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Document(s)

Hindi : एशिया में घातक अन्याय: समाप्ति अनुचित परीक्षण, सज़ाएँ बंद करो

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


2020

NGO report

enenenenenenenenzh-hant
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संयुक्त दुनिया के बाकी की तुलना में एशिया – प्रशांत क्षेत्र में और अधिक लोगों को क्रियान्वित कर रहे हैं. इस संभावना है कि वे एक अनुचित परीक्षण के बाद मार डाला गया जोड़ें, और इस सज़ा के सकल अन्याय सब भी स्पष्ट हो जाता है.

Document(s)

By Amnesty International / Anti-Death Penalty Asia Network, on 1 January 2020


2020

NGO report


More details See the document

Энэхүү илтгэлийг боловсруулахдаа хэд хэдэн хэргийг тоймлон бичсэн ба тэдгээр нь цаазын ялыг хэрэгжүүлэхийн бодит аюулыг ил тодорхой харуулж байна.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Death Penalty Issues Checklist – Universal Periodic Review Stakeholder Reports

By The Advocates for Human Rights, on 8 September 2020


2020

Academic report


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List of points of international human rights law to review when submitting a report on a country’s use of the death penalty to the United Nations’ Universial Periodic Review.

  • Document type Academic report
  • Themes list International law,

Document(s)

Supreme Court of India ruling in Shatrughan Chauhan & Anr. Versus Union of India & Ors.

By P. Sathasivam / Supreme Court of India / Ranjan Gogoi / Shiva Kirti Singh, on 8 September 2020


Multimedia content

India


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The Court (pictured) ruled in favour of two prisoners who petitioned for a commutation of their death sentences to life imprisonment, claiming “the unconscionably long delay in deciding the mercy petition has caused the onset of chronic psychotic illness”. It acknowledged the “unbearable mental agony after confirmation of death sentence” and added that in some cases “death-row prisoners lost their mental balance on account of prolonged anxiety and suffering experienced on death row”.

  • Document type Multimedia content
  • Countries list India
  • Themes list Mental Illness, International law, Death Row Conditions, Death Row Phenomenon,

Document(s)

Tanzania Human Rights Report – 2017 ‘Unknown Assailants’: A Threat to Human Rights

By Legal and Human Rights Centre, on 8 September 2020


NGO report

United Republic of Tanzania


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“Unknown Assailants: A Threat to Human Rights”So is named The Tanzania Human Rights Report of 2017 released by the Legal and Human Rights Centre (LHRC).This report was published on April, 25th 2018 and it enlights for the fifteenth time the major human rights violation in Tanzania. This report, while it deals with human rights violation in Tanzania concerning civil and politial rights, freedom of violence, freedom of expression, etc, also presents some issues due to these violations such as the right to participate in governance, particularly the right to participate in political life, which are deny.

  • Document type NGO report
  • Countries list United Republic of Tanzania
  • Themes list Death Penalty, Statistics, Country/Regional profiles,

Document(s)

Annual report on the death penalty in Iran 2020

By Iran Human Rights (IHR), ECPM (Together Against the Death Penalty), on 4 May 2021


2021

NGO report

Iran (Islamic Republic of)

fa
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The 13th annual report on the death penalty by Iran Human Rights (IHR) and ECPM (Together Against the Death Penalty) provides an assessment and analysis of the death penalty trends in 2020 in the Islamic Republic of Iran.

Document(s)

Greek : НОВЫЕ ТЕНДЕНЦИИ РАЗВИТИЯ УГОЛОВНОГО ЗАКОНОДАТЕЛЬСТВА В КИТАЕ

By Пан Дунмэй / Институт изучения России Хэйлунцзянского университета, on 8 September 2020


2020

Article

China


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Бурное социально-экономическое развитие КНР в последние годы обусловило изменения, произошедшие в современном китайском обществе, что, в свою очередь, повлекло необходи- мость изменения уголовного законодательства Китая.

  • Document type Article
  • Countries list China
  • Themes list International law,

Document(s)

Human Rights and Democracy: The 2010 Foreign & Commonwealth Office Report

By United Kingdom Foreign & Commonwealth Office, on 8 September 2020


NGO report

Afghanistan


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The report covers the period from January to December 2010, though some key events in early 2011 have also been included. It highlights the important progressbeing made, serious concerns that we have, and what we are doing to promote our values around the world. It will rightly be studied closely by Parliament, NGOs and the wider public. There is a chapter dedicated to the death penalty, as well as 2010 figures on the death penalty in target countries.

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

Document(s)

Indonesian : KETIDAKADILAN YANG MEMATIKAN DI ASIA Akhiri peradilan yang tidak adil, hentikan eksekusi

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
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Lebih banyak orang yang dieksekusi mati di kawasan Asia-Pasifik dibandingkan dengan gabungan jumlah hukuman mati di kawasan lain di dunia. Ditambah lagi adanya kemungkinan bahwa mereka dieksekusi hukuman mati setelah melalui sebuah peradilan yang tidak adil, maka ketidakadilan yang sangat besar dari hukuman ini menjadi semakin jelas.

Document(s)

Japanese : 不当に奪われる生命 ~アジアにおける不公正な裁判を止め、 死刑執行の停止を~

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
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アジア太平洋地域における死刑の執行数は、世界の他の地域の合計数よりも多い。その上、不公正な裁判で処刑された可能性や、死刑の著しい不正義が明らかに なっている。誤判で死刑判決が言い渡されると、取り返しがつかない。アジア 太平洋地域の人口の95パーセントが、 死刑を存置

Document(s)

Indonesian : Delapan kasus lembar (meliputi Cina, India, Indonesia, Jepang, Malaysia, Pakistan, Singapura, Taiwan)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
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Document(s)

Mongolian : АЗИ ТИВ ДЭХ ЭНЭРЭЛГҮЙ ШУДАРГА БУС ЯВДАЛ Шударга бусaap шүүх явдлыг зогсоож, цаазын ялыг халъя

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
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Ази, Номхон далайн бүсэд дэлхийн бусад орнуудыг нийлүүлж тооцсоноос ч илүү олон хүнийг цаазалж байна. Үүнээс гадна тэр хүмүүсийг шударга бус шүүхээр шүүсэн байх магадлалтай бөгөөд энэхүү шийтгэл нь асар ичгүүргүй, шударга бус болох нь улам ойлгомжтой болсоор байна.

Document(s)

Hungarian : Hallassuk hangunkat az EU-ban: útmutató civil szervezeteknek

By Civil Society Contact Group, on 8 September 2020


Academic report

enenenenenenenenenfres
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Document(s)

Portuguese : Faça ouvir A sua voz na União Europeia!

By Civil Society Contact Group, on 8 September 2020


Academic report

enenenenenenenenenfres
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Facultando informações talhadas à medida sobre as instituições comunitárias ou sobre o modo de funcionamento das ONG europeias, fornecendo igualmente conselhos sobre a actividade de lobbying, este manual de formação, ilustrado com exemplos de campanhas realizadas ao nível europeu, foi elaborado com a intenção de servir as ONG e as(os) activistas que começaram agora a preocupar-se com a definição e a afirmação da sua própria estratégia europeia.

