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Document(s)

False Confessions and Recording of Custodial Interrogations

By The Innocence Project, on 8 September 2020


2020

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es
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Many of the nation’s 249 wrongful convictions overturned by DNA evidence involved some form of a false confession. Yet it’s virtually impossible to fathom wh a person would wrongly confess to a crime he or she did not commit. The causes behind false confessions is explored in this text.

Document(s)

Investigating Forensic Problems in the United States: How the Federal Government Can Strengthen Oversight Through the Coverdell Grant Program

By Benjamin N. Cardozo / The Innocence Project, on 8 September 2020


Working with...


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The report describes the federal forensic oversight program; outlines the problems that have plagued the program since its inception (with specific examples): Explains the consequences of the federal government’s inadequate administration of the program; shows how forensic negligence and misconduct lead to wrongful convictions; and gives specific recommendations for what the federal government, states and individuals can do to strengthen forensic oversight.

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

Document(s)

Facts Law Enforcement Should Know About the Death Penalty

By Death Penalty Focus, on 8 September 2020


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A leaflet detailing the facts that law enforcement should be aware of; how the system prolongs suffering of the victim’s family, mistakes that have been made, the uneven application of the death penalty – these amongst other topics are explored to inform law enforcement about the facts of the death penalty.

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

Document(s)

Screening questionnaire for DNA Grant Cases

By Arizona Justice Project, on 8 September 2020


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The Arizona Justice Project will use this questionnaire to decide whether your case qualifies for assistance under the DNA testing grant, provided by the National Institute of Justice.

Document(s)

Overview of the Capital Trial Process

By Capital Punishment in Context, on 8 September 2020


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This document briefly goes through the steps involved in a death penalty case, from the point of arrest to judge sentences.

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

Document(s)

Clemency Procedures in Death Penalty States

By Capital Punishment in Context, on 8 September 2020


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This file is relevant to the US, giving a list of states where governors can grant clemency, where the governor must have recommendations of clemency and where governors recieve a non-binding recommendation of clemency.

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

Document(s)

Death Qualification

By Capital Punishment in Context, on 8 September 2020


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This document describes who is elgible for Death Qualification, Jury Selection, and what death qualification entails.

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

Document(s)

Death Penalty Laws in states

By Capital Punishment in Context, on 8 September 2020


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This document provides state by state information in the United States regarding laws that govern the death penalty.

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

Document(s)

Petition for DNA Testing

By Arizona Justice Project, on 8 September 2020


Working with...


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This is a document which can be used for those petitioning to have DNA evidence re-examined. Specific to Arizona but can be used as a guide in other jurisdictions.

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

Document(s)

Japanese : 死刑民主主義国家にあるまじき行為

By International Federation for Human Rights (FIDH) / Sharon Hom / Etienne Jaudel / Richard Wild, on 8 September 2020


NGO report

Japan

enfr
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廃止推進団体の努力にもかかわらず、世論には、死刑制度の継続を支持する強い傾向があることは確かです。死刑適用の実状を政府が隠し、これまでよかったといわれた治安が徐々に悪化していることもあり、この時機に政府が、国民に不人気な決断をすることはないでしょう。欧州評議会をはじめとする、国際組織からの圧力に対して、政府は「内政に対する許しがたい干渉」ときめつけています。保守派が与党の政府において、廃止に向けての議論が政治決定となる気配はありません。 日本のすべての弁護士が加盟する日弁連は、廃止法案提案でコンセンサスに至らなかったという事実が、現時点で死刑がなくなる可能性が少ないことを雄弁に物語っています。

Document(s)

Myth #2 – The death penalty reduces crime

By Reprieve / Clive Stafford Smith , on 8 September 2020


Academic report


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MYTH: The death penalty acts as a deterrent to potential criminals. FACT: The death penalty does not deter crime. It stimulates it.

  • Document type Academic report
  • Themes list Deterrence ,

Document(s)

Polish : Czym jest ODIHR?

