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Document(s)

Ending Executions in Europe – Towards Abolition of the Death Penalty in Belarus

By Amnesty International, on 8 September 2020


2020

NGO report

Belarus


More details See the document

Belarus is the last country in Europe and in the former Soviet Union that is still carrying out executions. Since gaining its independence from the USSR in 1991 Belarus has taken some significant steps towards ending the use of the death penalty. The information in this report has been gathered over more than two decades of work monitoring the practice of the death penalty in Belarus.

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

Document(s)

Myth #6 – The death penalty applies to everyone equally

By Reprieve / Emmanuelle Purdon , on 8 September 2020


Academic report


More details See the document

MYTH: The death penalty applies to everyone equally, regardless of race, wealth or background. FACT: People who are convicted of the same crime receive vastly different penalties, across the world and within the same country or even case.

  • Document type Academic report
  • Themes list Arbitrariness,

Document(s)

Myth #7 – Executions are humane

By Reprieve / Emmanuelle Purdon , on 8 September 2020


Academic report


More details See the document

MYTH: Executions are humane. The process is painless and orderly. FACT: There is no decent way to kill a prisoner. Hanging, stoning, beheading and electrocuting all constitute cruel, inhumane and degrading punishment.

  • Document type Academic report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment,

Document(s)

Myth #8 – Executions help victims’ families to heal

By Reprieve / Emmanuelle Purdon , on 8 September 2020


Academic report


More details See the document

MYTH: Executions help victims’ families to heal. FACT: Whilst we cannot speak for all victims’ families, it is clear that not all families are healed after the execution. Rather, the death penalty creates more victims and more brutality.

  • Document type Academic report
  • Themes list Retribution, Murder Victims' Families,

Document(s)

Myth #9 – The Bible supports the death penalty

By Reprieve / Emmanuelle Purdon , on 8 September 2020


Academic report


More details See the document

MYTH: The Bible preaches retribution. Jesus supports the death penalty. FACT: People have been arguing for decades over interpretations of the Bible. The Church has officially declared its opposition to the death penalty. The concept of “mercy” is preached in the majority of religions.

  • Document type Academic report
  • Themes list Religion ,

Document(s)

Myth #10 – The death penalty is not political

By Reprieve / Emmanuelle Purdon , on 8 September 2020


Academic report


More details See the document

MYTH: The death penalty is not political. FACT: The death penalty is often driven by politics rather than a desire to repair social problems and bring justice.

  • Document type Academic report
  • Themes list Fair Trial,

Document(s)

Italian : I FATTI PIÙ IMPORTANTI DEL 2009 (E DEI PRIMI SEI MESI DEL 2010)

By HANDS OFF CAIN, on 8 September 2020


NGO report

en
More details See the document

LA SITUAZIONE AD OGGI : L’evoluzione positiva verso l’abolizione della pena di morte in atto nel mondo da oltre dieci anni, si è confermata nel 2009 e anche nei primi sei mesi del 2010. I Paesi o i territori che hanno deciso di abolirla per legge o in pratica sono oggi 154. Di questi, i Paesi totalmente abolizionisti sono 96; gli abolizionisti per crimini ordinari sono 8; quelli che attuano una moratoria delle esecuzioni sono 6; i Paesi abolizionisti di fatto, che non eseguono sentenze capitali da oltre dieci anni o che si sono impegnati internazionalmente ad abolire la pena di morte, sono 44.

Document(s)

ایران: مجازات اعدام – سیاست دولتی ایجاد وحشت

By International Federation for Human Rights (FIDH) / Antoine Bernard, on 8 September 2020


NGO report

Iran (Islamic Republic of)

en
More details See the document

در دوراني که حرکت به سوي لغو مجازات اعدام در سراسر جهان رو به گسترش است، تمايز جمهوري اسلامي ايران در تعداد زياد اعدام هايي است که در شرايطي آشکارا ناقض�? موازين بين المللي حقوق بشر انجام مي پذيرد. محاکمه های ناعادلانه، اعدام نوجوانان، هد�? گیری اقلیت های قومی و مذهبی… مجازات اعدام در نقض آشکار تعهدات ایران بر اساس قانون بین المللی حقوق بشر انجام می پذیرد.

Document(s)

USA: Breaking a lethal habit – A look back at the death penalty in 2007

By Amnesty International, on 8 September 2020


NGO report

United States

es
More details See the document

This document looks back at the death penalty in 2007 beginning with the New Jersey Death Penalty Study Commission releasing its final report recommending abolition and concluding with the UN General Assembly passing a landmark resolution calling for a global moratorium. It includes death by electrocution; abolition; execution, commutation and stay of execution; mental illness; child rape as well as geographical and colour bias.

Document(s)

A Crisis of Confidence: Americans’ Doubts About the Death Penalty

By Death Penalty Information Center / Richard C. Dieter, on 8 September 2020


NGO report

United States


More details See the document

According to a national public opinion poll conducted in 2007, the public is losing confidence in the death penalty. People are deeply concerned about the risk of executing the innocent, about the fairness of the process, and about the inability of capital punishment to accomplish its basic purposes. Most Americans believe that innocent people have already been executed, that the death penalty is not a deterrent to crime, and that a moratorium should be placed on all executions.

  • Document type NGO report
  • Countries list United States
  • Themes list Public opinion,

Document(s)

Socialist Republic of Viet Nam: The death penalty – inhumane and Ineffective

By Amnesty International, on 8 September 2020


NGO report

Viet Nam

fres
More details See the document

Amnesty International is alarmed by the recent dramatic rise in the reported imposition of the death penalty in Viet Nam, particularly for drugs-related offences and other economic crimes. It believes that the continuing use of the death penalty in Viet Nam is the ultimate cruel, inhuman and degrading punishment and a breach of the right to life and that the conditions surrounding its imposition in Viet Nam are in contravention of international human rights standards. In this report Amnesty is calling on the Vietnamese Government to immediately establish a moratorium on all executions, while taking steps towards total abolition of the death penalty in accordance with international standards and United Nations recommendations.

Document(s)

Indonesian : Indonesia: Urusan tentang pidana mati

By Amnesty International, on 8 September 2020


NGO report

Indonesia

en
More details See the document

Amnesty International juga prihatin akan adanya seruan untuk memperluas jenis masalah kejahatan yang dapat dijatuhi pidana mati. Saat ini pidana mati dapat dijatuhkan pada pelaku kejahatan yang berhubungan dengan masalah pembunuhan; kejahatan menentang keamanan negara; pembunuhan Presiden atau Wakil Presiden dan kejahatan yang berhubungan dengan narkoba. Berlawanan dengan kecenderungan internasional yang ingin menghapuskan atau mengurangi jumlah kasus kejahatan yang dapat dijatuhi pidana mati, dua undang-undang yang berhubungan dengan kejahatan terhadap kemanusiaan dan terorisme yang telah diadopsi selama empat tahun terakhir mencantumkan pidana mati atas beberapa kejahatan. Pada tahun-tahun belakangan ini juga telah ada seruan untuk menjatuhkan pidana mati bagi pelaku penebangan kayu ilegal dan pelaku korupsi.