Document(s)

Tagalog : NAKAMAMATAY NA KAWALAN NG KATARUNGAN SA ASYA Itigil ang Di Makatarungang paglilitis, Itigil ang Pagbitay

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
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Mas maraming tao ang pinarusahan ng kamatayan sa Rehiyong Asya-Pasipikokung ikukumpara sa pinagsamang iba pang bahagi ng mundo. Idagdag pa rito ang probabilidad na sila ay binitay pagkatapos ng di-makatarungang paglilitis, at lalong lilinaw ang garapal na inhustisya ng parusang ito.

Document(s)

Slovene : Naj se slisi vas glas v EU: Prirocnik za nevladne organizacije

By Civil Society Contact Group, on 8 September 2020


Academic report

enenenenenenenenenfres
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Document(s)

Urdu : یفاصناان کلہم ںیم ایشیا ںیرک متخ توم ےازس ،دنب تامدقم ہنافصنمریغ

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
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ںیم سا ۔ےہ یتاج ید توم ےازس وک دارفا ہدایز ےس ایند یقاب ںیم ےطخ کفسیپ ایشیا ںیم ےجیتن ےک تعامس ہنافصنمریغ ںیہنا ہک ےئاج ایل رک لماش یھب وک ناکما سا رگا ۔ےہ یتاجوہ حضاو یفاصناان یعومجم یک ازس سا وت یئگ ید ازس

Document(s)

Urdu : آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
More details See the document

اس رپورٹ کو ترتیب دیتے ہوئے کئی مقدمات کا دوبارہ جائزہ لیا گیا جس سے سزائے موت پر عمل درآمد سے پیدا ہونے والے اصل خطرات ظاہر ہوئے ہیں۔ آٹھ کیس شیٹ (ڈھکنے کا چین، بھارت، انڈونیشیا، جاپان، ملائیشیا، پاکستان، سنگاپور ، تائیوان)

Document(s)

Thai : การประหารชีวิตที่อยุติธรรม ในภูมิภาคเอเชีย ยุติการพิจารณาคดีที่ไม่เป็นธรรม ยกเลิกการประหารชีวิต

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
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Document(s)

Korean : 아시아에서의 치명적 불의 불공정 재판을 멈춰라, 사형집행을 중단하라.

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenenenzh-hant
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아시아∙태평양 지역에서는 세계 나머지 모든 곳을 다 합친 것보다 더 많은 사람이 사형을 당한다. 게다가 불공정한 재판을 받고 사형당할 가능성까지 감안하면 사형이 얼마나 부당한 제도인지 명백히 드러난다. 공정한 재판을 받지 못한 채 사형이 집행된 후에는 이를 되돌이킬 방법이 전혀 없다.

Document(s)

Hindi : आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
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इस रिपोर्ट संकलन में मामलों की संख्या की समीक्षा की गई है जो स्पष्ट रूप से मौत की सजा को लागू करने के बहुत असली खतरों का प्रदर्शन. आठ मामले शीट (कवर चीन, भारत, इंडोनेशिया, जापान, मलेशिया, पाकिस्तान, सिंगापुर, ताइवान)

Document(s)

Thai : แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


NGO report

enenenenenenzh-hant
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ในรายงานฉบับนี้ มีการทบทวนคดีต่างๆ ที่เกิดขึ้นซึ่งสะท้อนให้เห็นอย่างชัดเจนถึงอันตรายร้ายแรงของการใช้โทษประหารชีวิต การตัดสินว่าใครจะถูกประหารและใครที่จะรอด มักไม่ แปดแผ่นกรณี (ครอบคลุมถึงจีน, อินเดีย, อินโดนีเซีย, ญี่ปุ่น, มาเลเซีย, ปากีสถาน, สิงคโปร์, ไต้หวัน)

Document(s)

Death Penalty in India: Annual Statistics Report 2020

By Project 39A, on 1 January 2020


2020

Academic report

India


More details See the document

The ‘Death Penalty in India: Annual Statistics’ attempts to create a comprehensive year-by-year documentation of movements in the death row population in India. The publication tracks important political and legal developments in the administration of the death penalty and the criminal justice system in the year 2020.

  • Document type Academic report
  • Countries list India

Document(s)

Death Penalty in India: Annual Statistics Report 2019

By NLU Delhi , on 1 January 2020


Academic report


More details See the document

The ‘Death Penalty in India: Annual Statistics’ attempts to create a comprehensive year-by-year documentation of movements in the death row population in India. The publication tracks important political and legal developments in the administration of the death penalty and the criminal justice system in the year 2019.

  • Document type Academic report
  • Themes list Death Penalty, Statistics,

Document(s)

Lethal Injustice in Asia: End unfair trials, stop executions

By Amnesty International / Anti-Death Penalty Asia Network, on 1 January 2011


2011

NGO report

enenenenenenenenzh-hant
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More people are executed in the Asia-Pacific region than in the rest of the world combined. Add to this the probability that they were executed following an unfair trial, and the gross injustice of this punishment becomes all too clear.

Document(s)

The Death Penalty in China: Towards the Rule of Law

By Nicola Macbean / Ashgate Publishing, on 1 January 2008


2008

Academic report


More details See the document

In the run up to the 2008 Olympics in Beijing, intemational criticism of China’s human rights record has highlighted the use of the death penalty. Although global activists may try to intemationalise China’s use ofthe death penalty, capital punishment is a domestic issue.

  • Document type Academic report
  • Themes list Public debate, Cruel, Inhuman and Degrading Treatment and Punishment, Country/Regional profiles,

Document(s)

Judging Innocence

By Brandon Garrett / Columbia School of Law, on 1 January 2008


Article

United States


More details See the document

This empirical study examines for the first time how the criminal system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing. The data collected tell the story of this unique group of exonerees, starting with their criminal trials, moving through levels of direct appeals and habeas corpus review, and ending with their eventual exonerations. Beginning with the trials of these exonerees, this study examines the leading types of evidence supporting their wrongful convictions, which were erroneous eyewitness identifications, forensic evidence, informant testimony, and false confessions. Yet our system of criminal appeals and postconviction review poorly addressed factual deficiencies in these trials. Few exonerees brought claims regarding those facts or claims alleging their innocence. For those who did, hardly any claims were granted by courts. Far from recognizing innocence, courts often denied relief by finding errors to be harmless.

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

Document(s)

Support for the Death Penalty in Developed Democracies: A Binational Comparative Case Study

By Kevin Buckler / Willian Reed Benedict / Ben Brown / International Criminal Justice Review, on 1 January 2010


2010

Article

Mexico


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To assess support for the death penalty in Mexico and South Korea, surveys were administered to students at institutions of higher education. The majority of respondents in Mexico (52.3%) and South Korea (60.8%) supported the death penalty. Given that the Mexican and South Korean governments have histories of using criminal justice agencies to suppress democratic reform, the high level of support for the death penalty indicates that a history of authoritarian governance may not inculcate widespread opposition to the punishment. Concomitantly, regression analyses of the data indicate that beliefs about the treatment afforded to criminal suspects do not significantly affect support for capital punishment. Contrary to research conducted in the United States, which has consistently shown support for capital punishment is lower among females than among males, regression analyses of the data show that gender has no impact on support for the death penalty; findings that call for a reexamination of the thesis that the gender gap in support for the death penalty in the United States is the result of a patriarchal social structure.