By Organization for Security and Co-operation in Europe (OSCE), on 8 September 2020


Academic report

enenenrufr
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Biuro Instytucji Demokratycznych i Praw Człowieka (ODIHR) jest jedną z głównych organizacji praw człowieka na świecie. ODIHR prowadzi aktywną działalność w Europie, na Kaukazie, w Azji Centralnej i Ameryce Północnej. Siedziba ODIHR mieści się w Warszawie. Biuro działa na rzecz wspierania idei demokratycznych wyborów, poszanowania praw człowieka, praworządności, tolerancji i przeciwdziałania dyskryminacji. ODIHR jest instytucją praw człowieka należącą do Organizacji Bezpieczeństwa i Współpracy w Europie (OBWE).

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


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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)

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


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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)

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
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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)

The Death Penalty in Botswana: Hasty and Secretive Hangings – International Fact Finding Mission

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


NGO report

Botswana


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This report determined that the death penalty remains a sensitive and secretive issue in Botswana. The authorities are reluctant to encourage public debate about the death penalty and its possible abolition. There is a total lack of transparency in the actual execution process of the death sentence. The hasty way in which most recent hangings have been carried out, further cast doubt upon the willingness of the Government of Botswana to seriously address this issue.

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

Document(s)

Korean : 사형제도 극단적 형벌

By Amnesty International, on 8 September 2020


Academic report

enfres
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과연 사형제도가 범죄를 억제할까?; 정치적 도구로 사용되는 사형; 비밀리에 이뤄지는 사형집행; 생명을 생명으로 갚아라?; 인도적인’ 살인 – 과연 ‘인도적인’ 사형집행 방식이 존재하는가?; 국제사회는 사형에 반대한다 – 전세계적인 사형제도 폐지를 향해; 국가에 의해 살해당한 사람들

Document(s)

Italian : SINTESI DEI FATTI PIÙ IMPORTANTI DEL 2007 (e dei primi sei mesi del 2008)

By HANDS OFF CAIN, on 8 September 2020


NGO report

en
More details See the document

La Moratoria Onu delle esecuzioni : Il 18 dicembre 2007, la 62ª Assemblea Generale delle Nazioni Unite ha approvato con 104 voti a favore, 54 contrari e 29 astensioni una Risoluzione che chiede agli Stati membri di “stabilire una moratoria delle esecuzioni, in vista dell’abolizione della pena di morte.”

Document(s)

China’s death penalty: reforms on capital punishment

By Hong Lu / East Asian Institute (EAI), on 8 September 2020


Article

China


More details See the document

This paper covers the death penalty situation in China, which is, according to the author, unlikely to abolish the death penalty in the near future. China topped the world in the imposition of the death penalty in 2008, while wrongful convictions and erroneous executions have been found, despite China’s official policy to prevent excessive executions.

  • Document type Article
  • Countries list China
  • Themes list Juveniles, Capital offences, Legal Representation, Statistics, Country/Regional profiles,

Document(s)

Ross, Colin Campbell Eadie (1892 – 1922)

By Australian Dictionary of Biography , on 8 September 2020


Academic report

Australia


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The raped, strangled and naked body of 12-year-old Alma Tirtschke was found in a right-of-way off nearby Gun Alley. The press, notably the Herald under (Sir) Keith Murdoch, fanned public outrage, pressured police for an arrest and matched the government’s initial reward, which was quickly raised from £250 to £1000. Ross, one of many people routinely interviewed, was arrested and remanded. The police, relying on the information of dubious characters, including the fortune-teller ‘Madame Ghurka’, claimed that Ross had confessed to violating and choking the girl. The Herald prejudiced his trial by publishing his photograph and printing the names and addresses of the jury. George Maxwell, appearing for Ross with T. C. Brennan, described the Crown witnesses as ‘disreputables’, mercenaries whose evidence was contradictory and untrustworthy.