Document(s)

People’s Republic of China: Executed “according to law”? The death penalty in China

By Amnesty International, on 8 September 2020


NGO report

China

fr
More details See the document

This document describes the process that someone suspected of committing a capital crime goes through under the Chinese criminal justice system, from detention through to execution. This process will be described using examples of cases researched by Amnesty International, and others monitored in the official press in China. As shown, there is potential for the violation of human rights at every stage of the criminal justice process leading to execution.

Document(s)

The Death Penalty Worldwide – Developments in 2003

By Amnesty International, on 8 September 2020


NGO report

fres
More details See the document

This document covers significant events concerning the death penalty during the year 2003. Subjects covered in this document include significant judicial decisions; the use of the death penalty against the innocent; reductions and expansions in the scope of the death penalty; moratoria on executions and commutations of death sentences

Document(s)

Singapore: The death penalty – A hidden toll of executions

By Amnesty International, on 8 September 2020


NGO report

Singapore

fr
More details See the document

More than 400 prisoners have been hanged in Singapore since 1991, giving the small city-state possibly the highest execution rate in the world relative to its population of just over four million people. This report examines the use of the death penalty for drug offences, murder and firearms offences. It emphasizes the cruel and arbitrary nature of the death penalty and shows how it has been imposed on the most marginalized or vulnerable members of society including drug addicts, the poorly educated, the impoverished or unemployed, and migrant workers.

Document(s)

Myanmar: The Administration Of Justice – Grave And Abiding Concerns

By Amnesty International, on 8 September 2020


NGO report

Myanmar


More details See the document

This report discusses Amnesty International’s concern about political imprisonments in Myanmar. Arbitrary arrests; torture and ill-treatment during incommunicado detention; unfair trials; and laws which greatly curtail the rights to freedom of expression and assembly continue as major obstacles to the improvement in the State Peace and Development Council’s human rights record. The section dedicated to the death penalty talks about the death penalty system in relation to specific cases.

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

Document(s)

Courtroom Contortions: How America’s application of the death penalty erodes the principle of equal justice under law

By Anthony G. Amsterdam / American Prospect, on 8 September 2020


Article

United States


More details See the document

One cost this country pays for the death penalty is that its courts are constantly compelled to corrupt the law in order to uphold death sentences. That corruption soils the character of the United States as a nation dedicated to equal justice under law.This is not the only price we pay for being one of the very few democracies in the world that retains capital punishment in the 21st century. But it is a significant item on the cost side of the cost-benefit ledger, something that each thinking person ought to balance in deciding whether he or she supports capital punishment. And it warrants discussion because this cost is little understood. I have spent much of my time for the past 40 years representing death-sentenced inmates in appeals at every level of the state and federal judicial systems, and I am only lately coming to realize how large a tax the death penalty imposes on the quality of justice in those systems.

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

Document(s)

Model League of Arab States: Delegates’ Handbook and Rules of Procedure

By Youngstown State University, on 8 September 2020


Academic report


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This document provides an introduction to the League explaining the idea of the Arab League, how it was formed, its objectives and its structure.

  • Document type Academic report
  • Themes list Networks,

Document(s)

Italian : I FATTI PIU´ IMPORTANTI DEL 2003 (e dei primi mesi del 2004)

By HANDS OFF CAIN, on 8 September 2020


NGO report

en
More details See the document

La situazione ad oggi : La situazione della pena di morte nel mondo è ulteriormente e positivamente cambiata in senso abolizionista nell´ultimo anno. I paesi o i territori che a vario titolo hanno deciso di rinunciare a praticarla sono oggi 133. Di questi 81 sono totalmente abolizionisti; 14 sono abolizionisti per crimini ordinari; 1 (la Russia) in quanto membro del Consiglio d´Europa è impegnato ad abolirla e, nel frattempo, attua una moratoria delle esecuzioni; 5 hanno stabilito una moratoria delle esecuzioni; 32 sono abolizionisti di fatto (non eseguono sentenze capitali da oltre dieci anni).

Document(s)

Uzbekistan: Unfair trials and secret executions: Summary of the report “‘Justice only in heaven’ – the death penalty in Uzbekistan”

By Amnesty International, on 8 September 2020


NGO report

Uzbekistan

fres
More details See the document

This document provides a summary of the report “Uzbekistan: “Justice only in heaven” – the death penalty in Uzbekistan” (EUR 62/011/2003).

Document(s)

Italian : SINTESI DEI FATTI PIU’ IMPORTANTI DEL 2004 (e dei primi mesi del 2005)

By HANDS OFF CAIN, on 8 September 2020


NGO report

enfr
More details See the document

La situazione ad oggi : L’evoluzione positiva verso l’abolizione della pena di morte in atto nel mondo da almeno dieci anni, si è confermata anche nel 2004 e nei primi mesi del 2005. I paesi o i territori che hanno deciso di abolirla per legge o in pratica sono oggi 138. Di questi, i paesi totalmente abolizionisti sono 86; gli abolizionisti per crimini ordinari sono 11; 1 paese, la Russia, in quanto membro del Consiglio d’Europa è impegnato ad abolirla e, nel frattempo, attua una moratoria delle esecuzioni; quelli che hanno introdotto una moratoria delle esecuzioni sono 5; i paesi abolizionisti di fatto, che non eseguono cioè sentenze capitali da oltre dieci anni, sono 35. Dall’inizio del 2004, 3 paesi sono passati dal fronte dei mantenitori a quello a vario titolo abolizionista, mentre altri 5 hanno fatto ulteriori passi in avanti all’interno dello stesso fronte abolizionista.

Document(s)

State Secrets: China’s Legal Labyrinth

By Andrew Nathan / ChristineLoh / Liu Baopu / Fu Hualing / Jerome A. Cohen / Human Rights In China, on 8 September 2020


NGO report

China


More details See the document

This report describes and examines the PRC state secrets system and shows how itallows and even promotes human rights violations by undermining the rights tofreedom of expression and information. The PRC state secrets system, implementedthrough a CPC-controlled hierarchy of government bodies, is comprised of statesecrets laws and regulations that work in tandem with the PRC’s state security,criminal procedure and criminal laws, to create a complex, opaque system that controlsthe classification of—and criminalizes the disclosure or possession of—statesecrets. By guarding too much information and sweeping a vast universe of informationinto the state secrets net, the complex and opaque state secrets system perpetuatesa culture of secrecy that is not only harmful but deadly to Chinese society

  • Document type NGO report
  • Countries list China
  • Themes list Transparency,

Document(s)

USA: Blind faith: An appeal to President George W. Bush to admit that the USA’s 30-year experiment with the death penalty has failed

By Amnesty International, on 8 September 2020


NGO report

United States


More details See the document

In the context of the “war on terror”, US officials have authorized and condoned interrogation techniques and detention conditions that violate the international prohibition on torture. Yet officials have at the same time claimed to be committed to treating detainees humanely. Amnesty International now urges President Bush, in addition to reconsideration of his administration’s approach to the treatment of detainees in US custody at home and abroad, to reconsider his support for the death penalty.