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

Document(s)

Annual Report on Human Rights 2009

By United Kingdom Foreign & Commonwealth Office, on 1 January 2010


Government body report


More details See the document

During 2009, we continued to strive for the global abolition of the death penalty. We made our opposition to it clear in our engagement with countries around the world, both bilaterally and in partnership with the EU. Bilaterally, we continue to fund work in the Caribbean, Africa, the Middle East and Eastern Asia from our Human Rights Strategic Programme Fund. This includes working with key NGO partners, such as the Death Penalty Project and the Centre for Capital Punishment Studies at Westminster University in London. We also continued to raise the death penalty directly with governments, including China, Jamaica and the US.

  • Document type Government body report
  • Themes list Trend Towards Abolition,

Document(s)

Lapan lembaran kes (meliputi China, India, Indonesia, Jepun, Malaysia, Pakistan, Singapura, Taiwan)

By Amnesty International / Anti-Death Penalty Asia Network, on 1 January 2011


2011

Academic report

enenenenenenzh-hant
More details See the document

Document(s)

Japan’s Secretive Death Penalty Policy: Contours, Origins, Justifications, and Meanings

By David T. Johnson / Asian-Pacific Law & Policy Journal, on 1 January 2006


2006

Article

Japan


More details See the document

The secrecy that surrounds capital punishment in Japan is taken to extremes not seen in other nations. This article describes the Japanese state’s policy of secrecy and explains how it developed in three historical stages: the “birth of secrecy” during the Meiji period (1867 – 1912); the creation and spread of “censored democracy” during the postwar Occupation (1945 – 1952); and the “acceleration of secrecy” during the decades that followed. The article then analyzes several justifications for secrecy that Japanese prosecutors provide. None seems cogent. The final section explores four meanings of the secrecy policy that relate to the sources of death penalty legitimacy, the salience of capital punishment, the nature of Japan’s democracy, and the role and rule of law in Japanese society.

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

Document(s)

Criminology: racial discrimination in the administration of the death penalty: the experience of the united states armed forces (1984–2005)

By David C. Baldus / Catherine M. Grosso / Northwestern University School of Law / Richard Newell, on 1 January 2012


2012

Article

United States


More details See the document

This Article presents evidence of racial discrimination in the administration of the death penalty in the United States Armed Forces from 1984 through 2005.

  • Document type Article
  • Countries list United States
  • Themes list Minorities, Country/Regional profiles,

Document(s)

UPR Pre-Session Statement on the Death Penalty in Iran

By Iran Human Rights (IHR) / World Coalition Against the Death Penalty, on 1 January 2014


2014

NGO report


More details See the document

This statement is delivered on behalf of the World Coalition against the Death Penalty (WCADP), Iran Human Rights (IHR), Abdorrahman Boroumand Foundation,The Advocates for Human Rights, an NGO with special consultative status, and Association for Human Rights in Kurdistan of Iran-Geneva.The statement addresses the following issues: (1) extensive use of the death penalty(official and unofficial figures); (2) the death penalty against juvenile offenders; (3) public executions; (4) the death penalty for murder or “qesas/retribution;” (5) the death penalty for drug-related charges, and; (6) the death penalty for other non-violent offenses.

  • Document type NGO report
  • Themes list Juveniles, Minorities, International law, Capital offences, Right to life, Drug Offences, Hanging, Stoning,

Document(s)

Annual report on the death penalty in Iran 2013

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2014


NGO report

fafr
More details See the document

The sixth annual report of Iran Human Rights (IHR) on the death penalty gives an assessment of how the death penalty was implemented in 2013 in the Islamic Republic of Iran.

Document(s)

WHEN THE FEDERAL DEATH PENALTY IS “CRUEL AND UNUSUAL”

By Michael J. Zydney Mannheimer / The University of Cincinnati Law Review, on 1 January 2006


2006

Article

United States


More details See the document

Recent changes to the way the U.S. Department of Justice decides whether to pursue capital charges have made it more likely that the federal death penalty will be sought in cases in which the criminal conduct occurred within States that do not authorize capital punishment for any crime. As a result, since 2002, five people have been sentenced to death in federal court for conduct that occurred in States that do not authorize the death penalty. This state of affairs is in serious tension with the Eighth Amendment’s proscription against “cruel and unusual punishments.”

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

Document(s)

Deadly Injustice. Visualizing Executions in Iran 2011-2015

By Iran Human Rights (IHR), on 1 January 2015


2015

NGO report


More details See the document

On the occasion of the 13th World Day Against the Death Penalty, Iran Human Rights in collaboration with “Small media” published an overview of the IHR’s annual reports from 2011-2014 along with the first half of 2015. This report shows that the average daily number of executions have increase from under two executions each day in 2011-2014 to three daily executions in 2013. The report also highlights some of the victims of the Iranian authorities deadly injustice.

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

Document(s)

The Proposed Innocence Protection Act Won’t—Unless It Also Curbs Mistaken Eyewitness Identifications

By Margery Malkin Koosed / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

This article contends that legislatures should adopt measures to assure greater reliability in the eyewitness testimony introduced in capital cases. Erroneous eyewitness identification is one of the most frequent causes of mistaken convictions and executions. Decades ago, the United States Supreme Court crafted due process and right to counsel constitutional doctrines to curb identification procedures that gratuitously enhanced the risk of mistake. While initial interpretations favored a greater judicial role in preventing such abuses, later rulings retreated. Present constitutional rules do not suffice due to the narrowness of their definition and the weakness of the remedial sanctions allotted. The proposed Innocence Protection Act and similar state legislation trust DNA testing to avert mistaken executions. But testing requires biological material that is often not available in capital prosecutions, and so DNA cannot detect all the innocents among those capitally prosecuted. To avert mistaken convictions and executions, legislative reforms need to go beyond DNA, and avert mistakes arising from erroneous eyewitness identifications. Studies show this is one of the most common sources of unjust conviction, and that suchmistakes may well be on the rise. Federal and state legislation should be adopted that provides a stronger curb on suggestive identification practices that gratuitously increase the risk of executing the innocent. The Recommendations for Lineups and Photospreads, developed by the American Psychology/Law Society (AP/LS) in 1998, are an appropriate starting point for legislatures (or state courts exercising their supervisory powers or interpreting state constitutional provisions). Adopting such guidelines will reduce the risk of error in capital cases, with little or no expense borne by the states. Further, to assure that these more reliable procedures will be used during capital case investigations and prosecutions, legislatures and courts should, minimally, adopt an exclusionary rule of the type first announced by the United States Supreme.

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

Document(s)

Ohio’s Death Penalty Statute: The Good, the Bad, and the Ugly

By Ohio State Law Journal / Kelly L. Culshaw, on 1 January 2002


Article

United States


More details See the document

As of November 2001, 203 men sit on Ohio’s death row. With the executions of Wilford Berry on February 19, 1999, Jay D. Scott on June 14, 2001, and John Byrd, Jr. on February 19, 2002, the death penalty in Ohio is a reality. The capital defense practitioner representing a client at trial or on appeal must be prepared to defend his or her client against that reality. To that end, this article examines the statutory framework within which capital cases are prosecuted with the express purpose of aiding defense practitioners and improving the quality of capital representation in Ohio. This article analyzes both the positive and negative aspects of Ohio’s death penalty statute. To meet its twin objects, practical advice and suggested litigation strategies are intermingled with critical analysis of the law in Ohio.

