ق ض ا ء أ و ب إ ج ر ا ء ا ت م و ج زة أ و ت عس ف ا ً تقرير المقرر الخاص فيليب ألستونВнесудебные казни, казни без надлежащего судебного разбирательства или произвольные казни: Доклад Специального докладчика Филипа АлстонаExécutions extrajudiciaires, sommaires ou arbitraires: Rapport du Rapporteur spécial, M. Philip Alston法外处决、即审即决或任意处决问题特别报告员; 菲利普·奥尔斯顿Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe del Relator Especial, Philip Alston

This report is submitted pursuant to Commission resolution 2005/34, and should be read in conjunction with its various addenda. They provide the following: a detailed analysis of communications sent to Governments which describe alleged cases of extrajudicial executions; reports on country missions to Nigeria and Sri Lanka during 2005; a report on the principle of transparency in relation to the death penalty; and several reports aimed at following up on earlier country missions to the Sudan, Brazil, Honduras and Jamaica.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages تعسفاً أو موجزة بإجراءات أو القضاء نطاق خارج الإعدام حا ألستون* فيليب الخاص المقرر تExécutions extrajudiciaires, sommaires ou arbitraires: Rapport du Rapporteur spécial, Philip Alston法外处决、即审即决或任意处决问题特别报告员: 菲利普·奥尔斯顿的报告Las ejecuciones extrajudiciales, sumarias o arbitrarias: Informe del Relator Especial, Sr. Philip AlstonВнесудебные казни, казни без надлежащего судебного разбирательства или произвольные казни: Доклад Специального докладчика Филипа Алстона

The present report contains information covering the period from January 2003 through December 2003. The report indicates that the trend towards abolition of the death penalty continues, illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages الموضوع العقوبة الاعدام : تقرير الأمين العام مقدم بشأن قرار اللجنة 2003/67По вопросу смертной казни: доклад Генерального Секретаря, предоставленный в ответ на резолюцию 2003/67 Комиссии по правам человекаQuestion de la peine de mort: Rapport du Secrétaire général présenté en application de la résolution 2003/67死刑问题: 秘书长按照委员会第2003/67 号决议提交的报告Cuestión de la pena capital: Informe del Secretario General presentado de conformidad con la resolución 2003/67

The present report contains information covering developments during 2006. The report indicates that the trend towards abolition of the death penalty continues. This is illustrated, inter alia, by the increase in the number of countries that have abolished the death penalty and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages دام عقوبة مسألة: العام الأمينВопрос о смертной казни: Доклад Генерального секретаряQuestion de la peine de mort : Rapport du Secrétaire général死刑问题: 秘书长的报告La cuestión de la pena capital: Informe del Secretario General

The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, is the seventh quinquennial report of the Secretary-General on capital punishment.1 It covers the period 1999-2003 and reviews developments in the use of capital punishment worldwide, both in law and in practice. The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages عقوبة الإعدام وتنفيذ الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدام : م ذكّرة من الأمين العامСмертная казнь и применение мер, гарантирующих защиту прав тех, кому грозит смертная казнь : Доклад Генерального секретаряLa pena capital y la aplicación de las salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte : Informe del Secretario GeneralLa pena capital y la aplicación de las salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte : Informe del Secretario Generalعقوبة الإعدام وتنفيذ الضمانات التي تكفل حقوق ال ذين يواجهون عقوبة الإعدام :تقرير الأمين العامСмертная казнь и осуществление мер, гарантирующих защиту прав тех, кто приговорен к смертной казни: Доклад Генерального секретаряCapital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty : report of the Secretary-GeneralPeine capitale et application des garanties pour la protection des droits des personnes passibles de la peine de mort: Rapport du Secrétaire généralPeine capitale et application des garanties pour la protection des droits des personnes passibles de la peine de mort: Rapport du Secrétaire général死刑和保护死刑犯权利的保障措施的执行情况: 秘书长的报告死刑和保护死刑犯权利的保障措施的执行情况: 秘书长的报告

The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, and Council decision 2005/247 of 22 July 2005, is the eighth quinquennial report of the Secretary-General on capital punishment. It covers the period 2004-2008 and reviews developments in the use of capital punishment. The report confirms a very marked trend towards abolition and restriction of the use of capital punishment in most countries. The rate at which States that retained the death penalty at the start of the quinquennium have abolished its use either in law or in practice is comparable with that of previous reporting periods, and may even be accelerating slightly. Moreover, countries that retain the death penalty are, with rare exceptions, significantly reducing its use in terms of numbers of persons executed and the crimes for which it may be imposed. Nevertheless, where capital punishment remains in force, there are serious problems with regard to the respect of international norms and standards, notably in the limitation of the death penalty to the most serious crimes, the exclusion of juvenile offenders from its scope, and guarantees of a fair trial.