  • Document type NGO report
  • Countries list United States
  • Themes list Networks,

Document(s)

Where is the justice for me?’ The case of Troy Davis, facing execution in Georgia

By Amnesty International / Amnesty International - USA, on 8 September 2020


Academic report

United States


More details See the document

Troy Anthony Davis has been on death row in Georgia for more than 15 years for the murder of a police officer he maintains he did not commit. Given that all but three of the witnesses who testified against Troy Davis at his trial have since recanted or contradicted their testimony amidst allegations that some of it had been made under police duress, there are serious and as yet unanswered questions surrounding the reliability of his conviction and the state’s conduct in obtaining it. As the case currently stands, the government’s pursuit of the death penalty contravenes international safeguards which prohibit the execution of anyone whose guilt is not based on “clear and convincing evidence leaving no room for an alternative explanation of the facts”. Amnesty International does not know if Troy Davis is guilty or innocent of the crime for which he is facing execution. As an abolitionist organization, it opposes his death sentence either way. It nevertheless believes that this is one in a long line of cases in the USA that should give even ardent supporters of the death penalty pause for thought. For it provides further evidence of the danger, inherent in the death penalty, of irrevocable error. As the Chief Justice of the United States Supreme Court wrote in 1993, “It is an unalterable fact that our judicial system, like the human beings who administer it, is fallible. Or as a US federal judge said in 2006, “The assessment of the death penalty, however well designed the system for doing so, remains a human endeavour with a consequent risk of error that may not be remediable.”

  • Document type Academic report
  • Countries list United States
  • Themes list Networks,

Document(s)

Italian : SINTESI DEI FATTI PIU’ IMPORTANTI DEL 2006 (e dei primi sette mesi del 2007)

By HANDS OFF CAIN, on 8 September 2020


NGO report

en
More details See the document

La situazione ad oggi : L’evoluzione positiva verso l’abolizione della pena di morte in atto nel mondo da oltre dieci anni, si è confermata anche nel 2006 e nei primi sette mesi del 2007. I paesi o i territori che hanno deciso di abolirla per legge o in pratica sono oggi 146. Di questi, i paesi totalmente abolizionisti sono 93; gli abolizionisti per crimini ordinari sono 9; 1 paese, la Russia, in quanto membro del Consiglio d’Europa è impegnato ad abolirla e, nel frattempo, attua una moratoria delle esecuzioni; quelli che hanno introdotto una moratoria delle esecuzioni sono 4; i paesi abolizionisti di fatto, che non eseguono cioè sentenze capitali da oltre dieci anni, sono 39.

Document(s)

Italian : La condanna a morte di Saddam Hussein. Riflessioni sul divieto di pena capitale e sulla “necessaria sproporzione” della pena nelle gross violations

By Massimo Donini / Diritti Umani E Diritto Internazionale, on 8 September 2020


Article

Iraq


More details See the document

L’articolo prende in considerazione la condanna a morte di Saddam Hussein e sottolinea come il principio di compensazione che sta alla base di numerosi ragionamenti a favore della pena di morte sia del tutto inapplicabile nel caso di violazioni dei diritti umani quali quelle compiute dal dittatore iracheno. Partendo da questa constatazione l’autore passa poi a descrivere come il valore di una persona non sia legato solamente alle proprie gesta e conclude che la pena di morte vada rifiutata proprio a causa dell’impossibilità di misurare la distanza tra il valore della vita di una persona e le sue azioni.

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

Document(s)

Viêt Namese : Những biến chuyển về mặt Pháp Lý về sự riêng tư trên Internet và quyền tự do ngôn luận ảnh hưởng đến công việc và sự an toàn của những nhà Đấu Tranh Nhân Quyền toàn cầu.

By Frontline, on 8 September 2020


Academic report

enes
More details See the document

Khi emails của chúng ta không đến được người nhận hay khi chúng ta không thể lên được mạng? Chúng ta phản ứng như thế nào về chuyện virus phá hoại các máy vi tính trên thế giới, hay một email tưởng như đến từ một người bạn, yêu cầu mở một hồ sơ đính kèm? Những quyết định thiếu thông tin sẽ dẫn đến sự chọn lựa không hay, và s ựlệ thuộc mù quáng vào khoa học kỹ thuật thường dẫn đến những lỗi lầm đắt giá. Tài liệu này không nhắm tới những thiên tài điện toán. Mục đích của nó là huấn luyện những người sử dụng máy vi tính một cách bình thường và cung cấp họ những giải pháp cho những vấn đề về bảo mật và an toàn trong môi trường điện toán hiện nay.

Document(s)

Japan: “Will this day be my last?” The death penalty in Japan

By Amnesty International, on 8 September 2020


NGO report

Japan

enes
More details See the document

This report examines a number of concerns related to the application of the death penalty in Japan, where approximately 87 prisoners currently remain on death row. These concerns include the fact that a prisoner is notified of the execution on the morning of the day it is to be carried out. In some cases the prisoner is not notified at all. This means that prisoners live with the constant fear of execution, not knowing whether they will be alive the next day. Amnesty International calls on the Japanese government to abolish the death penalty as a matter of urgency.

Document(s)

Swahili : Tanzania: Adhabu ya Kifo Imerasimishwa?

By International Federation for Human Rights (FIDH) / Eric Mirguet / Arnold Tsunga, on 8 September 2020


NGO report

United Republic of Tanzania

enfr
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Katika hoja zinazotumika sana kutetea adhabu ya kifo ni kuwa inasaidia kupunguza uhalifu. Inaelezewa kuwa adhabu ya kifo inalinda jamii dhidi ya watu waliohatari na kuzuia wengine wasije wakafanya uhalifu. Hoja hizi zimethibitishwa kutokuwa na ukweli wowote. Je adhabu ya kifo inalinda jamii dhini ya uhalifu? Hailekei kuwa hivyo. Jamii zinazotumia adhabu ya kifo hazina ulinzi dhidi ya uhalifu kuliko zaidi ya zile jamii zisizotumia adhabu hiyo. Mahali ambapo kuna adhabu mbadala kama vile kifungo, ulinzi wa jamii, hautegemei kuwaondosha kimwili wahalifu. Zaidi ya hapo, inaweza kuelezwa kuwa tahadhari zinazochukuliwa kuzuia wanaosubiri, kuuwawa kujiua inaonyesha wazi kuwa kumuondosha kimwili mhalifu sio sababu ya msingi ya adhabu ya kifo.

Document(s)

Japanese : 今日が最期の日?