  • Document type Academic report
  • Countries list Australia
  • Themes list Networks,

Document(s)

Not “Waiving” But Drowning: The Anatomy of Death Row Syndrome and Volunteering for Execution

By Amy Smith / Boston University Public Interest Law Journal, on 8 September 2020


Article

United States


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Within the international community, other countries have recognized the potential for harm caused by our current system, and as a result have refused to extradite back to the United States individuals who might face the death penalty. These countries cite not only the possibility of execution as reason for refusal, but the waiting process which attends that death as a separate, independent violation of human rights. If we remain unpersuaded by the international community, the behavioral trends of those individuals awaiting execution are telling as well. Within one week in 2008, two individuals awaiting death in Texas committed suicide, reflecting the heightened suicide rates on death row, estimated at ten times greater than those in society at large and several times greater than those in a general prison population. In addition, the widely-recognized practice of “volunteering” for execution permits condemned inmates to waive their state and federally mandated rights to appeal in order to speed up the execution process, in essence “volunteering” to be executed.

  • Document type Article
  • Countries list United States
  • Themes list Death Row Phenomenon, Extradition,

Document(s)

India: Lethal Lottery: The Death Penalty in India – A study of Supreme Court judgments in death penalty cases 1950-2006

By Amnesty International / Bikram Jeet Batra, on 8 September 2020


NGO report

India


More details See the document

The report shows that contrary to the majority Bench’s views and intentions in Bachan Singh, errors and arbitrariness have not been checked by the safeguards in place, and no small role in this has been played by the judges themselveswho have rarely adhered to the requirements laid down in Bachan Singh, making it clear that it is commonly the judge’s subjective discretion that eventually decides the fate of the accused-appellant.

  • Document type NGO report
  • Countries list India
  • Themes list Due Process , Statistics,

Document(s)

The Death Penalty in Japan: The Law of Silence – Going Against the International Trend

By Florence Bellivier / International Federation for Human Rights (FIDH) / Dan Van Raemdonck / Jiazhen Wu, on 8 September 2020


NGO report

Japan

fr
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This report is the outcome of a fact-finding mission conducted by FIDH in July 2008, in order to assess the measures taken by the Japanese government to implement the recommendations made by a previous investigation, conducted in 2003.The conclusions of the report are appalling. According to Florence Bellivier, General Secretary of FIDH “Japan continues to condemn criminals to death, and incarcerate them up for decades, in prisons where secrecy and isolation are commonplace, in total disregard of the world opinion”. In addition, the rhythm of the executions has accelerated over the recent years. “2008 has been a record year, with more executions this year than in any other of the last fifteen years. We are witnessing a real step backwards” added Dan Van Raemdonck, Vice-President of FIDH. Thirteen persons have been executed since the beginning of the year, and 102 are currently on death row. There has not been a single retrial of a death penalty case since 1986, and no convicted prisoner has been pardoned since 1975.

Document(s)

Greek : Τι είναι το ODIHR;

By Organization for Security and Co-operation in Europe (OSCE), on 8 September 2020


Academic report

enenenrufr
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Το Γραφείο Δημοκρατικών Θεσμών και Ανθρωπίνων Δικαιωμάτων (ODIHR) του ΟΑΣΕ είναι ένα από τα βασικά περιφερειακά όργανα ανθρωπίνων δικαιωμάτων στον κόσμο. Με έδρα την Βαρσοβία της Πολωνίας, το ODIHR δραστηριοποιείται σε όλη την Ευρώπη, τον Καύκασο, την Κεντρική Ασία και την Βόρεια Αμερική.Προάγει τις δημοκρατικές εκλογές, τον σεβασμό των ανθρωπίνων δικαιωμάτων, την ανοχή και την εξάλειψη των διακρίσεων και το κράτος δικαίου. Το ODIHR είναι ο θεσμός για τα ανθρώπινα δικαιώματα του Οργανισμού για την Ασφάλεια και την Συνεργασία στην Ευρώπη (ΟΑΣΕ), ενός διακυβερνητικού φορέα που εργάζεται για την σταθερότητα, την ευημερία και την δημοκρατία στα 56 Κράτη που συμμετέχουν σε αυτόν.

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)

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 #3 – The death penalty saves money

By Reprieve / Clive Stafford Smith , on 8 September 2020


Academic report


More details See the document

MYTH: The death penalty saves money. It costs less to kill people than to imprison them for life. FACT:The death penalty costs millions more than a sentence of life without parole. Taxpayers’ money could be used more efficiently on crime prevention programs and police.