• Document type United Nations report
• Themes list Trend Towards Abolition,
• Available languages عقوبة الإعدام وتنفيذ الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدام : م ذكّرة من الأمين العامСмертная казнь и применение мер, гарантирующих защиту прав тех, кому грозит смертная казнь : Доклад Генерального секретаряLa pena capital y la aplicación de las salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte : Informe del Secretario GeneralPeine capitale et application des garanties pour la protection des droits des personnes passibles de la peine de mort: Rapport du Secrétaire général死刑和保护死刑犯权利的保障措施的执行情况: 秘书长的报告

The present report of the Special Rapporteur on extrajudicial, summary or arbitrary executions analyses a critical area of non-compliance with legal safeguards designed to protect the right to life. It builds upon the proposition that “[c]ountries that have maintained the death penalty are not prohibited by international law from making that choice, but they have a clear obligation to disclose the details of their application of the penalty” (E/CN.4/2005/7, para. 59). The report analyses the legal basis of that transparency obligation and examines case studies that illustrate the major problems that exist in this area.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages الإعدام عقوبة وفرض الش, ألستون∗ فيليب السيد الخاص، المقررТРАНСПАРЕНТНОСТЬ И ВЫНЕСЕНИЕ СМЕРТНОГО ПРИГОВОРА, Доклад Специального докладчика Филипа АлстонаTRANSPARENCE ET IMPOSITION DE LA PEINE DE MORT, Rapport du Rapporteur spécial, M. Philip Alston死刑的公开和执行问题, 特别报告员菲利普·奥尔斯顿的报告LA TRANSPARENCIA Y LA IMPOSICIÓN DE LA PENA DE MUERTE, Informe del Relator Especial, Philip Alston

The present report contains information covering the period from January 2004 to December 2005. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this punishment.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages مسألة عقوبة الإعدام; تقرير الأمين العامВопрос о смертной казни: Доклад Генерального секретаряQuestion de la peine de mort : Rapport du Secrétaire général死刑问题: 秘书长的报告La cuestión de la pena capital: Informe del Secretario General

A Comparative Analysis of Capital Punishment provides a concise and detailed history of the death penalty. Incorporating and synthesizing public opinion data and empirical studies, Simon and Blaskovich’s work compares, across societies, the types of offenses punishable by death, the level of public support for the death penalty, the forms the penalty takes, and the categories of persons exempt from punishment.

• Document type Book
• Themes list Public opinion,

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 type Lobbying
• Themes list Networks,
• Available languages Liste des Etats signataires du deuxième Protocole facultatif par région

Bylaws of the World Coalition Against the Death Penalty As Amended by the 18 June 2021 General Assembly

• Document type World Coalition
• Available languages Statuts 2021

• Document type World Coalition
• Themes list Trend Towards Abolition
• Available languages Statuts de la Coalition mondiale contre la peine de mort 2023

• Document type Campaigning / World Coalition
• Available languages L'INSÉCURITÉ RÉVÉLÉE : Voix contre la peine de mort

Created on the occasion of the 19th World Day Against the Death Penalty (10/10/21), this tool’s aim is to provide practical advice and concrete suggestions to civil society organizations who wish/ are already collaborating with parliamentarians to end the death penalty and bring attention to women sentenced to death.

• Document type Working with...
• Themes list Women
• Available languages Traiter la dimension de genre de la peine de mort : Collaboration entre les parlementaires et la société civile

The Commission on Human Rights of the Philippines issues this advisory to bring the Philippines’ attention to the heightened vulnerabilities of women Overseas Filipino Workers (OFWs).

• Document type Government body report
• Countries list Philippines
• Themes list Drug Offenses / Legal Representation / Women
• Available languages Avis sur la vulnérabilité accrue des travailleuses migrantes dans le couloir de la mort

Published on January 30, 2024.

The Third Eye invited Maitreyi Misra of Project 39A to help us think through our central idea: why do we need a feminist way of looking at crime, and how does that help the larger goal of social justice?

Project 39A is inspired by Article 39-A of the Indian Constitution, a provision that furthers the intertwined values of equal justice and equal opportunity by removing economic and social barriers. Using empirical research to re-examine practices and policies in the criminal justice system, Project 39A aims to trigger new conversations on legal aid, torture, forensics, mental health in prisons, and the death penalty.

• Document type Article
• Themes list Gender / Women

• Document type World Coalition
• Themes list Gender
• Available languages Faits et chiffres Les femmes et la peine de mort - 21e journée mondiale contre la peine de mort

The implementation of capital punishment has seen substantial shifts over the course of the past decade. During the period from the end of a moratorium on executions in December 2014 to August 2019, an estimated 1,800 death sentences were imposed across the entire court system and 520 people were executed. Various amendments to Pakistan’s criminal law over the past several decades have resulted in a list of 33 offenses, most of which are far removed from the definition of the “most serious crimes” under international law. A full list of offences is attached at the end of the report.

• Document type NGO report
• Countries list Pakistan

A new study by an interdisciplinary team of Arizona State University psychology researchers has found a link between the actual and perceived scarcity of resources and support for capital punishment. The study discovered that countries with greater resource scarcity were more likely to have a death penalty, as were U.S. states with lower per capita income.

• Document type Academic report
• Themes list Death Penalty, Financial cost,

This article argues that because prosecutors have discretion to seek the death penalty in too many cases, they lack the incentive to police themselvesand choose carefully. Put simply, because there are few legal constraints — and virtually no political constraints — on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no worse than the thousands of other murder cases in which prosecutors pursue only life imprisonment. Second, because prosecutors file too many capital cases, the criminal justice system lacks the resources to focus sufficient attention on each one.

• Document type Article
• Countries list United States
• Themes list Arbitrariness, Most Serious Crimes,

Online advocacy efforts by human rights organizations face increasingly dangerous threats. In this short guide, we elaborate a few helpful hints and
advice, as well as list a compilation of resources that organizations can refer to handle online harassment.

• Document type Campaigning
• Themes list Public Opinion 
• Available languages Astuces et conseils utiles face au harcèlement en ligne

This paper focuses on the problems relating to mental illness or other mental disabilities that arise after sentencing, where the underlying values at stake are the dignity of the condemned prisoner and the integrity of the law.

• Document type Article
• Countries list United States
• Themes list Mental Illness, Intellectual Disability,

This article provides an in-depth analysis of death row phenomenon.