By Amnesty International, on 8 September 2020


NGO report

Japan

enes
More details See the document

日本では、死刑執行の予定日に刑務所の外で監視行動などがおこなわれることはない。処刑がおこなわれるかどうかは当局だけが知るところだからである。また処刑は通常、国会が閉会中で処刑の問題を国会で協議することができないような時期におこなわれる。臼井日出男元法相によれば、「死刑についての論議を大々的にする」機会を野党議員に与えないために、このような方針がとられているということである。死刑の執行に関して唯一明らかにされているのは、定期的に法務省が出す統計情報である。執行された人の名前は明らかにはされず、家族が公開しないかぎり知ることはできない。法務省はこうした秘密主義は, 死刑囚の家族を、身内が処刑されたと知られないよう、保護するためだとしている。

Document(s)

Italian : I FATTI PIù IMPORTANTI DEL 2005 (e dei primi sei mesi del 2006)

By HANDS OFF CAIN, on 8 September 2020


NGO report

en
More details See the document

La situazione ad oggi : L’evoluzione positiva verso l’abolizione della pena di morte in atto nel mondo da almeno dieci anni, si è confermata anche nel 2005 e nei primi sei mesi del 2006. I paesi o i territori che hanno deciso di abolirla per legge o in pratica sono oggi 142. Di questi, i paesi totalmente abolizionisti sono 90; gli abolizionisti per crimini ordinari sono 10; 1 paese, la Russia, in quanto membro del Consiglio d’Europa è impegnato ad abolirla e, nel frattempo, attua una moratoria delle esecuzioni; quelli che hanno introdotto una moratoria delle esecuzioni sono 5; i paesi abolizionisti di fatto, che non eseguono cioè sentenze capitali da oltre dieci anni, sono 37.

Document(s)

Japanese : 21世紀 日本に死刑は必要か?死刑執行停止法の制定を求めて

By Japan Federation of Bar Associations, on 8 September 2020


NGO report

Japan


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賛否が分かれる死刑制度2006年9月現在、死刑制度を維持している国は、世界で68か国です。死刑制度に賛成の立場からは、人の生命を奪った者が自らの生命を奪われるのは当然である、という応報的な考え方や、愛する者を奪われた被害者遺族の感情を考えれば死刑は必要である、死刑の威嚇によって犯罪を抑止することができる、などが死刑制度を維持すべき理由として挙げられています。一方、死刑を廃止している国は129か国。死刑制度に反対の立場からは、人権保障の観点から、たとえ国家であっても生命という究極の価値を奪うことは許されない、死刑は残虐で非人道的な刑罰である、とする考えや、誤判による死刑のおそれがあること、死刑に犯罪抑止の効果は実証されていないこと、などが挙げられています。

  • Document type NGO report
  • Countries list Japan
  • Themes list Networks,

Document(s)

Japanese : 「人権と死刑を考える国際リーダーシップ会議」

By Japan Federation of Bar Associations, on 8 September 2020


NGO report

Japan


More details See the document

欧州連合(EU)の行政機関として、死刑廃止政策を積極的に推進するECからは、駐日EC代表部のライテラー公使が、裁判員制度を目前に控えるなか、死刑の存廃・目的・機能、適用方法、犯罪被害者遺族のみならず被執行者遺族の問題を議論することが必要と指摘し、「世論調査による80%の死刑支持率は、死刑継続の正当化ではなく、さらなる議論を要することを示すもの」と語った。またABAからは、多忙なスケジュールの合間をぬって来日したマイケル・グレコ会長が発言した。ABAは、死刑存廃に関する態度は留保したまま、死刑制度に関するさまざまな問題点を指摘し、97年2月に死刑執行停止を求める決議を採択し、死刑制度の運用や死刑事件弁護等に関するガイドラインを制定するほか、さまざまなプログラムを全米さらには海外で展開している。グレコ会長は、「命が奪われる前には、公正な裁判が行われなければならない」として、法律家の責任を強く訴えた

  • Document type NGO report
  • Countries list Japan
  • Themes list Networks,

Document(s)

Portuguese : Tribunal Africano dos Direitos Humanos e dos Povos

By African Court on Human and Peoples' Rights, on 8 September 2020


Academic report

enfr
More details See the document

O Tribunal Africano dos Direitos Humanos e dos Povos foi estabelecido pelo Protocolo à Carta Africana dos Direitos Humanos e dos Povos relativamente ao Estabelecimento do Tribunal Africano dos Direitos Humanos e dos Povos. A missão do Tribunal consiste em complementar e reforçar as funções da Comissão promovendo e protegendo os direitos, as liberdades e as obrigações do homem e dos povos nos Estados membros da União Africana. O Tribunal é composto por onze (11) juízes cidadãos dos Estados membros da União Africana e eleitos em função de suas capacidades individuais.

Document(s)

Death penalty developments in 2005

By Amnesty International, on 1 January 2006


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)

The Death Penalty in Taiwan: Towards Abolition?

By International Federation for Human Rights (FIDH) / Sharon Hom / Penelope Martin / Siobhan Ni Chulachain, on 1 January 2006


NGO report


More details See the document

This report highlights serious concerns regarding the conditions of detention of prisoners in Taiwan. Although there has been some improvement in conditions in recent years, FIDH and TAEDP report severe problems of overcrowding and inadequate medical treatment for prisoners, requiring urgent attention. In addition, the mission found that the use of shackles, in violation of international standards, is widespread. Prisoners, in particular those on death row, regularly have their legs chained together for 24 hours per day, in violation of the prohibition against cruel, inhuman and degrading treatment. Despite recent reforms to the criminal justice system, FIDH and TAEDP found that serious failings continue to lead to miscarriages of justice. The report highlights persistent problems including discrimination, limited access to legal representation, piecemeal and only partially implemented reforms and unsatisfactory appeals procedures. FIDH and TAEDP found that training and supervision for actors within the system, including police, is grossly inadequate, leading to failures in the collection and preservation of evidence, whilst prosecutors and judges are inclined to “rubber stamp” police findings.

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

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


More details See the document

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)

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)

THE MOST IMPORTANT FACTS OF 2005 (AND THE FIRST SIX MONTHS OF 2006)

By HANDS OFF CAIN, on 1 January 2006


NGO report

en
More details See the document

The worldwide situation to date: The worldwide trend towards abolition, underway for at least a decade, was again confirmed in 2005 and the first half of 2006. There are currently 142 countries that to different extents have decided to renounce the death penalty. Of these: 90 are totally abolitionist; 10 are abolitionist for ordinary crimes; 1 (Russia) is committed to abolishing the death penalty as a member of the Council of Europe and currently observing a moratorium on executions; 5 have a moratorium on executions in place and 37 are de facto abolitionist (i.e. no executions have taken place in those countries for at least ten years).