  • Document type Article
  • Countries list United States
  • Themes list Legal Representation,

Document(s)

Gendering the Death Penalty: Countering Sex Bias in a Masculine Sanctuary

By Victor L. Streib / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

American death penalty laws and procedures persistently minimize cases involving female capital offenders. Recognizing some benign explanations for this disparate impact, Professor Streib nonetheless sees the dearth of female death penalty trials, death sentences, and actual executions as signaling sex bias throughout the death penalty system. In this article, he provides data concerning death sentencing and execution patterns and then suggests both substantive and procedural means to address the apparent sex bias. Much more significant, however, is the unique lens for examining the death penalty that is provided by a sex bias analysis. Professor Streib concludes that this perspective unmasks the system’s crime-fighting rhetoric to reveal a macho refuge that masculinizes all who enter therein.

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

Document(s)

Should Abolitionists Support Legislative “Reform” of the Death Penalty?

By Carol S. Steiker / Jordan M. Steiker / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

We assessed the Court’s reformist project on its own terms, asking whether the Court achieved the goals explicit or tolerated, if not invited, the inequalities and capriciousness characteristic of the pre-Furman era. We also argued that, apart from its failure on its own terms, the Supreme Court’s reformist regulation of capital punishment might well have carried an additional unanticipated cost. Whereas abolitionists initially sought judicial regulation of the death penalty as at least a first step towards abolition, judicial reform actually may have helped to stabilize the death penalty as a social practice. We argued that the appearance of intensive regulation of state death penalty practices, notwithstanding its virtual absence, played a role in legitimizing the practice of capital punishment in the eyes of actors both within and outside the criminal justice system, and we pointed to some objective indicators—such as the dramatic decline in the use of executive clemency in the post-Furman era[12] —as support for this thesis. Implicit in Furman and the 1976 foundational cases. Our assessment was not a positive one. Although the reformist approach spawned an extraordinarily intricate and detailed capital punishment jurisprudence, the resulting doctrines were in practical terms largely unresponsive to the underlying concerns for fairness and heightened reliability that had first led to the constitutional regulation of the death penalty. We described contemporary capital punishment law as the worst of all possible worlds. Its sheer complexity led to numerous reversals of death sentences and thus imposed substantial costs on state criminal justice systems. On closer inspection, however, the complexity concealed the minimalist nature of the Court’s reforms.

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

Document(s)

The Death Penalty in Ohio: Fairness, Reliability, and Justice at Risk—A Report on Reforms in Ohio’s Use of the Death Penalty Since the 1997 Ohio State Bar Association Recommendations

By S. Adele Shank / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

The report as presented to the Ohio State Bar Association Council of Delegates in 1997,the OSBA’s recommendations and, where there have been changes in the law since that time, updates reflecting those changes. New information is noted at the conclusion of each section of the report immediately following the OSBA recommendation for that section.

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

Document(s)

The “New Abolitionism” and the Possibilities of Legislative Action: The New Hampshire Experience

By Sarat Austin / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

Recently, the work of the abolitionist community has shifted from the courts to the legislatures. In this article, Professor Sarat examines the significance of what he calls the “new abolitionism” in the politics of legislation aimed at changing or ending the death penalty. The author describes the new abolitionism in detail and then examines its role in the May 2000 vote of the New Hampshire State Legislature to repeal the death penalty. The author concludes that the focus of the new abolitionism on the practical liabilities of our system of capital punishment makes it possible for legislators to oppose the death penalty whilepresenting themselves as guardians of widely shared values and the integrity and fairness of our legal institutions.

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

Document(s)

Opting for Real Death Penalty Reform

By James S. Liebman / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

The capital punishment system in the United States is broken. Studies reveal growing delays nationwide between death sentences and executions and inexcusably high rates of reversals and retrials of capital verdicts. The current system persistently malfunctions because it rewards trial actors, such as police, prosecutors, and trial judges, for imposing death sentences, but it does not force them either to avoid making mistakes or to bear the cost of mistakes that are made during the process. Nor is there any adversarial discipline imposed at the trial level because capital defendants usually receive appointed counsel who either do not have experience trying capital cases or who receive inadequate resources from the State to pay litigation expenses. Instead, the appellate system is forced to deal with large amounts of error, creating backlog and delays. This article proposes a radical trade-off for capital defendants in which they agree to give up existing post-conviction review rights in return for a real assurance of better qualified, higher quality trial counsel. This proposal will avoid the traps of window dressing reforms, save states a good bit of the expense of appellate review, and make the capital punishment system more fair, efficient, and effective.

  • Document type Article
  • Countries list United States
  • Themes list Legal Representation,

Document(s)

When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What It Says About Us

By Deborah W. Denno / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

This article discusses the paradoxical motivations and problems behind legislative changes from one method of execution to the next, and particularly moves from electrocution to lethal injection. Legislatures and courts insist that the primary reason states switch execution methods is to ensure greater humaneness for death row inmates. History shows, however, that such moves were prompted primarily because the death penalty itself became constitutionally jeopardized due to a state’s particular method. The result has been a warped legal “philosophy” of punishment, at times peculiarly aligning both friends and foes of the death penalty alike and wrongly enabling legislatures to delegate death to unknowledgeable prison personnel. This article first examines the constitutionality of electrocution, contending that a modern Eighth Amendment analysis of a range of factors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstrating that injection also involves unnecessary pain, the risk of such pain, and a loss of dignity. These failures seem to be attributed to vague lethal injection statutes, uninformed prison personnel, and skeletal or inaccurate lethal injection protocols. The article next presents the author’s study of the most current protocols for lethal injection in all thirty-six states where anesthesia is used for a state execution. The study focuses on a number of criteria contained in many protocols that are key to applying an injection, including: the types and amounts of chemicals that are injected; the selection, training, preparation, and qualifications of the lethal injection team; the involvement of medical personnel; the presence of general witnesses and media witnesses; as well as details on how the procedure is conducted and how much of it witnesses can see. The study emphasizes that the criteria in many protocols are far too vague to assess adequately. When the protocols do offer details, such as the amount and type of chemicals that executioners inject, they oftentimes reveal striking errors and ignorance about the procedure. Suchinaccurate or missing information heightens the likelihood that a lethal injection will be botched and suggests that states are not capable of executing an inmate constitutionally. Even though executions have become increasingly hidden from the public, and therefore more politically palatable, they have not become more humane, only more difficult to monitor.

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

Document(s)

Addressing Capital Punishment Through Statutory Reform

By Douglas A. Berman / Ohio State Law Journal, on 1 January 2002


Article

United States


More details See the document

State legislatures principally have been responsible for the acceptance and evolution (and even sometimes the abandonment) of capital punishment in the American criminal justice system from the colonial and founding eras, through the nineteenth and twentieth centuries, and now into the twenty-first century. A number of colonial legislative enactments, though influenced by England’s embrace of the punishment of death, uniquely defined and often significantly confined which crimes were to be subject to capital punishment.[1] State legislatures further narrowed the reach of the death penalty through the early nineteenth century as states, prodded often by vocal abolitionists and led by developments in Pennsylvania, divided the offense of murder into degrees and provided that only the most aggravated murderers would be subject to the punishment of death. The late nineteenth and early twentieth centuries also saw states, as the product of legislative enactments, move away from mandating death as the punishment for certain crimes by giving juries discretion to choose which defendants would be sentenced to die. Throughout all these periods, statutory enactments have also played a fundamental role in the evolution of where and how executions are carried out.