• Document type Article
• Themes list Death Row Phenomenon,

The authors analyze data concerning race discrimination in capital sentencing and data regarding how the public perceives this issue. They conclude that race discrimination is not an inevitable feature of all death penalty systems. Before Furman v. Georgia was decided in 1972, widespread discrimination against black defendants marred the practice of capital punishment in America. According to studies cited by the authors, race-of-defendant discrimination has lessened since Furman. However, race-of-victim discrimination remains a significant factor in sentencing; defendants with white victims are at a significantly higher risk of being sentenced to death and executed than are defendants whose victims are black, Asian, or Hispanic. From 1976 to 2002, the proportion of white-victim cases among all murder and non-negligent manslaughter cases has ranged between 51% and 56%. However, 81% of executed defendants had white victims. Polling data indicate that the general public perceives only one form of race discrimination in the use of the death penalty – race-of-defendant discrimination – and that the public and elected officials may see racial discrimination as inevitable in the criminal justice system. Race of victim discrimination is a pervasive problem in the death penalty system. However, race discrimination is not inevitable. If serious controls were enacted to address this problem (such as those imposed in a few states) a fairer system could result.

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

This article analyses racial discrimination in the administration of the death penalty – despite their importance to the critical debate over the fairness of capital punishment – are not able to address the effects of many of the most pernicious forms of racism in American society. In particular, they cannot examine “biographical racism” – the accumulation of race-based obstacles, indignities, and criminogenic influences that characterizes the life histories of so many African-American capital defendants. Second, I propose that recognizing the role of this especially pernicious form of racism in the lives of capital defendants has significant implications for the way we estimate fairness (as opposed to parity) in our analyses of death sentencing. Chronic exposure to race-based, life-altering experiences in the form of biographical racism represents a profoundly important kind of “structural mitigation.” Because of the way our capital sentencing laws are fashioned, and the requirement that jurors must engage in a “moral inquiry into the culpability” of anyone whom they might sentence to die, this kind of mitigation provides a built-in argument against imposing the death penalty on African-American capital defendants. It is structured into their social histories by the nature of the society into which they have been born.

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

Until the landmark decision of the Eastern Caribbean Court of Appeal in Hufhes and Spense v The Queen, the convetional wisdom was that the mandatory imposition of the death penalty could not be challenged in Commonwealth Caribbean countries as unconstitutional and that, in any event, the savings clauses contained in the constitutions would prevent any such challenge. As a consequence, the constitutional courts in the Commonwealth Caribbean are now being asked to consider a number of specific issues in relation to the mandatory death penalty: first, whether it is constitutional; and second, whether any chanllenges to the mandatory death penalty are barred by the savings clauses found to a varying degree, within each Caribbean constitution of and implications for global and regional developments are highly significant.

• Document type Article
• Themes list Mandatory Death Penalty,

• Document type World Coalition

As the number of post-conviction DNA exonerations mounted and the Innocence Project undertook to treat these exonerations as a data set indicating the principal causes of wrongful conviction, the absence of fingerprint cases in that data set could have been interpreted as soft evidence that latent print evidence was unlikely to contribute to wrongful convictions. That situation changed in 2004 when Stephan Cowans became the first – and thus far the only – person to be exonerated by DNA evidence for a wrongful conviction in which fingerprint evidence was a contributing factor. Cowans’s wrongful conviction in Boston in 1997 for the attempted murder of a police officer was based almost solely on eyewitness identification and latent print evidence. The Cowans case not only provided dramatic additional support for the already established proposition that wrongful conviction by fingerprint was possible, it also demonstrated why the exposure of such cases, when they do occur, is exceedingly unlikely. These points have already been made in a comprehensive 2005 study of exposed cases of latent print misattributions. In this article, I discuss some additional things that we have learned about the prevalence and potential causes of wrongful conviction by fingerprint in the short time since the publication of that study.

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

This article discusses the role of executive clemency in light of the current political environment. Attending to the political aspects of the capital litigation process gives insight into the trends in the use of executive clemency

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

The Dui Hua Foundation estimates that China executed approximately 2,400 people in 2013 and will execute roughly the same number of people in 2014. Annual declines in executions recorded in recent years are likely to be offset in 2014 by the use of capital punishment in anti-terrorism campaigns in Xinjiang and the anti-corruption campaign nationwide.

• Document type Article
• Countries list China
• Themes list Statistics,

This article examines the debate about whether or not an innocent person has been executed in the United States. The article begins by discussing several famous historical claims of wrongful execution, including Sacco & Vanzetti, the Rosenbergs, and Bruno Hauptmann. Then, the article addresses some recent claims of wrongful executions, including the case of Larry Griffin and the impact of a 2006 DNA test in the Roger Coleman case. The article evaluates why some innocence claims attract more attention than others. By recognizing two obstacles in wrongful execution claims and by establishing five lessons for gaining media attention, the article uses its historical analysis to extract strategy lessons for death penalty abolitionists. Finally, the article weighs arguments regarding the pros and cons of an abolitionist strategy that focuses on proving the innocence of executed individuals. The article concludes that wrongful execution claims provide an important argument for abolitionists, but such claims should not be presented as the main or only problem with the death penalty.

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

This article considers community views on the risk of mistaken executions and how sentencing juries respond to such risks. It explores the present state of the law surrounding risk-taking regarding lingering or residual doubt, and finds the law in a state of denial. Though the risk may be there, and jurors may see it, this is not something they are directed, or even invited, to consider. Some jurors may deny effect to the risk they see, believing it is not a proper subject of their attention. Others will consider it, yet wonder whether they should. This inconsistent treatment, and dissonance from what the public wants and justifiably expects from its legal system, is largely a product of the United States Supreme Court’s 1988 decision in Franklin v. Lynaugh. Arguably misread, and at least misguided, the Court’s decision on considering lingering or residual doubts about guilt as a mitigating factor at the penalty phase has retarded development of meaningful ways to avert mistaken executions.