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Alabama Death Penalty Assessment Report: An Analysis of Alabama’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


NGO report


More details See the document

To assess fairness and accuracy in Alabama’s death penalty system, the Alabama Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Alabama Death Penalty Assessment Report summarizes the research on each issue and analyzes the level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Arizona Death Penalty Assessment Report: An Analysis of Arizona’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


NGO report


More details See the document

To assess fairness and accuracy in Arizona’s death penalty system, the Arizona Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Arizona Death Penalty Assessment Report summarizes the research on each issue and analyzes the State’s level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Florida Death Penalty Assessment Report: An Analysis of Florida’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


NGO report


More details See the document

To assess fairness and accuracy in Florida’s death penalty system, the Florida Death Penalty Assessment Team researched the twelve issues that the American Bar Association identified as central to the analysis of the fairness and accuracy of a state’s capital punishment system: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state post-conviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) racial and ethnic minorities; and (12) mental retardation and mental illness. The Florida Death Penalty Assessment Report devotes a chapter to each of these issues, which follow a preliminary chapter on Florida death penalty law (for a total of 13 chapters). Each of the issue chapters begins with a discussion of the relevant law and then reaches conclusions about the extent to which the State of Florida complies with the ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Georgia Death Penalty Assessment Report: An Analysis of Georgia’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


NGO report


More details See the document

To assess fairness and accuracy in Georgia’s death penalty system, the Georgia Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Georgia Death Penalty Assessment Report summarizes the research on each issue and analyzes the level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

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


More details See the document

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)

Write a Letter to the Editor

By National Coalition Against the Death Penalty / Wisconsin Coalition Against the Death Penalty, on 1 January 2007


2007

Working with...


More details See the document

Writing a letter to the editor of your local newspaper, or submitting a story to a local blog, is a great way to fight the continued use of the death penalty. This site gives helpful tips on how to write such a letter.

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

Document(s)

Executing the Mentally Ill: When Is someone Sane Enough to Die?

By Michael Mello / Criminal Justice, on 1 January 2007


Article

United States


More details See the document

Mental illness is a phenomenon that knifes across the entire corpus of our criminal justice system. From interrogations and waivers of Miranda rights, to consent to searches and seizures, to plea negotiations and the capacity to stand trial, to calculating sentences and participating in appellate and postconviction proceedings, mental illness warps the machinery of our criminal law and challenges its most cherished assumptions about free will, decisional competence, and culpability. This is so regardless of whether or not life hangs in the balance. But when the stakes are life and death, the structural distortions caused by mental illness become magnified, and the contradictions can rise to constitutional magnitude.

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

Document(s)

Towards the Abolition of the Death Penalty in Africa: A Human Rights Perspective

By Lilian Chenwi / Pretoria University Law Press, on 1 January 2007


Book


More details See the document

In “Towards the abolition of the death penalty in Africa – a human rights perspective”, the author shows that international law increasingly recognises that the imposition and execution of the death penalty constitute violations of human rights. The author locates an emerging international trend towards the abolition of capital punishment in the African context. In doing so, she provides a particular African perspective on the issue. In this rich and informative text, she reflects on the role and impact of relevant UN instruments on African states, and analyses related African regional instruments, domestic law and case-law.

  • Document type Book

Document(s)

Alternatives to the Death Penalty: The Problems with Life Imprisonment

By Penal Reform International, on 1 January 2007


Arguments against the death penalty


More details See the document

This briefing examines the use of life imprisonment worldwide, including the increasing trend of life imprisonment without the possibility of release, or life without parole (LWOP). Emerging trends indicate an increase in the number of offences carrying the sanction of life imprisonment, a greater prevalence of indeterminate sentencing, a reduction in the use of parole, and the lengthening of prison terms as a whole. The abolition of the death penalty has played a significant role in the increased use of life imprisonment sentences, and LWOP in particular. Conditions of detention and the treatment of prisoners serving life sentences are often far worse than those for the rest of the prison population and more likely to fall below international human rights standards.

  • Document type Arguments against the death penalty
  • Themes list Sentencing Alternatives,

Document(s)

Stop the Death Penalty: Worldwide Abolition Now

By Amnesty International, on 1 January 2007


Arguments against the death penalty

arfres
More details See the document

This video by Amnesty International talks about how the administration of the death penalty is cruel, often sought after unfair trials and how innocent people have been wrongfully convicted. Voice over by Colin Firth.

Document(s)

A Guide to Sentencing in Capital Cases

By The Death Penalty Project, on 1 January 2007


Working with...


More details See the document

Recent years have seen a number of ground-breaking judicial decisions on the mandatory death penalty in various Caribbean and African jurisdictions. In analysing these developments, this manual addresses the key issues that arise in the sentencing and resentencing of offenders following the abolition of the mandatory death penalty for particular crimes. It deals with the general test to be applied when deciding whether an offender should be sentenced to a discretionary death penalty. It also addresses the aggravating and, in particular, mitigating considerations relevant to the sentencing exercise and procedural issues that arise as a result of the discretion now vested in the courts to impose an appropriate sentence in each case.

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

Document(s)

Leaflet

By California Crime Victims for Alternatives to the Death Penalty, on 1 January 2007


Working with...


More details See the document

California Crime Victims for Alternatives to the Death Penalty (CCV) is made up of families, friends, and loved ones of murder victims who support alternatives to the death penalty.

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

Document(s)

Digital Security and Privacy for Human Rights Defenders

By Frontline, on 1 January 2007


Working with...

enes
More details See the document

What do we do when things go wrong? When our computers break down and annihilate years of hard work? When our emails do not reach the addressees or when we cannot access a website? How do we react to a news story of a virus damaging computers around the world, or to an email purportedly from a friend, asking to open the attached file? Uninformed decisions lead to bad choices, and blind reliance on technology often results in costly mistakes. This book is not aimed at a computer wizard. Its purposes are educating ordinary computer users and providing them with solutions to problems of privacy and security in a modern digital environment.

Document(s)

Crime and Justice. Abolishing the Death Penalty

By IPS, on 1 January 2007


Book


More details See the document

The IPS ‘Death Penalty Abolition Project’, supported bythe European Union, has recorded the voices of many of those who have played a key role in the recently fast-moving journey towards a death-penalty-free world. In doing so, IPS has been guided by the purposes and principles contained in the Charter of the United Nations, the Universal Declaration of Human Rights, theInternational Covenant on Civil and Political Rights and the Convention on the Rights of the Child.Collected here are some 100 reports from dozens ofcountries and every continent. The voices of those who have spoken out here – many hundreds in number – include activists,academics, lawyers and, of course, those waiting for that dreaded last knock on their cell door.