  • Document type Academic report
  • Themes list Sentencing Alternatives, Financial cost,

Document(s)

Myth #4 – Only evil people are executed

By Reprieve / Clive Stafford Smith , on 8 September 2020


Academic report


More details See the document

MYTH: Only evil people are executed. People on death row are truly evil. FACT: There is a lot more to a human being than his worst action.

  • Document type Academic report
  • Themes list Right to life,

Document(s)

Myth #5 – Death penalty trials are a fair process

By Reprieve / Emmanuelle Purdon , on 8 September 2020


Academic report


More details See the document

MYTH: Death penalty trials are a fair process. Trials and appeals are closely scrutinised. The defendant’s basic rights are protected. FACT: People are executed around the world every day because they did not have a fair trial.

  • Document type Academic report
  • Themes list Fair Trial,

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 #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)

German : Was ist das ODIHR?

By Organization for Security and Co-operation in Europe (OSCE), on 8 September 2020


Academic report

enenenrufr
More details See the document

Das OSZE- Demokratische Institutionen und Menschenrechte (ODIHR) ist weltweiteine der wichtigsten regionalen Menschrechts institutionen. Das ODIHR hat seinen Sitz in Warschau (Polen) und ist in Europa, im Kaukasus, in Zentralasien und in Nordamerika. Das Bro fordert demokratische Wahlen, Respekt Menschenrechte, Toleranz und Nicht diskriminierung, sowie Rechtstaatlichkeit. Das ODIHR ist die Menschenrechts institution der Organisation Sicherheit und Zusammenarbeit in Europa (OSZE). Die OSZE ist eine zw ischenstaatliche Organisation, die Stabilitt, Prosperit und Demokratie in ihren 56 Teilnehm erstaaten arbeitet. Die OSZE um fasst eine Region, die sich von Vancouver im Westen bis Wladiwostok im Osten erstreckt, und ist damit weltweit die grûte regionale Sicherheits organisation. Menschenrechte und Demokratie sind Grundpfeiler des um fassenden Sicherheitskonzeptes der OSZE.

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)

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

By Amnesty International, on 8 September 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)

Unstacking the Deck – A Handbook for Capital Defense Attorneys on Challenging the State’s Case in Aggravation

By John H. Blume / Death Penalty Resource & Defense Center, on 8 September 2020


Academic report

United States


More details See the document

When the state decides to seek the death penalty against a criminal defendant, the cards are heavily stacked against him before the trial even starts. First, the defendant must face a jury that already assumes he is guilty simply because he has been charged with a crime. They will assume this all the more given that it is a capital case. Moreover, the jury selection process itself will produce a jury that is predisposed to vote both for guilt and for death.The purpose of this handbook is to provide some suggestions for ways to “unstack the deck” for capital defendants by challenging the state’s case in aggravation.

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

Document(s)

Italian : SINTESI DEI FATTI PIÙ IMPORTANTI DEL 2008 (e dei primi sei mesi del 2009)

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 2008 e anche nei primi sei mesi del 2009. I Paesi o i territori che hanno deciso di abolirla per legge o in pratica sono oggi 151. Di questi, i Paesi totalmente abolizionisti sono 96; gli abolizionisti per crimini ordinari sono 8; quelli che attuano una moratoria delle esecuzioni sono 5; 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 42.

Document(s)

German : Unschuldige und ihre Fälle in Kürze

By Death Penalty Information Center, on 8 September 2020


Academic report

United States


More details See the document

Unschuldige und ihre Fälle in Kürze, mit fälschlichen Identifizierung sowie erzwungener Geständnisse.

  • Document type Academic 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 : 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)

Iraq: The Death Penalty, Executions, and “Prison Cleansing”

By Human Rights Watch, on 8 September 2020


NGO report

Iraq


More details See the document

This briefing paper examines Iraq’s arbitrary and widespread use of the death penalty and extrajudicial executions. For more than three decades, the government of President Saddam Hussein has sanctioned the use of the death penalty and extrajudicial executions as a tool of political repression, both in order to eliminate real or suspected political opponents and to maintain a reign of terror over the population at large. The executions that have taken place over this period constitute an integral part of more systematic repression – characterized by widespread arbitrary arrests, indefinite detention without trial, death in custody under torture, and large-scale “disappearances” – through which the government has sustained its rule.