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

In this Article, my goal is to raise doubts about the adequacy of the neo-retributive theory of clemency and stimulate reappraisal and development of what I will call the “redemptive” perspective. To this end I will present an exposition and critique of neo-retributive theory of clemency.

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

This page contains videos and documents on issues dealing with the death penalty.

• Document type Arguments against the death penalty

Together with AfVT, the World Coalition has developed this two-page note explaining why some victims of terrorism are against the death penalty.

• Document type Multimedia content
• Themes list Murder Victims' Families, Terrorism,
• Available languages Témoignages de victimes du terrorisme

NKDB hosts a monthly English language briefing and discussion on North Korean human rights every month with embassy officials, NGO staff, and NKDB staff as guests

• Document type Article
• Countries list Republic of Korea
• Themes list World Coalition Against the Death Penalty, Death Penalty, Country/Regional profiles,

2020 World Day 8-page leaflet

• Document type Academic report
• Themes list Fair Trial, World Coalition Against the Death Penalty, Death Penalty,
• Available languages Brochure - Journée mondiale 2020

My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.

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

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims’ families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991). The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death-eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim’s family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.

• Document type Article
• Countries list United States
• Themes list Murder Victims' Families,

Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature’s desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to “beyond all doubt” to convict indigent defendants. The legislature would then have the opportunity to opt out of this higher standard of proof by providing enough funding to bring defense lawyers’ caseloads within well-recognized standards or by providing funding parity with prosecutors’ offices. Such an approach will create an incentive for legislatures to adequately fund indigent defense without miring courts in detailed supervision of legislative budget decisions. At the same time, because courts can check once per year to determine whether there is funding parity with prosecutors’ offices or compliance with caseload guidelines, there will be constant pressure on legislatures to maintain adequate funding in order to avoid the higher standard of proof.

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

This research will consider the principal claims and counterclaims made by death penalty supporters and opponents, as well as document the manner in which these claims were advanced or refuted. The nineteen-year debate provides a natural laboratory that can assist our understanding of why the United States is the only Western industrialized democracy to retain capital punishment.

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

Much has been written about why electrocution has persisted so stubbornly over the course of the twentieth century. This Article focuses briefly on more recent developments concerning why electrocution should be abolished entirely. Part I of this Article describes the facts and circumstances surrounding Bryan as well as Bryan’s unusual world-wide notice due to the gruesome photos of the executed Allen Lee Davis posted on the Internet. Part II focuses on the sociological and legal history of electrocution, most particularly the inappropriate precedential impact of In re Kemmler. In Kemmler, the Court found the Eighth Amendment inapplicable to the states and deferred to the New York legislature’s determination that electrocution was not cruel and unusual. Regardless, Kemmler has been cited repeatedly as Eighth Amendment support for electrocution despite Kemmler’s lack of modern scientific and legal validity.

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

In 1995, the U.S. Supreme Court dismissed Rees v. Peyton, Rees was a death penalty case in which the petitioner sought to withdraw his petition for writ of certiorari so that he could be executed. The Court stayed the proceedings after Rees was found incompetent to waive his appeal, but the Court did not dismiss the case until after Rees died of natural causes. Rees pended in the Court during the terms of three Chief Justices. Even though the Court underwent major changes in personnel and philosophy during those years, the Court’s treatment of Rees was essentially the same–to hold the case in abeyance. This article chronicles the extraordinary history of Rees in the U.S. Supreme Court for those thirty years.

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

When a woman is raped and then murdered, it is among the most horrifying of crimes. It is also, often, among the most sensational, notorious, and galvanizing of cases. In 1964, Kitty Genovese was raped and murdered in Queens, New York. Her murder sparked soul-searching across the country because her neighbors heard her cries for help and did not respond: it made us question whether we had become an uncaring people. During the 1970s and 80s a number of serial killers raped and murdered their victims: including Ted Bundy in Florida and William George Bonin, the “Freeway Killer,” in Southern California. In the 1990s, the sexual assault-murder of seven- year-old Megan Kanka in New Jersey contributed to a firestorm of states passing sex offender notification statutes. Rolando Cruz was released from Illinois death row in 1995, after serving eleven years for a crime he did not commit: the rape and murder of ten-year-old Jeanine Nicarico. The crime itself sent shock waves through the Chicago metropolitan area and pressure to quickly solve it contributed to Cruz’s arrest and conviction. In each instance the rape- murder terrified us and made us want to impose the severest of punishments. This explores the crime and punishment of those convicted of committed rape .murder