  • Document type Book
  • Themes list Moratorium , Trend Towards Abolition, Death Penalty,

Document(s)

The lethal injection quandary: how medicine has dismantled the death penalty

By Deborah W. Denno, on 1 January 2007


Article

United States


More details See the document

On February 20, 2006, Michael Morales was hours away from execution in California when two anesthesiologists declined to participate in his lethal injection procedure, thereby halting all state executions. The events brought to the surface the long-running schism between law and medicine, raising the question of whether any beneficial connection between the professions ever existed in the execution context. History shows it seldom did. Decades of botched executions prove it. This Article examines how states ended up with such constitutionally vulnerable lethal injection procedures, suggesting that physician participation in executions, though looked upon with disdain, is more prevalent— and perhaps more necessary —than many would like to believe. The Article also reports the results of this author’s unique nationwide study of lethal injection protocols and medical participation. The study demonstrates that states have continued to produce grossly inadequate protocols that severely restrict sufficient understanding of how executions are performed and heighten the likelihood of unconstitutionality. The analysis emphasizes in particular the utter lack of medical or scientific testing of lethal injection despite the early and continuous involvement of doctors but ongoing detachment of medical societies. Lastly, the Article discusses the legal developments that led up to the current rush of lethal injection lawsuits as well as the strong and rapid reverberations that followed, particularly with respect to medical involvement. This Article concludes with two recommendations. First, much like what occurred in this country when the first state switched to electrocution, there should be a nationwide study of proper lethal injection protocols. An independent commission consisting of a diverse group of qualified individuals, including medical personnel, should conduct a thorough assessment of lethal injection, especially the extent of physician participation. Second, this Article recommends that states take their execution procedures out of hiding. Such visibility would increase public scrutiny, thereby enhancing the likelihood of constitutional executions. By clarifying the standards used for determining what is constitutional in Baze v. Rees, the U.S. Supreme Court can then provide the kind of Eighth Amendment guidance states need to conduct humane lethal injections.

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

Document(s)

STRENGTHENING THE DEFENCE IN DEATH PENALTY CASES IN THE PEOPLE´S REPUBLIC OF CHINA: Empirical Research into the Role of Defence Councils in Criminal Cases Eligible for the Death Penalty

By Hans Jörg Albrecht / Max Planck Institute for Foreign and International Criminal Law, on 1 January 2006


2006

Article

China


More details See the document

This project examines the role of defence councils in Chinese criminal proceedings that can end up with the imposition of the death penalty. It aims to review the problems defence lawyers face in such proceedings, the defence strategies they apply and to examine whether the assignment of a defence lawyer makes a difference in the outcome of a criminal trial. Moreover, the project explores what can and should be done to empower defence councils to effectively represent suspects and accused in death penalty eligible cases.The objective of the study is to shed light on the problems experienced by criminal defence councils when defending capital crime cases and to generate information on how death penalty cases are processed through the Chinese system of justice as well as the determinants of the outcomes death penalty eligible criminal cases.

  • Document type Article
  • Countries list China
  • Themes list Legal Representation,

Document(s)

Litigating in the Shadow of Death

By Lawrence C. Marshall / University of Pittsburgh Law Review, on 1 January 2006


Article

United States


More details See the document

One gets the strong sense that Professor White believed that the key to changing or abolishing the death penalty in the United States was to educate policymakers and the public about its practical operation. This, of course, was Justice Thurgood Marshall’s hypothesis in Furman v. Georgia: that the widespread support that the death penalty enjoys in the country is a product of mass ignorance about how it is applied. Professor White did not simply posit the theory, he dedicated much of his life to the mission of educating the public about the inequities of the American death penalty. This final book does that in an extraordinarily effective way by combing together studies of illustrative cases, analysis of the lawyers’ roles and dilemmas, and cogent explanations of the state of the law.

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

Document(s)

The Global Debate on the Death Penalty

By Sandra Babcock / Human Rights Magazine, on 1 January 2007


2007

Article

United States


More details See the document

Many human rights organizations and intergovernmental organizations, such as the European Union, see the death penalty as one of the most pressing human rights issues of our time and have taken an active role in persuading countries to halt executions. The debate over capital punishment in the United States—be it in the courts, in state legislatures, or on nationally televised talk shows—is always fraught with emotion. The themes have changed little over the last two or three hundred years. Does it deter crime? If not, is it necessary to satisfy society’s desire for retribution against those who commit unspeakably violent crimes? Is it worth the cost? Are murderers capable of redemption? Should states take the lives of their own citizens? Are current methods of execution humane? Is there too great a risk of executing the innocent?

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

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


2005

Article

United States


More details See the document

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)

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)

THE MOST IMPORTANT FACTS IN BRIEF 2004 (and up to September 15, 2005)

By HANDS OFF CAIN, on 1 January 2005


NGO report

enfr
More details See the document

The worldwide situation to date: The worldwide trend towards abolition, underway for at least a decade, was again confirmed in 2004 and the first half of 2005. There are currently 138 countries that to different extents have decided to renounce the death penalty. Of these: 86 are totally abolitionist; 11 are abolitionist for ordinary crimes; 1 (Russia) is committed to abolishing the death penalty as a member of the Council of Europe and currently observing a moratorium on executions; 5 have a moratorium on executions in place and 35 are de facto abolitionist (i.e. no executions have taken place in those countries for at least ten years). Since the beginning of 2004, 3 countries have passed from retention to an extent of abolition, whereas 5 countries have advanced within the categories of the abolitionist group.

Document(s)

Blind Justice: Juries Deciding Life and Death With Only Half the Truth

By Death Penalty Information Center / Richard C. Dieter, on 1 January 2005


NGO report


More details See the document

Blind Justice is a report which focuses on the problems of the death penalty from the perspective of jurors. While jurors have always occupied an esteemed position in the broader criminal justice system in the United States, in capital cases the responsibility of jurors is even more critical as they decide whether defendants should live or die. Even with this unique authority in capital cases, they are treated less than respectfully. Frequently, they are kept in the dark regarding key information about the case and are often barred from serving based on their beliefs or their race.

  • Document type NGO report
  • Themes list Networks,

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)

ON REDUCING WHITE SUPPORT FOR THE DEATH PENALTY: A PESSIMISTIC APPRAISAL

By Steven F. Cohn / Steven E. Barkan / Criminology and Public Policy, on 1 January 2005


Article

United States


More details See the document

As Soss et al. (2003) point out, whites are the most influential racial groupand support the death penalty much more than blacks do. In the 2002GSS, 69.8% of whites favored the death penalty, compared with only42.1% of blacks. If white support for the death penalty was as low as blacksupport, it would be much more difficult for the Supreme Court to believethat “evolving standards of decency” had not evolved against capitalpunishment.

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

Document(s)

New Claims about Executions and General Deterrence: Déjà Vu All Over Again?

By Richard Berk / Journal of Empirical Legal Studies, on 1 January 2005


Article

United States


More details See the document

A number of papers have recently appeared claiming to show that in the United States executions deter serious crime. There are many statistical problems with the data analyses reported. This paper addresses the problem of “influence,” which occurs when a very small and atypical fraction of the data dominate the statistical results.