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

Document(s)

Capital Punishment and American Exceptionalism

By Carol S. Steiker / Duke Law School, on 1 January 2002


Article

United States


More details See the document

At the same time, the countries that most vigorously employ the death penalty are generally ones that the United States has the least in common with politically, economically, or socially, and ones that the United States is wont to define itself against, as they are among the least democratic and the worst human rights abusers in the world. In recent years, the top five employers of capital punishment were China, the Democratic Republic of Congo, Iran, Saudi Arabia and the United States.3 Moreover, in the past twelve years, only seven countries in the world are known to have executed prisoners who were under 18 years old at the time of their crimes: the Democratic Republic of Congo, Iran, Nigeria, Pakistan, Saudi Arabia, Yemen and the United States.

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

Document(s)

The Prejudicial Nature of Victim Impact Statements: Implications for Capital Sentencing Policy

By Edith Greene / Bryan Myers / Psychology, Public Policy and Law, on 1 January 2004


2004

Article

United States


More details See the document

Victim impact evidence is presented during sentencing hearings to convey the harm experienced by victims and victims’ relatives as a result of a crime. Its use in capital cases is highly controversial. Some argue that the Supreme Court’s decision to allow the admission of victim impact statements (VIS) during capital sentencing proceedings (Payne v. Tennessee, 1991) invites prejudice and judgments based on emotion rather than reason. Others reason that it provides an important voice for survivors and affords the jury an opportunity to learn about the victim. The authors outline the chief psychological issues that arise in the context of VIS, including their relevance to jurors’ judgments of blameworthiness, concerns that the social worth of the victim will influence jurors’ sentencing decisions, and issues related to the emotional appeal of VIS. Psycholegal research on the influence of VIS on mock jurors is reviewed, and implications of this work for capital sentencing policy and suggested directions for future research are discussed.

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

Document(s)

The Problem of False Confessions in the Post – DNA World

By Steven A. Drizen / Richard A. Leo / North Carolina Law Review 82(3), 894-1009, on 1 January 2004


Article

United States


More details See the document

In recent years, numerous individuals who confessed to and were convicted of serious felony crimes have been released from prison— some after many years of incarceration—and declared factually innocent, often as a result of DNA tests that were not possible at the time of arrest, prosecution, and conviction. DNA testing has also exonerated numerous individuals who confessed to serious crimes before their cases went to trial. Numerous others have been released from prison and declared factually innocent in cases that did not involve DNA tests, but instead may have occurred because authorities discovered that the crime never occurred or that it was physically impossible for the (wrongly) convicted defendant to have committed the crime, or because the true perpetrator of the crime was identified, apprehended, and convicted. In this Article, we analyze 125 recent cases of proven interrogation-induced false confessions (i.e., cases in which indisputably innocent individuals confessed to crimes they did not commit) and how these cases were treated by officials in the criminal justice system.This Article has three goals. First, we provide and analyze basic demographic, legal, and case-specific descriptive data from these 125 cases. This is significant because this is the largest cohort of interrogation-induced false confession cases ever identified and studied in the research literature. Second, we analyze the role that (false) confession evidence played in these cases and how the defendants in these cases were treated by the criminal justice system. In particular, this Article focuses on how criminal justice officials and triers-of-fact respond to confession evidence, whether it biases their evaluations and overwhelms other evidence (particularly evidence of innocence), and how likely false confessions are to lead to the wrongful arrest, prosecution, conviction, and incarceration of the innocent. Analysis of the aforementioned questions leads to the conclusion that the problem of interrogationinduced false confession in the American criminal justice system is far more significant than previously supposed. Furthermore, the problem of interrogation-induced false confessions has profound implications for the study of miscarriages of justice as well as the proper administration of justice. Third, and finally, this Article suggests that several promising policy reforms, particularly mandatory electronic recording of police interrogations, will minimize the number of false confessions and thereby inject a much needed dose of justice into the American criminal justice system.

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

Document(s)

Appointed but (Nearly) Prevented From Serving: My Experiences as a Grand Jury Foreperson

By Phyllis L. Crocker / Ohio State Journal of Criminal Law, on 1 January 2004


Article

United States


More details See the document

I begin this essay with basic information about grand juries, then tell what happened to our grand jury, and conclude by reflecting on what I learned from this experience. My theme is the tension between the grand jury’s independence and the prosecutor’s desire to control it. The lesson I learned, intellectually and emotionally, is the depth and tenacity of the prosecutor’s assumption that he does control, and has the right to control, the grand jury process. I also learned some lessons about being a client, and believing in oneself and one’s principles.

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

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 / Douwe Korff / Directorate General of Human Rights, on 1 January 2006


2006

Working with...


More details See the document

This Handbook deals with the right to life, as guaranteed byArticle 2 of the European Convention on Human Rights, and with the case-law of the European Court of Human Rights under that article.

  • Document type Working with...
  • Themes list International law,

Document(s)

A year-end compilation of death penalty data for the state of Missouri : Annual Report 2015

By Missourians for Alternatives to the Death Penalty, on 1 January 2015


2015

NGO report


More details See the document

MADP released its annual report which highlights some of the major problems with Missouri’s broken death penalty system. Here is a snapshot of the death penalty in Missouri in 2015: 6 executions in 2015 but no new death sentences in Missouri in 2015.

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

Document(s)

Bringing Reliability Back In: False Confessions and Legal Safeguards in the 21st Century

By Steven A. Drizen / Bradley R. Hall / Peter J. Neufeld / Richard A. Leo / Wisconsin Law Review / Amy Vatner, on 1 January 2006


2006

Article

United States


More details See the document

In this Article, we point out the failures of the legal tests governing admissibility of confessions, tracing the historical development of these flawed standards. We propose a new standard that we believe reinvigorates the largely forgotten purpose of the rules—reliability of confession evidence—in part by requiring the electronic recording of custodial interrogations.

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

Document(s)

Report No. 262. The Death Penalty

By The Law Commission of India, on 1 January 2015


2015

Government body report


More details See the document

The Law Commission of India examines the status of the death penalty in the country. Even if Report No. 262 still considers appropriate to maintain the death penalty for terrorism related crimes, it marks an historic shift insofar it recommends India to move towards the abolition of the death penalty. The Law Commission thinks that abolitionism does not constitute a risky experiment anymore, since the Indian socio-economic and cultural environment has greatly changed.

  • Document type Government body report
  • Themes list Trend Towards Abolition, Most Serious Crimes, Death Penalty,

Document(s)

Annual report on the death penalty in Iran 2015

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2016


2016

NGO report

fa
More details See the document

The 8th annual report of Iran Human Rights (IHR) on the death penalty provides an in-depth assessment of how the capital punishment was implemented in 2015 in the Islamic Republic of Iran.
In addition to providing the number of executions that were conducted, the report also looks at the trends compared to previous years, the methods of execution, geographical distribution, the charges that were used by authorities to justify the executions and the articles in the penal law that were used to issue the death sentences.