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

The Article proceeds in three parts. Part I explains the pivotal role that “actual” innocence has played in the Innocence Movement. It shows that even though the Innocence Movement has begun to broaden its DNA-based focus to include non-DNA-based claims, its goal has remained constant: achieving justice for “actually” innocent people. Part I then shows how the Innocence Movement has prioritized the cases of “actually” innocent people who were convicted through trial over “actually” innocent people who pleaded guilty. The prioritization of wrongful convictions derived from trials over wrongful convictions from pleas underscores how the Innocence Movement has overlooked the claims of people who have pleaded guilty and are not “actually” innocent, but who may still have strong wrongful conviction claims based on fundamental constitutional violations. Part II examines innocence unmodified in the context of trials and postconviction appeals. It asserts that one reason to protect innocence unmodified is because under the Court‟s existing jurisprudence, “actual” innocence alone is not enough to reverse a wrongful conviction. This is because the Supreme Court has not yet decided whether the Constitution forbids the execution of an “actually” innocent person who was convicted through a “full and fair” trial. Because the Court has not recognized a freestanding “actual” innocence claim, the “actual” innocence of a wrongly convicted person only matters as a door through which to allow a court to reach underlying constitutional claims. Part II uses the example of a recent Supreme Court decision, In Re Troy Davis, to highlight how an isolated prioritization of “actual” innocence does not achieve justice for wrongly convicted people. Part III examines innocence unmodified in the context of pleas. It reveals the degree to which the Court has itself polarized innocence in the context of pleas—prioritizing “actual” innocence over fundamental constitutional protections for all people.

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

While research abounds on attitudes toward capital punishment in the United States, such work has been lacking in non-western nations — particularly in India, the world’s largest democracy. Data recently collected have revealed variance in levels of support for the death penalty among Indian college students: 44 percent express some degree of opposition, 13 percent are uncertain, and 43 percent express some degree of support. Reasons for support or opposition also exhibited variance. According to a multivariate analysis, statistically significant reasons for support included retribution, instrumentalist goals, and incapacitation; while significant reasons for opposition included morality and the belief that deterrence could be achieved by imposing sentences of life without parole.

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

The purpose of this article is (1) to establish that increasing punitiveness characterizes criminal justice policies in Japan and (2) to explain this trend in terms of the penal populism promoted by crime victims and supporting politicians. This article first examines newspaper articles to illuminate the increasingly punitive character of recent criminal justice policies in Japan in terms of both legislation and judicial decisions. The next section discusses the main contributing factors behind this trend and its public acceptance. The next two sections discuss two related issues: the public’s subjective sense of security, and the lack of a role for empirical criminologists in criminal justice policy making in Japan. The concluding section compares the Japanese and Anglo-American situations and argues that the same penal populism seen in Anglo-American countries is rapidly rising in Japan, and that public distrust of government has ironically increased the state’s investigative, prosecutorial, and sentencing powers in Japan. This article closes with the conjecture that police, prosecutors, and judges are unlikely to relinquish their increased power in the event that they gain the public’s trust and equally unlikely in the event of a change of the ruling party.

• Document type Article
• Countries list Japan
• Themes list Networks,

The most recent executions in South Korea took place in December 1997, when 23 people were executed at short notice on the same day. Similarly, nineteen executions occurred in 1995 and 15 in 1994, in each instance occurring all on the same day. These group executions seem to reflect cultural factors that monthly statistics alone do not capture. No executions have occurred since 1998, but this de facto suspension has not been reinforced by law. Since 1999, lawmakers have thrice endorsed a bill favoring life imprisonment without parole in place of the death penalty, but each time the proposal has stalled and failed to move forward. The need remains to develop a culturally appropriate pro-abolition argument that could persuade the Korean public that the death penalty is unworkable and wrong. On 21 January 2007, in the Inhyeokdang case, the Korean Court acquitted 8 persons who had been executed 32 years earlier. The hope is that, in light of strong arguments based on the risk to innocent persons and the irreversibility of capital punishment, Korea will effectively transition from de facto to formal abolition.

• Document type Article
• Countries list Republic of Korea
• Themes list Trend Towards Abolition,

On December 10, 1998, the fiftieth anniversary of the Universal Declaration of Human Rights, former President William J. Clinton signed Executive Order No. 13107 stating, “It shall be the policy and practice of the Government of the United States, being committed to the protection and promotion of human rights and fundamental freedoms, fully to respect and implement its obligations.

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

American officials have indicated that extra efforts will be used to ensure that captured terrorist suspects face the death penalty. Secretary of Defense Donald Rumsfeld has stated that the U.S. military will “try to prevent enemy leaders from falling into the hands of peacekeeping troops from allied nations that might oppose capital punishment.” Americans should be troubled to learn that the United States is out of step with an emerging worldwide consensus that the death penalty, even for the most heinous terrorist, “has no legitimate place in the penal systems of modern civilised societies.” As of July 2004, 117 nations were abolitionist in law or in practice, while only 80 retained the death penalty. The entire Council of Europe–45 nations ranging from Iceland to Russia–now constitutes a death penalty free zone.

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

For the third time in a span of five years, a country has brought suit against the United States in the International Court of Justice (ICJ) for violations of the Vienna Convention on Consular Relations (VCCR) in capital cases. 1 And, for the third time, the ICJ has issued an order of provisional measures. The most recent order indicates that: “the United States shall take all measures necessary to ensure that [three named Mexican defendants] are not executed pending final judgment in these proceedings.” (Avena case)

• Document type Article
• Countries list Mexico
• Themes list Foreign Nationals,

Twenty-three years of murder and death sentence data show how murder demographics help explain death row populations. Nevada and Oklahoma are the most death-prone states; Texas’s death sentence rate is below the national mean. Accounting for the race of murderers establishes that black representation on death row is lower than black representation in the population of murder offenders. This disproportion results from reluctance to seek or impose death in black defendant-black victim cases, which more than offsets eagerness to seek and impose death in black defendant-white victim cases. Death sentence rates in black defendant-white victim cases far exceed those in either black defendant-black victim cases or white defendant-white victim cases. The disproportion survives because there are many more black defendant-black victim murders, which are underrepresented on death row, than there are black defendant-white victim murders, which are overrepresented on death row.