  • Document type NGO report
  • Countries list Iraq
  • Themes list Due Process ,

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


More details See the document

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)

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)

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)

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)

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)

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)

Uzbekistan: ‘Justice only in heaven’ – the death penalty in Uzbekistan

By Amnesty International, on 8 September 2020


NGO report

Uzbekistan


More details See the document

This document reports on the use of the death penalty in Uzbekistan. It looks at the scope of the death penalty and the current hurdles to its abolition. The report also examines those factors which commonly lead to judicial error – the use of arbitrary detention and torture, unfair trials and corruption.The latter part of the report looks at the conditions for prisoners on death row and the suffering inflicted by the state on the families of those sentenced to death.

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

Document(s)

I don’t want another kid to die: Families of Victims Murdered by Juveniles Oppose Juvenile Executions

By Robert Renny Cushing / Susannah Sheffer / Murder Victims' Families for Human Rights, on 8 September 2020


NGO report

United States


More details See the document

“I don’t want another kid to die” is a report about the juvenile death penalty from the perspective of family members of victims killed by juvenile offenders and parents of juvenile offenders who have been executed.

  • Document type NGO report
  • Countries list United States
  • Themes list Juveniles, Murder Victims' Families,

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)

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)

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)

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


More details See the document

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)

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)

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)

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 : 「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)

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
More details See the document

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)

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)

Iran must halt execution of web programmer

By Amnesty International - Canada, on 1 January 2012


2012

Legal Representation


More details See the document

Saeed Malekpour was sentenced to death in December 2010 following what appears to have been an unfair trial, without access to his lawyer, and amid allegations that he was tortured and forced to confess to crimes which he did not commit. Iran must not execute this web programmer sentenced to death after one of his web programs was used to post pornographic images without his knowledge, Amnesty International said today, as the Iranian authorities continue their crackdown on bloggers and other users of the internet.

  • Document type Legal Representation
  • Themes list Networks,

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


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)

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)

Alternatives to the Death Penalty: The Problems with Life Imprisonment

By Penal Reform International, on 1 January 2007


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)

Position Paper No. 2 on the Abolition of the Death Penalty

By Kenya National Commission on Human Rights, on 1 January 2007


Government body report


More details See the document

This paper outlines the case for abolition of the death penalty in Kenya from a human rights perspective, including the position of the National Commissionon the subject. It seeks to persuade the public, and policy makers on the need to abolish capital punishment. Informed by the various theories of punishmentand human rights principles, the paper addresses arguments by the proponents of the death penalty; builds a case for abolition of the death penalty; andfi nally makes recommendations to policy makers and other stakeholders for necessary action towards abolition of the death penalty.

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

Document(s)

The Peculiar Forms of American Capital Punishment

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


Article

United States


More details See the document

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)

The Global Debate on the Death Penalty

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

Deciding Death

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


Article

United States


More details See the document

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)

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)

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)

Write a Letter to the Editor

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

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)

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

By HANDS OFF CAIN, on 1 January 2006


2006

NGO report

en
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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 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)

CHINA’S DEATH PENALTY REFORMS

By Bonny Ling / Si-si Liu / Cliff Ip / Human Rights In China, on 1 January 2007


2007

NGO report


More details See the document

The Chinese authorities have introduced reforms to the death penalty system aimed at “killing fewer, and killing carefully.” Key systemic challenges remain, however, in ensuring that the criminally accused are not arbitrarily deprived of their inherent right to life.

  • Document type NGO report
  • Themes list Networks,

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


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)

Uganda: Challenging the Death Penalty

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


NGO report


More details See the document

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)

The Death Penalty in Guatemala: On the road towards abolition

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


NGO report


More details See the document

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

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

Document(s)

Tanzania: the death sentence institutionnalised

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


NGO report

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

Document(s)

The Death Penalty in Egypt

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


NGO report

arfr
More details See the document

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

Document(s)

The death penalty in Thailand

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


NGO report


More details See the document

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

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

Document(s)

THE 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)

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)

Uses and Abuses of Empirical Evidence in the Death Penalty Debate

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


Article

United States


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 ,