Document(s)

Death Penalty in India: 2018 Annual Statistics Report

By Project 39A, on 1 January 2019


2019

NGO report


More details See the document

The number of death sentences reached a new peak in 2018 in India.

  • Document type NGO report
  • Themes list Public debate, Death Penalty, Statistics,

Document(s)

Annual Report on the Death Penalty in Iran 2018

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2019


NGO report


More details See the document

This report provides an assessment and analysis of death penalty trends in 2018 in the Is-lamic Republic of Iran. It sets out the number of executions in 2018, the trend compared to previous years, the legislative framework and procedures, charges, geographic distribution and a monthly breakdown of executions.

  • Document type NGO report
  • Themes list World Coalition Against the Death Penalty, Death Penalty, Country/Regional profiles,

Document(s)

Mass Injustice: Statistical Findings on the Death Penalty in Egypt

By Reprieve, on 1 January 2019


NGO report


More details See the document

This report, Mass Injustice, presents the Egypt Death Penalty Index (“the Index”), a first-of-its-kind website and statisticaldatabase on Egypt’s application of thedeath penalty. The report provides background information on Egypt’s growing unlawful application of the death penalty, and explains how the Index was compiled.

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

Document(s)

Death Penalty Sentencing in Trial Courts: Delhi, Madhya Pradesh and Maharashtra (2000-2015)

By Project 39A, on 1 January 2019


Academic report


More details See the document

Compiled by Project 39A from the National University Law in Delhi, India and based on numerous figures and statistics, this report attempts to understand how death sentencing is practised among the district and sessions courts in India.

  • Document type Academic report
  • Themes list Death Penalty,

Document(s)

Annual Report On The Death Penalty In Iran 2017

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2018


2018

NGO report

fr
More details See the document

The 10th annual report on the death penalty by Iran Human Rights (IHR) provides an assessment and analysis of the death penalty trends in 2017 in the Islamic Republic of Iran.The report sets out the number of executions in 2017, the trend compared to previous years, charges, geographic distribution and a monthly breakdown of executions.

Document(s)

Capital Punishment in Pennsylvania: The Report of the Task Force and Advisory Committee

By Joint State Government Commission, on 1 January 2018


Government body report


More details See the document

Senate Resolution No.6 in 2011 called for a study of the contemporary capital punishment system in the Commonwealth. Pennsylvania is among the 31 states and the federal government that authorize capital punishment. During the last four decades in Pennsylvania, hundreds of murderers have been convicted and condemned to death; however, there have been only three executions.This study follows others on the same or related topics, including those conducted by the American Bar Association and the Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System. The SR6 report is the culmination of work done by the Justice Center for Research at The Pennsylvania State University, the Interbranch Commission on Gender, Racial and Ethnic Fairness, and an advisory committee comprised of judges, public defenders, district attorneys, victim advocates, inmate advocates, clergy, law enforcement officials, and other expert stakeholders.

  • Document type Government body report
  • Themes list Death Penalty, Statistics,

Document(s)

Death sentences and executions in 2016

By Amnesty International, on 1 January 2017


2017

NGO report

fres
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2016. As in previous years, information is collected from a variety of sources, including: official figures; information from individuals sentenced to death and their families and representatives; reporting by other civil society organizations; and media reports. Amnesty International reports only on executions, death sentences and other aspects of the use of the death penalty, such as commutations and exonerations, where there is reasonable confirmation.

Document(s)

Designed to break you: Human Rights Violations in Texas’ Death Row

By The Human Rights Clinic at the University of Texas School of Law, on 1 January 2017


Academic report


More details See the document

The State of Texas stands today as one of the most extensive utilizers of the death penalty worldwide. Consequently, inmate living conditions on Texas’ death row are ripe for review. This report demonstrates that the mandatory conditions implemented for death row inmates by the Texas Department of Criminal Justice(TDCJ) are harsh and inhumane. Particular conditions of relevance include mandatory solitary confinement, a total ban on contact visits with both attorneys and friends and family, substandard physical and psychological health care, and a lack of access to sufficient religious services.

  • Document type Academic report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Conditions, Death Row Phenomenon, Death Penalty, Country/Regional profiles,

Document(s)

Annual report on the death penalty in Iran 2014

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2015


2015

NGO report


More details See the document

The seventh annual report of Iran Human Rights (IHR) on the death penalty gives an assessmentof how the death penalty was implemented in 2014 in the Islamic Republic of Iran.In addition to providing the number of executions that were conducted, the report alsolooks at the trends compared to previous years, the methods of execution, geographicaldistribution, the charges that were used by authorities to justify the executions and thearticles in the penal law that were used to issue the death sentences. Lists of the womenand juvenile offenders executed in 2014 are also included.

  • Document type NGO report
  • Themes list Juveniles, Minorities, Religion , Due Process , Fair Trial, International law, Capital offences, Drug Offences, Hanging, Statistics,

Document(s)

In Defense of the Right to Life: International Law and Death Penalty in the Philippines

By Commission on Human Rights of the Philippines , on 1 January 2017


2017

Academic report


More details See the document

This study is a joint collaboration between international law expert Dr Christopher Ward SC, Senior Counsel of the New South Wales Bar and Adjunct Professor of the Australian National University, and the Commission on Human Rights of the Philippines.

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

Document(s)

Japanese : 八ケースシート(カバー中国、インド、インドネシア、日本、マレーシア、パキスタン、シンガポール、台湾)

By Amnesty International / Anti-Death Penalty Asia Network, on 8 September 2020


2020

NGO report

enenenenenenzh-hant
More details See the document

Document(s)

Final Declaration 6th World Congress Against the Death Penalty

By Ensemble contre la peine de mort (ECPM), on 1 January 2016


2016

Multimedia content

fr
More details See the document

The participants to the 6th World Congress against the death penalty have handed over their final declaration, calling again for the universal abolition of the death penalty.

Document(s)

UPR death penalty stakeholder report template

By The Advocates for Human Rights, on 1 January 2015


2015

Working with...


More details See the document

Template for civil society submissions to the Universal Periodic Review of human rights organised by the United Nations.

  • Document type Working with...
  • Themes list International law,

Document(s)

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

By Death Penalty Information Center, on 1 January 2014


2014

NGO report


More details See the document

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

  • Document type NGO report
  • Themes list Networks,

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By United Nations , on 26 May 2021


2021

United Nations report

aresfrruzh-hant
More details See the document

Summary

In its resolution 1745 (LIV) of 16 May 1973, the Economic and Social Council invited the Secretary-General to submit to it, at five-year intervals starting from 1975, periodic updated and analytical reports on capital punishment. The Council, in its resolution 1995/57 of 28 July 1995, recommended that the quinquennial reports of the Secretary-General continue to cover also the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty.

In the same resolution, the Council requested the Secretary-General, in preparing the quinquennial report, to draw on all available data, including current criminological research. The present report, which is the tenth quinquennial report, contains a review of the use of and trends in capital punishment, including the implementa tion of the safeguards during the period 2014–2018.