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

The order struck during the regulatory years following Furman v. Georgia and Gregg v. Georgia has been inverted. Executions once were rarities of newsworthy moment; now, they are nearly twice-a-week occurrences that often pass with nary a notice. Skeptical scrutiny of death penalty cases once was the professed and practiced mission of the federal judiciary; now, words like weariness, ennui, and resentment seem better choices to capture the spirit of the federal courts when confronted with complaints from death row. As we will see, the various lines of objection join to form a sophisticated and comprehensive critique.

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

In the first part of this paper we address the problems inherent in studying wrongful convictions: our pervasive ignorance and the extreme difficulty of obtaining the data that we need to answer even basic questions. The main reason that we know so little about false convictions is that, by definition, they are hidden from view. As a result, it is nearly impossible to gather reliable data on the characteristics or even the frequency of false convictions. In addition, we have very limited data on criminal investigations and prosecutions in general, so even if we could somehow obtain data on cases of wrongful conviction, we would have inadequate data on true convictions to compare them to. In the second part we dispel some of that ignorance by considering data on false convictions in a small but important subset of criminal cases about which we have unusually detailed information: death sentences. From 1973 on we know basic facts about all defendants who were sentenced to death in the United States, and we know which of them were exonerated. From these data we estimate that the frequency of wrongful death sentences in the United States is at least 2.3%. In addition, we compare post-1973 capital exonerations in the United States to a random sample of cases of defendants who were sentenced in the same time period and ultimately executed. Based on these comparisons we present a handful of findings on features of the investigations of capital cases, and on background facts about capital defendants, that are modest predictors of false convictions.

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

In this paper we use reported exonerations as a window on false convictions generally. We can’t come close to estimating the number of false convictions that occur in the United States, but the accumulating mass of exonerations gives us a glimpse of what we’re missing. We located 340 individual exonerations from 1989 through 2003, not counting at least 135 innocent defendants in at least two mass exonerations, and not counting more than 70 defendants convicted in a series of childcare sex abuse prosecutions, most of whom were probably innocent. Almost all the individual exonerations that we know about are clustered in the two most serious common felonies: rape and murder. They are surrounded by widening circles of categories of cases that include false convictions that are rarely detected, if ever: rape convictions that have not been reexamined with DNA evidence; robberies, for which DNA identification is useless; murder cases that are ignored because the defendants were not sentenced to death; assault and drug convictions that are forgotten entirely; misdemeanor convictions that aren’t even part of the picture. Judging from our data, any plausible guess at the total number of miscarriages of justice in America in the last fifteen years must run to the thousands, perhaps tens of thousands, in felony cases alone. We can, however, see some clear patterns in those false convictions that have come to light.

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

Cruel and unusual punishment, as prohibited by the Eighth Amendment of the United States Constitution, encompasses punishment that amounts to torture and barbarity, cruel and degrading punishment not known to the common law, and punishment so disproportionate to the offense as to shock the moral sense of the community. Thus, contained in the Eighth Amendment is a fundamental respect for humanity. For the imposition of a death sentence, the trier is constitutionally mandated to take into account the character and record of the individual offender and the circumstances of the particular offense. What constitutes cruel and unusual punishment?

• Document type Article
• Countries list United States
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Electrocution,

Capital punishment has once again become the focus of intense national debate in the United States. There is increasingly widespread public concern over the propriety of state-sanctioned executions and the legal processes by which they are accomplished. Even in political arenas, where little more than a decade ago commentators could quip that “the electric chair has replaced the American flag as your all-purpose campaign symbol,” many elected officials are voicing second thoughts about capital punishment. The American Bar Association (ABA), among other prestigious groups, has called for a moratorium on executions until, at least, the procedural flaws in the legal process through which death sentencing takes place — what the ABA analysts characterized as a “haphazard maze of unfair practices” — have been identified and remedied. Recent assessments of the scope and seriousness of the problems that plague this process suggest that the task of reforming the system of capital punishment will prove to be a daunting one. For example, James Liebman and his colleagues have presented a sobering picture of what they termed a “broken system” in which the outcomes of capital trials — if judged by their fates in the appellate courts — are legally wrong more often than they are right. And at least one judge declared the federal death penalty unconstitutional because it failed to provide sufficient procedural protections to capital defendants.

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

For the first time in a long time, the Supreme Court’s most important death penalty decisions all have gone the defendant’s way. Is the Court’s new found willingness to protect capital defendants here to stay? Or is it a passing fancy that will dissipate in less hospitable times? At first glance, history allows for optimism. Furman v. Georgia, the 1972 landmark that invalidated the death penalty, provides a seemingly perfect example of the Court’s ability and inclination to protect capital defendants when no one else will. Furman looks countermajoritarian, scholars have claimed it was countermajoritarian, and even the Justices saw themselves as playing a heroic, countermajoritarian role in the case. But the lessons of Furman are not what they seem. Rather than proving the Supreme Court’s ability to withstand majoritarian influences, Furman teaches the opposite – that even in its more countermajoritarian moments, the Court never strays far from dominant public opinion, tending instead to reflect the social and political movements of its time. This Article examines the historical context of Furman v. Georgia and its 1976 counterpart, Gregg v. Georgia, to highlight a fundamental flaw in the Supreme Court’s role as protector of minority rights: its inherently limited inclination and ability to render countermajoritarian change. In theory, the Court might protect unpopular minorities, but in practice it is unlikely to do so unless a substantial (and growing) segment of society supports that protection. Even then, Furman reminds us that the Court’s “help” may do more harm than good. If the past truly is a prologue, Furman portends that the Court’s current interest in restricting the death penalty will not last forever. Like the fair-weather friend, the Court’s protection will likely be there in good times but gone when needed the most.