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

Document(s)

Breaking new ground: The need for a protocol to the African Charter on the abolition of the death penalty in Africa

By Lilian Chenwi / African Human Rights Law Journal, on 1 January 2005


Article


More details See the document

The question addressed in this article is whether there is need for a protocol on the abolition of the death penalty in Africa. The African Charter on Human and Peoples’ Rights (African Charter)2 makes no mention of the death penalty or the need to abolish it.3 Further, only six African states have ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty. Since the protocol would, most likely, take into consideration the unique problems of the continent, it stands a better chance of effectively supplementing the provisions of the African Charter than the Second Optional Protocol.

  • Document type Article
  • Themes list Public debate,

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)

Freedom Inside The Walls

By Penal Reform International, on 1 January 2005


Arguments against the death penalty


More details See the document

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)

Poster World Day 2004

By World Coalition against the death penalty , on 10 October 2004


2004

Campaigning

Trend Towards Abolition

esfr
More details Download [ pdf - 17 Ko ]

Poster world day against the death penalty 2004

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


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)

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)

Faith in Action

By Amnesty International - USA, on 1 January 2006


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
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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.

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Document(s)

The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights

By Council of Europe, on 1 January 2006


Working with...

fr
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This Handbook deals with the right to life, as guaranteed by Article 2 of the European Convention on Human Rights (ECHR or “the Convention”), and with the case-law of the European Court of Human Rights (“the Court”) under that article.

Document(s)

The Right to a Fair Trial

By Council of Europe, on 1 January 2006


Working with...

fr
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This handbook is designed to provide readers with an understanding of how legal proceedings at national level must be conducted in order to conform with the obligations under Article 6 of the European Convention on Human Rights. It is divided into chapters, each of which treats a different aspect of the guarantees contained in the article.

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


2005

NGO report


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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)

The Death Penalty in Uzbekistan: Torture and Secrecy

By International Federation for Human Rights (FIDH) / Christine Martineau / Caroline Giraud / Richard Wild, on 1 January 2005


NGO report

rufr
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On August 1, 2005, President Karimov announced, through a presidential decree, that the abolition of the death penalty was planned for January 1, 2008. The report concludes that the Uzbek authorities are responsible of serious and systematic human rights violations in the framework of the administration of criminal justice. The rights of those arrested are systematically violated. They often lack any access to a lawyer during their pre-trial detention, their families are not informed and torture is used in order to extort confessions, which often serve as a basis for their condemnation.

Document(s)

Uganda: Challenging the Death Penalty

By International Federation for Human Rights (FIDH) / Thomas Lemaire / Eric Mirguet / Mary Okosun, on 1 January 2005


NGO report


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The general feeling of NGOs and abolitionists in Uganda is that the most pressing issue is the situation of ordinary prisoners, while the death penalty as administered by the military should be addressed at a second stage. The questions relating to the military are sensitive issues in Uganda, which might also explain that position. The focus of the present report is consequently mainly on the death sentences pronounced by ordinary criminal courts.

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

Document(s)

Deciding Death

By Corinna Barrett Lain / Duke Law Journal, on 1 January 2007


2007

Article

United States


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When the Supreme Court is deciding death, how much does law matter? Scholars long have lamented the majoritarian nature of the Court’s Eighth Amendment “evolving standards of decency” doctrine, but their criticism misses the mark. Majoritarian doctrine does not drive the Court’s decisions in this area; majoritarian forces elsewhere do. To make my point, I first examine three sets of “evolving standards” death penalty decisions in which the Court implicitly or explicitly reversed itself, attacking the legal justification for the Court’s change of position and offering an extralegal explanation for why those cases came out the way they did. I then use political science models of Supreme Court decisionmaking to explain how broader social and political forces push the Court toward majoritarian death penalty rulings for reasons wholly independent of majoritarian death penalty doctrine. Finally, I bring the analysis full [*pg 2] circle, showing how broader sociopolitical forces even led to the development of the “evolving standards” doctrine. In the realm of death penalty decisionmaking, problematic doctrine is not to blame for majoritarian influences; rather, majoritarian influences are to blame for problematic doctrine. The real obstacle to countermajoritarian decisionmaking is not doctrine, but the inherently majoritarian tendencies of the Supreme Court itself.

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

Document(s)

The Peculiar Forms of American Capital Punishment

By David Garland / Social Research: An International Quarterly, on 1 January 2007


Article

United States


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There are two puzzles that confront observers of American capital punishment at the start of the 21st century. One concerns the legal and administrative arrangements through which it is enacted, which strike many commentators as irrational, or at least poorly adapted to the traditional ends of criminal justice. The other concerns the persistence of capital punishment in the USA in a period when comparable nations have decisively abandoned its use. In this essay, I will address both of these two questions, beginning with the first and offering conclusions that bear upon the second.The historical struggles around issues of capital punishment, structured as they have been by the American polity with its distinctive mix of federalism, sectionalism, and democratic populism, form the necessary basis for understanding the American present and for comparing America’s current practices with those of other western nations. Any explanation of American capital punishment ought to begin by focusing attention on these structures and these struggles.

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

Document(s)

Report : Third World Congress Against the Death Penalty

By Ensemble contre la peine de mort (ECPM), on 1 January 2008


2008

NGO report

fr
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Participants in the Third World Congress Against the Death Penaltyin Paris have repeated again and again that the universal abo-lition of the death penalty is underway. The work carried outin Paris 2007 has clearly shown it: an irreversible downwardtrend in the number of death sentences and executions is vis-ible worldwide. Above all an increasing number of nations haveabandoned this useless and cruel practice.

Document(s)

Objection Handbook

By John H. Blume / Cornwell Death Penalty Project, on 1 January 2008


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This handbook is divided into five tabbed sections. The first section provides some general guidelines to assist trial counsel in properly preserving issues for appellate review. Sections 2-4 address the following topics: (2) pre-trial issues; (3) jury selection and juror misconduct issues; (4) the substantive admissibility of evidence; and, (5) the solicitor’s closing argument.

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

Document(s)

Working with the United Nations Human Rights Programme: A Handbook for Civil Society

By United Nations, on 1 January 2008


Working with...

rufrzh-hantes
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Working with the United Nations Human Rights Programme: A Handbook for Civil Society is addressed to the civil society actors who, every day in every part of the world, contribute to the promotion, protection and advancement of human rights. Developed following a survey among users of the first edition of the Handbook—Working with the Office of the United Nations High Commissioner for Human Rights: A Handbook for NGOs (2006)—this comprehensively updated and revised second edition puts United Nations human rights bodies and mechanisms at its centre. Speaking to all civil society actors, including but not only non-governmental organizations (NGOs), the Handbook explains how civil society can engage with various United Nations human rights bodies and mechanisms. It is the hope of the Office of the United Nations High Commissioner for Human Rights (OHCHR) that this Handbook will enable more people to enjoy and make claim to their human rights through these bodies and mechanisms.