In accordance with resolutions 1745 (LIV) and 1990/51, of 24 July 1990, of the Economic and Social Council, as well as its decision 2005/247 of 22 July 2005, the present report is submitted to the Council at its substantive session of 2020, and will also be before the Commission on Crime Prevention and Criminal Justice at its twenty-ninth session and the Human Rights Council at its forty-fourth regular session.

The report on the 2014–2018 quinquennium confirms the trend documented in previous reports towards abolition and restriction of the use of capital punishment in most countries. The number of States that have abolished the death penalty in law and in practice continued to grow. This is reflected in the increased number of States bound by treaty obligations not to implement the death penalty. The quinquennium also witnessed some years of dramatic increases in the number of executions, which were carried out by a small number of States. The situation stabilized at the end of the survey period, and the number of recorded executions in the final year, 2018, was the lowest in many years. The safeguards guaranteeing the protection of the rights of those facing the death penalty apply to States that retain capital punishment. It is of concern, however, that the death penalty continued to be imposed on persons below 18 years of age at the time of commission of the offence, and that death sentences were imposed in cases where the “most serious crimes” standard was not met and in cases of trials that did not comply with international standards.

Document(s)

Resolution 73/175 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 14 October 2020


2020

International law - United Nations

aresfrruzh-hant
More details See the document

United Nations General Assembly Resolution adopted by the General Assembly on 17 December 2018 [on the report of the Third Committee (A/73/589/Add.2) 73/175. Moratorium on the use of the death penalty.

Document(s)

Race and Age Characteristics of those Sentenced to Death before and after Roper

By Frank R. Baumgartner, on 29 August 2022


2022

Academic report

fr
More details Download [ pdf - 111 Ko ]

“The penalty of death is more likely to be imposed on individuals who suffer from various disadvantages: poverty, poor lawyers, mental illness, intellectual deficits, for example. It also is more common among those with white victims compared to minority victims, those who commit crimes in jurisdictions that have previously sentenced more individuals to death, and those who committed their crimes in the 1980s or 1990s as compared to more recent years (see Baumgartner et al. 2018 for details). In this short report I focus on two particular disadvantages: age and minority status.” – Frank R. Baumgartner

Link to the article: https://deathpenaltyinfo.org/news/report-racial-disparities-in-death-sentences-imposed-on-late-adolescent-offenders-have-grown-since-supreme-court-ruling-banning-juvenile-death-penalty

  • Document type Academic report
  • Available languages

Document(s)

Trapped Inside: Mental Illness & Incarceration

on 25 March 2022


2022

NGO report

Mental Illness

Pakistan


More details See the document

Pakistan’s criminal justice system fails to provide meaningful protection to persons suffering from mental illness at all stages of arrest, trial, sentencing and detention. Under Pakistani law, a person of unsound mind is unable to form criminal intent and therefore is not subject to punishment. Despite this, a disproportionate number of mentally ill prisoners are currently in Pakistan’s jails and on death row.

In light of the above, JPP, in collaboration with Monash University Australia, is launching a report titled “Trapped Inside: Mental Illness & Incarceration”, a comprehensive review of Pakistani law and practice with regards to mentally ill prisoners and defendants. This report seeks to help relevant stakeholders to better understand and respond appropriately to the mental health needs of individuals across the criminal justice system. It focuses on the steps stakeholders can take to promote and protect mental health and well-being of individuals at each stage. The report also explores last year’s landmark ‘Safia Bano’ judgement by Pakistan’s Supreme Court, which commuted the death sentences of two mentally ill death row prisoners, banned the execution of prisoners with psycho-social disabilities and set key safeguards for the same.

  • Document type NGO report
  • Countries list Pakistan
  • Themes list Mental Illness

Document(s)

Note verbale dated 13 September 2019 from the Permanent Representative of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 15 October 2020


2020

United Nations report

Bahrain

Bangladesh

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Ethiopia

Grenada

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Libya

Moratorium

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Sudan

Syrian Arab Republic

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The Permanent Missions to the United Nations inNew York listed below have the honour to refer to General Assembly resolution 73/175, entitled “Moratorium on the use of the death penalty”, which was adopted by the Assembly on 17 December 2018 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

From Lynch Mobs to the Killing State : Race and the Death Penalty in America

By Austin Sarat and Charles J. Ogletree, Jr., on 24 August 2023


2023

Book

United States


More details See the document

Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country’s history of punishment.

In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essays approach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment.

From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.

  • Document type Book
  • Countries list United States

Document(s)

Resolution 75/183 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 12 January 2021


2021

International law - United Nations

Moratorium

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United Nations General Assembly Resolution adopted by the General Assembly on 16 December 2020 [on the report of the Third Committee (A/75/478/Add.2, para. 89) 75/183. Moratorium on the use of the death penalty.

Document(s)

General Comment No 36 – Article 6: right to life

By Human Rights Committee, on 8 September 2020


2020

United Nations report

enrufreszh-hant
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Tis general comment replaces general comments No. 6, adopted by the Committee at its sixteenth session (1982), and No. 14, adopted by the Committee at its twenty-third session (1984)

Document(s)

Investigating Attitudes to the Death Penalty in Indonesia, Part Two – Public Opinion: No Barrier to Abolition

By Carolyn Hoyle - The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, on 28 June 2021


2021

NGO report

Drug Offenses

Indonesia

Public Opinion 


More details See the document

In 2019-20, The Death Penalty Project, in partnership with LBH Masyarakat and the University of Indonesia, commissioned Professor Carolyn Hoyle, of The Death Penalty Research Unit at the University of Oxford to conduct research investigating attitudes towards the death penalty in Indonesia. The findings have been presented in a two-part report; the first details the findings of a nuanced public survey and the second details the findings of interviews conducted with opinion formers. The public opinion research was undertaken by surveying a stratified random sample of 1,515 respondents – a sample large enough to make inferences from the data about the views of the overall population.

  • Document type NGO report
  • Countries list Indonesia
  • Themes list Drug Offenses / Public Opinion 

Document(s)

Death Penalty in Pakistan

By Justice Project Pakistan, on 10 October 2022


2022

NGO report

Pakistan


More details See the document

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

Document(s)

Moratoria del uso de la pena de muerte. Informe del Secretario General (2020)

By Secretario General de las Naciones Unidas, on 11 December 2020


2020

Informe de las Naciones Unidas


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  • Document type Informe de las Naciones Unidas

Document(s)

International Law and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report


More details See the document

The use of capital punishment has been an issue addressed by international human rights law since the earliest days of the United Nations. The Universal Declaration of Human Rights, adopted by the General Assembly in 1948, and an instrument widely recognised as the gold standard for human rights, affirms the right to life and the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The Death Penalty Project produced this resource on international law and the death penalty.