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

The story focuses on Tessie Hutchinson, who was selected by the communal lottery for execution; her only sin was to live in a village that had the tradition of stoning one of its inhabitants each year. This paper suggests some ways that the life of America’s death penalty mirrors the art of “The Lottery.” The author comments on the “masking of evil,” the execution of the innocent, the arbitrariness in selecting those who die, the search for justification, and the brutality of the death penalty. In “The Lottery,” the tradition of the stoning was so embedded in tradition and its administration was so formal and precise that the ultimate outcome of the tradition, the killing of a fellow human being, was sanitized and unexamined. In America, the net effect of the bureaucratization of executions is to give those who implement them and those who receive reports of them a sense of sterility and mundaneness that should never accompany the state’s killing of its own. Although proponents of capital punishment in America argue that the chances that an innocent person will be executed are slim, history shows that it has occurred. It was no comfort to Tessie Hutchinson that she was to be the only member of her village to be stoned that year. So it is no comfort to the innocent who are executed that each is only one of a small number of innocent people who have been killed by the state. The arbitrariness of the lottery in selecting who will be executed may not be so obvious in the selection of those who will be killed by the state in America. Still, random and arbitrary circumstances impact who is selected to be executed, circumstances such as the race and wealth of the defendant, the race of the victim, the quality of the defense counsel, the particular trial judge, and the State in which the crime occurs. Although there is no unequivocal evidence that the death penalty achieves some monumentally positive benefit for American society, support for it by the community persists, along with its brutality and cruelty. It is difficult to avoid the conclusion that a “thinly veiled cruelty keeps the custom alive.”

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

The study results indicate that when test subjects, many of whom are likely retributivists, are presented with information about the problem of innocence, the drop in support for capital punishment spans all points on the Likert scale. Our study suggests that more rigorous testing may demonstrate that an individual’s knowledge of the “innocence problem” can generate more profond changes in attitudes toward the death penalty than indicted by previous studies of the marshall Hypotheses.

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

The landscape of the American death penalty is diverse. Though death penalty attitudes show a remarkable and increasing degree of homogeneity by region, race, gender, religion, and other factors, the actual practice of the death penalty varies substantially from region to region, and even from state to state. While these variations are widely recognized, they are not widely studied or understood. The lack of attention paid to the actual practice of the death penalty in different states and regions, the patterns that contribute to its use, and the factors associated with these patterns represents a substantial and troubling gap in our knowledge of an issue as widely studied as the death penalty.

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

On May 16, 2001, the federal government carried out its first execution for a criminal offense in over 38 years (Timothy McVeigh). This article (part of a symposium issue) examines recent developments in the administration of the federal death penalty, in the legislative, judicial, and executive (Department of Justice) arenas. While not an abolitionist, the author expresses misgivings about federal capital punishment as it is currently administered, updating statistics regarding racial and geographic disparity from his 1999 article “The Federal Death Penalty: History and Some Thoughts About the Department of Justice’s Role,”. The article also explains “What the Supreme Court Got Wrong in Jones,” (1999). Finally, the international implications of the first execution by the federal government in two generations are explored. No longer can the United States shift its internationally isolated position regarding capital punishment onto its constituent states under a theory of independent federalism. Note: This is a description of the paper and not the actual abstract.

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

In this article, the authors examine how the debate over women’s executions during the nineteenth and early twentieth century funneled and in various ways processed the contrary demands of gender and capital justice. They show how encounters with capital punishment both reflected and reinforced dominant interpretations of womanhood and as such contributed to the intricate web of normative strictures that affected all women at the time. At the same time, however, the often heated debates that accompanied such cases pried open some of the contradictions inherent in the dominant interpretations and, as a result, came to challenge the boundaries that separated not only women from men but also women from each other. Rather than viewing gender as a unidirectional influence on capital punishment, the authors argue that gender is best approached as an evolving social category that gets reconstructed, modified, and transformed whenever it is implicated in social practices and public debates.

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

This article provides a brief history of the study of miscarriages of justice in America. It analyzes the field of wrongful conviction scholarship as three distinct genres: the big-picture studies, the specialized-causes literature, and the true-crime genre. It also analyzes what these literatures have contributed to knowledge about miscarriages as well as their limitations. This article attempts to rethink the study of miscarriages of justice to systematically develop a more sophisticated, insightful, and generalizable criminology of wrongful conviction.

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

The Miranda conundrum runs something like this: If the Miranda decision represents true constitutional interpretation, and all unwarned statements taken during custodial interrogation are compelled” within the meaning of the self-incrimination clause, the impeachment and “”fruits”” exceptions to Miranda should fall. If it is not true constitutional interpretation, than the Court has no business reversing state criminal convictions for its violation. I offer here what I hope is a satisfying answer to this conundrum, on both descriptive and normative levels, that justifies not only Miranda but a host of similar Warren, Burger, and Rehnquist Court decisions as well. In Part I, I introduce and define the terms “”constitutional prophylactic rule,”” “”constitutional safe harbor rule,”” and “”constitutional incidental right,”” and attempt to legitimate their use. I further demonstrate that constitutional criminal procedure is so flush with such prophylactic and safe harbor rules and incidental rights that trying to eliminate them now, by either reversing a large number of criminal procedure cases or “”constitutionalizing”” all of those holdings, would do more harm than good. I propose that we accept the fact that these rules and rights are a fixed part of our constitutional landscape, and focus instead on minimizing their risks and maximizing their benefits”