Document(s)

Working with the United Nations Human Rights Programme A Handbook for Civil Society

By United Nations / Office of the United Nations High Commissioner for Human Rights, on 1 January 2008


United Nations report

enrufrzh-hantes
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Document(s)

كار با برنامه حقوق بشر سازمان ملل متحد کتابی برای راهنمایی جامعه مدني

By United Nations / Office of the United Nations High Commissioner for Human Rights, on 1 January 2008


Arguments against the death penalty

enrufrzh-hantes
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اين كتاب راهنما خطاب به همه فعالان جامعه مدني، ازجمله سازمان هاي غيردولتي، اما نه فقط آنها، توضيح مي دهد چگونه جامعه مدني مي تواند با نهادها وسازوكارهاي گوناگون حقوق بشرسازمان ملل همكاري كند

Document(s)

Awaiting Death

By Penal Reform International, on 1 January 2008


Multimedia content

Kyrgyzstan


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This film gives an insight into prison life for 174 men convicted and sentenced to death or to life imprisonment in Kyrgyzstan.

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

Document(s)

No to the Death Penalty

By Penal Reform International, on 1 January 2008


Multimedia content

Kazakhstan


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This film is based on the death penalty in Kazakhstan. The death penalty was formerly a common charge for the most obscene crimes, and was at its greatest prominence in 1995, when 101 males on charges of death sentences were executed by the firing squad.

  • Document type Multimedia content
  • Countries list Kazakhstan
  • Themes list Most Serious Crimes, Country/Regional profiles,

Document(s)

Father Finds Peace in Forgiveness

By NPR Books , on 1 January 2008


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Hector Black’s daughter was murdered after she surprised an intruder in her Atlanta home. In this powerful recording, Black discusses how he found peace in forgiving the man who murdered his child.

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

Document(s)

Wrongful Convicitions in Californian Capital Cases

By Death Penalty Focus, on 1 January 2008


Legal Representation


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This report details the cases of thirteen men and one woman who were convicted of first degree murder in California and later freed after a court concluded that they had been wrongfully convicted.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Poster World Day 2007

By World coalition against the death penalty , on 10 October 2007


2007

Campaigning

Trend Towards Abolition

arfr
More details Download [ pdf - 228 Ko ]

Take action
against the death penalty:
Join the hundreds
of initiatives worldwide
Sign the petition
calling for a universal
moratorium on executions

Document(s)

Coping with Innocence after Death Row

By Kimberly J Cook / Saundra D Westervelt / Contexts, on 1 January 2008


2008

Working with...


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The enduring images of exonerees are of vindicated individuals reunited with family and friends in a moment of happiness and relief, tearful men embraced by supporters who have long fought for their release.We think of these moments as conclusions, but really they’re the start of a new story, one that social science is beginning to tell about how exonerees are greeted by their communities, their homes, and their families, and how they cope with the injustice of their confinement and rebuild their lives on the outside.

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  • Themes list Networks,

Document(s)

Alternatives to the Death Penalty

By Death Penalty Focus / Alternatives to the Death Penalty, on 1 January 2008


Arguments against the death penalty


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In every state that retains the death penalty, jurors have the option of sentencing convicted capital murderers to life in prison without the possibility of parole. The sentence is cheaper to tax-payers and keeps violent offenders off the streets for good. The information is California specific.

  • Document type Arguments against the death penalty
  • Themes list Sentencing Alternatives,

Document(s)

Affront to Justice: Death Penalty in Saudi Arabia

By Amnesty International, on 1 January 2008


NGO report

ar
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Amnesty International has been documenting the Saudi Arabian authorities’ extensive use of the death penalty for over a quarter of a century. This report is the latest evaluation, made in light of the legal, judicial and human rights changes that have been introduced in recent years in the country. The report details cases of death row prisoners on whose behalf Amnesty International has campaigned. It also includes testimonies of former detainees, some of whom have been under sentence of death.

Document(s)

Convicting the Innocent

By Samuel R. Gross / Annual Review of Law and Social Science, on 1 January 2008


Article

United States


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Almost everything we know about false convictions is based on exonerations in rape and murder cases, which together account for only 2% of felony convictions. Within that important but limited sphere we have learned a lot in the past 30 years; outside it, our ignorance is nearly complete. This review describes what we now know about convicting the innocent: estimates of the rate of false convictions among death sentences; common causes of false conviction for rape or murder; demographic and procedural predictors of such errors. It also explores some of the types of false convictions that almost never come to light—innocent defendants who plead guilty rather than go to trial, who receive comparatively light sentences, who are convicted of crimes that did not occur (as opposed to crimes committed by other people), who are sentenced in juvenile court—in fact, almost all innocent defendants who are convicted of any crimes other than rape or murder. Judging from what we can piece together, the vast majority of false convictions fall in these categories. They are commonplace events, inconspicuous mistakes in ordinary criminal investigations that never get anything close to the level of attention that sometimes leads to exoneration.

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

Document(s)

The death penalty worldwide developments in 2007

By Amnesty International, on 1 January 2008


NGO report

fresar
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In 2007 the world continued to move closer to the universal abolition of the capital punishment. A historical landmark is the resolution on a moratorium on executions endorsed by the United Nations. By the end of the 2007, 91 countries have abolished the death penalty for all crimes. The death penalty has now been abolished in law or practice by 135 countries. Other subjects covered in this report include commutations, judicial reviews, use against child offenders; and extradition.

Document(s)

Nigeria: Waiting for the Hangman

By Amnesty International, on 1 January 2008


NGO report

fr
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More than 720 men and 11 women are under sentence of death in Nigeria’s prisons. They have one thing in common, beyond not knowing when they will be put to death. They are poor. From their first contact with the police, through the trial process, to seeking pardon, those with the fewest resources are at a serious disadvantage. This text describes the treatment of the death penalty in Nigeria.

Document(s)

THE MOST IMPORTANT FACTS OF 2007 (and the first six months of 2008)

By HANDS OFF CAIN, on 1 January 2008


NGO report

en
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The U.N. Moratorium on Executions : On December 18, 2007, with 104 votes in favour, 54 votes against and 29 abstentions, the United Nations 62nd General Assembly (UNGA) adopted a Resolution that calls upon all States that still maintain the death penalty to “Establish a moratorium on executions with a view to abolishing the death penalty.”

Document(s)

The Hidden Death Tax: The Secret Cost of Seeking Execution in California

By Natasha Minsker / American Civil Liberties Union, on 1 January 2008


NGO report


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California taxpayers pay at least $117 million each year at the post-conviction level seeking execution of the people currently on death row, or $175,000 per inmate per year. The largest single expense is the extra cost of simply housing people on death row, $90,000 per year per inmate more than housing in the general prison population. Executing all of the people currently on death row or waiting for them to die naturally – which will happen first – will cost California an estimated $4 billion more than if all the people on death row were sentenced to die of disease, injury or old age.

  • Document type NGO report
  • Themes list Networks, Financial cost,