  • Document type NGO report

Document(s)

Living with a Death Sentence in Kenya: Prisoners’ Experiences of Crime, Punishment and Death Row

By Carolyn Hoyle and Lucrezia Rizzelli, on 24 January 2023


2023

Book

Kenya


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The Death Penalty Project’s latest report provides a comprehensive analysis of the lives of prisoners on death row in Kenya. It focuses on prisoners’ socio-economic backgrounds and profiles, their pathways to, and motivation for, offending, as well as their experiences of the criminal justice process and of imprisonment. It complements our previous research, a two-part study of attitudes towards the death penalty in Kenya, The Death Penalty in Kenya: A Punishment that has Died Out in Practice.
While 120 countries around the world have now abolished the death penalty, including 25 in Africa, Kenya is one of 22 African nations that continues to retain the death penalty in law, albeit it has not carried out any executions for more than three decades. As such, Kenya is classified as ‘abolitionist de facto’, the United Nations term for a country that has not carried out an execution for at least 10 years. Yet, while state-sanctioned executions no longer occur, hundreds of people are currently living under sentence of death and others are convicted and sentenced to death each year. As long as the death penalty is retained in law, there remains a risk that executions might resume if there is political change. Moreover, the plight and turmoil of those languishing on death row – consistently the poorest and most vulnerable – cannot be ignored. They are disproportionately sentenced to death and suffer the harshest punishments and treatment.

  • Document type Book
  • Countries list Kenya

Document(s)

ICDP Launches How States abolish the Death Penalty: A Supplement of Case-Studies

By International Commission against the Death Penalty, on 17 November 2022


2022

NGO report


More details See the document

An increasing number of countries have recognized that state killing undermines human dignity and respect for human rights, such as the discriminatory use of the death penalty, the use of forced confession that increases the possibility of executing an innocent person, and the lack of deterrence effect of capital punishment. This move towards abolition of the death penalty is being witnessed in all regions of the world regardless of political system, religion, culture or tradition. As of today, at least 110 countries have abolished the death penalty for all crimes, while at least eight countries have abolished for ordinary crimes, while less than 20 countries have reportedly
carried out executions in 2021.
This publication is a supplement to the ICDP´s 2018 work on “How States Abolish the Death Penalty: 29 Case Studies.”

  • Document type NGO report

Document(s)

Мораторий на применение смертной казни. Доклад Генерального секретаря

By Генеральный секретарь ООН, on 11 December 2020


2020

Доклад Организации Объединенных Наций


More details See the document
  • Document type Доклад Организации Объединенных Наций

Document(s)

Wrongful Convictions and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report

Fair Trial


More details See the document

One of the most compelling forces behind the evolution of international attitudes towards capital punishment in recent decades has been the increasing recognition of the potential for error in its use – that those states that choose to retain the practice may be taking the lives of innocent individuals. The Death Penalty Project produced this resource on wrongful convictions and the death penalty.

  • Document type NGO report
  • Themes list Fair Trial

Document(s)

Moratoire sur l’application de la peine de mort. Rapport du Secrétaire général

By Secrétaire général des Nations Unies, on 11 December 2020


2020

Rapport des Nations Unies


More details See the document
  • Document type Rapport des Nations Unies

Document(s)

Deterrence and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report

Public Opinion 


More details See the document

The most common justification for the retention of the death penalty among the minority of states that continue to sentence to death and execute individuals who are found guilty of committing certain serious offences is a belief that this punishment has a unique deterrent effect. The Death Penalty Project produced this resource on deterrence and the death penalty.

  • Document type NGO report
  • Themes list Public Opinion 

Document(s)

Public Opinion and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


NGO report

Public Opinion 


More details See the document

When faced with calls to join the majority of states worldwide that have now abolished capital punishment, a key justification, typically relied upon by retentionist states, is that their citizens are not yet ready for abolition, and that political leaders must represent ‘the will of the people.’ The Death Penalty Project produced this resource on public opinion and the death penalty.

  • Document type NGO report
  • Themes list Public Opinion 

Document(s)

United Nations General Assembly – Resolutions of the 77th Session

By United Nations, on 15 December 2022


2022

United Nations report

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This report provided by the United Nations General Assembly presents the resolutions of the 77th session. It includes reports on the moratorium on the use of the death penalty (A/77/463/Add.2 DR XII) which was adopted on the 15th of December 2022 with a vote (125-37-22) (A/77/PV.54) under item 68(b). Guided by the purposes and principles contained in the Charter of the United Nations, it reaffirms the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child and recalls the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

Document(s)

The Death Penalty in 2014 : Year End Report

By Death Penalty Information Center, on 1 January 2014


2014

NGO report


More details See the document

On December 18, DPIC released its annual report on the latest developments in capital punishment, “The Death Penalty in 2014: Year End Report.” In 2014, 35 people were executed, the fewest in 20 years. Death sentences dropped to their lowest level in the modern era of the death penalty, with 72 people sentenced to death, the smallest number in 40 years. Just seven states carried out executions, and three states (Texas, Missouri, and Florida) accounted for 80% of the executions. The number of states carrying out executions was the lowest in 25 years. Seven people were exonerated from death row this year, including three men in Ohio, who were cleared of all charges 39 years after their convictions, the longest time among all death row exonerees. There have now been 150 people exonerated from death row since 1973. “The relevancy of the death penalty in our criminal justice system is seriously in question when 43 out of our 50 states do not apply the ultimate sanction,” said Richard Dieter, DPIC’s Executive Director and the author of the report. “The U.S. will likely continue with some executions in the years ahead, but the rationale for such sporadic use is far from clear.”

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

Document(s)

A/HRC/42/28 – Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By Human Rights Council, on 8 September 2020


2020

United Nations report

rufrzh-hantar
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The present report is submitted pursuant to resolution 36/17,of the Human Rights Council. The report examines the consequences arising at various stages of the imposition and application of the death penalty on the enjoyment of the human rights of persons facing the death penalty and other affected persons. It pays specific attention to the impact of the resumption of the use of the death penalty on human rights

Document(s)

Who Are We Hanging?

on 1 January 2019


2019

NGO report


More details See the document

The index, created by Justic Project Pakistan, gives statistical information on the use of the death penalty in Pakistan.

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

Document(s)

High-level Panel Discussion on the Question of the Death Penalty

By Human Rights Council, on 1 January 2019


International law - United Nations


More details See the document

The present report is submitted pursuant to Human Rights Council resolution 30/5. It provides a summary of the high-level discussion on the question of the death penalty held on 1 March 2017 at the thirty-fourth session of the Council. The objective of the panel discussion was to continue the exchange of views on the question of the death penalty and to address violations related to the use of the death penalty, in particular with respect to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.

  • Document type International law - United Nations
  • Themes list International law, Death Penalty, Country/Regional profiles,

Document(s)

High-Level Panel Discussion On The Question Of The Death Penalty

By Office of the High Commissioner for Human Rights (OHCHR) / Human Rights Council, on 1 January 2019


International law - United Nations

arrufrzh-hantes
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The present report is submitted pursuant to Human Rights Council resolutions 26/2 and 36/17. It provides a summary of the high-level panel discussion on the question of the death penalty held on 26 February 2019 at the fortieth session of the Council. The panel discussion addressed human rights violations related to the use of the death penalty, in particular with respect to the rights to non-discrimination and equality.

Document(s)

Individual Statement of Commissioner Renny Cushing

By Death Penalty Information Center, on 1 January 2010


2010

Working with...


More details See the document

Individual Statement of Commissioner Renny Cushing

  • Document type Working with...
  • Themes list Murder Victims' Families, Death Penalty, Country/Regional profiles,

Document(s)

The Death Penalty in 2019: Year End Report

By Death Penalty Information Center, on 1 January 2019


2019

NGO report


More details See the document

The US death penalty usage remains near record lows in 2019.

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