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

The ritual slaughter of humans for sacrificial purposes has an ancient provenance. Few members of modern society would be inclined to believe that killing humans for sacrificial purposes continues. Of those, most probably envision it only being practiced by individuals who belong to “uncivilized,” or non-“First-World” cultures. Upon closer scrutiny, however, it becomes apparent that this is a misconception because the past and present practice of capital punishment includes a thinly disguised manifestation of the ritualized killing of people, otherwise known as human sacrifice. The purpose of this article is to identify, describe, and analyze the historic and contemporary connection between the practices of capital punishment and human sacrifice. After describing how human sacrifice constitutes an integral component of capital punishment, it will be argued that the institutionalization of this antiquated barbaric ritual, vis-a-vis the use of capital punishment, renders the present use of the death penalty in the United States incompatible with “the evolving standards of decency that mark the progress of a maturing society”; and that consequently, this facet of capital punishment renders the penalty at odds with the Eighth Amendment’s prohibition against the infliction of “cruel and unusual” punishments.

• Document type Article
• Countries list United States
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment,

This Article addresses the issue of whether a criminal defendant may waive the Eighth Amendment prohibition on cruel and unusual punishments by selecting an unconstitutional punishment over a constitutional punishment. The Article begins with a discussion of the Supreme Court’s Eighth Amendment jurisprudence, followed by a discussion of areas where the Court has allowed defendants to waive Eighth Amendment protections in various contexts. Then, the Article discusses court decisions that have addressed whether one may waive Eighth Amendment protections by choosing a cruel and unusual punishment. Generally, this issue has arisen in three contexts: (1) where defendants are given the punishment option of banishment; (2) where sex offenders are given the punishment option of castration; and (3) where capital defendants are given an execution method option that violates the constitution. The Article explains that at least in the context of punishment type, a defendant’s choice should not waive Eighth Amendment protections. First, the ban on cruel and unusual punishments is a right that differs significantly from other constitutional criminal rights because it serves a broad societal purpose. Second, the waiver of this right differs from the waiver of other criminal rights because such waivers do not benefit the individual or society. Finally, to allow such waivers would strip the Eighth Amendment of meaning by permitting legislatures to create any punishment options it desired. Therefore, the Article concludes that the Eighth Amendment ban on cruel and unusual punishments cannot be waived by an individual.

• Document type Article
• Countries list United States
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment,

Professor Kirchmeier examines the recent decline in support for the death penalty in the United States and the resulting emergence of a movement to impose a moratorium on executions. After discussing the history of the death penalty abolition movement in the United States, he identifies five major and seven minor events that have contributed to the growth of the Death Penalty Moratorium Movement. Then, he compares the current Moratorium Movement to other similar reform periods: the 1960s Death Penalty Abolitionist Movement; legislative abolition of the death penalty in several states during the mid-1800s and early 1900s; death penalty abolition in other countries; and the Anti-Lynching Movement of the early 1900s. Based on the history of these other movements, Professor Kirchmeier discovers various lessons for today’s Moratorium Movement, including lessons about strategy and the roles of public opinion and leadership. Finally, using these lessons from history and looking at recent events, he considers the future of the Moratorium Movement. Professor Kirchmeier concludes that for the Movement to continue to be successful: (1) there must be no major national distracting forces; (2) the Movement must continue to broaden its arguments and not be overly dependent upon one issue, one person, or one strategy; (3) the Movement must continue seek support from unexpected voices; and (4) the Movement must stay focused on the goals of achieving popular support and creating new leaders. Finally, Professor Kirchmeier predicts that the Moratorium Movement is strong enough to continue to have lasting effects.

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

This article reviews the extent to which the movement to abolish capital punishment has been successful and discusses some of the influences which have produced a remarkable increase in the number of abolitionist countries in the past two decades. It asks whether this trend has now come to an end as many countries which retain the death penalty continue to defy, for a variety of reasons, international pressure to change their laws and practices. Finally, it discusses some actions that might prove effective in overcoming these obstacles.

• Document type Article
• Themes list Trend Towards Abolition, Death Penalty,

The purpose of this paper is to offer a critique and commentary on the European agenda on the abolition of the death penalty, and in so doing the author has relied heavily on the contributions made by a number of commentators to the recent Council of Europe publication, “The Death Penalty: Abolition in Europe”.

• Document type Article
• Themes list International law, Trend Towards Abolition,

Prior research on the role of race in wrongful capital convictions has focused primarily on the race of the defendant. In contrast, this article begins with two case studies that illustrate the impact of the race of the defendant and also the race of the victim in contributing to erroneous convictions. The second section of this article identifies the race of the defendant and the victim in 82 cases where prisoners were released from death row because of doubts about their guilt and in a matched group of inmates who were executed. Through the use of three logistic regression models, the combination of the race of the defendant and the race of the victim is identified as a significant predictor of case outcome (exoneration vs. execution). The results also indicate that an indirect relationship may exist between the combination of the race of the defendant and the victim, the strength of the evidence, and case outcome.

• Document type Article
• Countries list United States
• Themes list Innocence, Discrimination,

This study is a quantitative analysis designed to compare two groups of factually innocent capital defendants: Those who were exonerated and those who were executed. There are a total of 97 cases in the sample, including 81 exonerations and 16 executions. The primary objective of the authors is to identify factors that may predict case outcomes among capital defendants with strong claims of factual innocence. Through the use of a logistic regression model, the following variables were significant predictors of case outcome (exoneration vs. execution): allegations of perjury, multiple types of evidence, prior felony record, type of attorney at trial, and race of the defendant. These results point toward significant problems with the administration of capital punishment deriving primarily from the quality of the case record created at trial.

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