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Reviews the use of the death penalty on juveniles in light of contemporary standards.

• Document type NGO report
• Themes list Juveniles,

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,

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,

As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.

• Document type NGO report
• Themes list Mandatory Death Penalty,

A survey of the opinions of a representative sample of 1,000 residents of Trinidad, almost all of them citizens, on the very topical subject of the death penalty, in particular the support for and use of the mandatory death penalty for murder under current Trinidadian law, has just been completed. The data was collected in Trinidad (but not Tobago for reasons largely of the cost involved in collecting a small sample of interviews) by face-to-face interviews between 16th November and 16th December 2010.

• Document type NGO report
• Themes list Public opinion,

The purpose of this annual report on State-sponsored Homophobia, as stated since its first edition in 2007, is to name and shame the states which in the 21st century deny the most fundamental human rights to LGBTI people, i.e. the right to life and freedom, in the hope that with every year more and more countries decide to abandon the ‘community’ of homophobic states.Compared to last year’s report, where we listed the 77 countries prosecuting people on ground of their sexual orientation, this year you will find ―only‖ 76 in the same list, including the infamous 5 which put people to death for their sexual orientation: Iran, Mauritania, Saudi Arabia, Sudan and Yemen (plus some parts of Nigeria and Somalia). One country less compared to the 2009 list may seem little progress, until one realizes that it hosts one sixth of the human population.

• Document type NGO report
• Themes list Homosexuality,
• Available languages Portuguese : Homofobia do Estado: Uma pesquisa mundial sobre legislações que proíbem relações sexuais consensuais entre adultos do mesmo sexoHomophobie d'État: Une enquête mondiale sur les lois qui interdisent la sexualité entre adultes consentants de même sexeHomofobia de Estado: Un informe mundial sobre las leyes que prohiben la actividad homosexual con consentimiento entre personas adultas

One major goal of these recommendations is to create additional safeguards against the endemic tendency of decision-makers in the criminal justice system to “pass the buck.” The system is far too lax in catching errors and injustices in part because many of those who might catch these errors and injustices do not fully understand their own duty to ensure that a death sentence is the appropriate punishment. Several of these recommendations are addressed to those who occupy critical roles in the capital punishment system, including the defense attorney, the prosecutor, the jury, the trial judge, and the reviewing courts. They emphasize that each, individually, has the responsibility to ensure, to the best of his or her ability, that justice is done.

• Document type NGO report
• Themes list Networks,

The essence of the death penalty is the eradication of life for the condemned. Death penalty was a common practice in ancient heavenly religions, especially in times dominated by the idea of religious revenge. Additionally, it was implemented in a brutal and cruel way accompanied by terrible methods of torture. The death penalty has not been controversial in the old legislation; it has been recognized by scholars without attempting to justify it, as governors and legislators apply it without resistance from thinkers and philosophers. In the modern era, controversy has arisen about the feasibility and legality of the death penalty as a form of social reaction to the offender. The eighteenth century is marked by philosophical ideas which attacked the prevailing penal systems, as studies and research have appeared on the social and anthropological causes of crime. Thus, two intellectual trends have appeared on the horizon: those in favor of retaining the death penalty, and those demanding its abolishment. Each trend has its reasons and pretexts supporting their thoughts concerning the death penalty. Hence, the study analyses and examines “The Death Penalty in the Arab World” through a series of distinctive research methods, addressing the death penalty in ten Arab countries. The following is presented according to a signal research plan that includes: crimes punishable by death, and procedural guarantees on the death penalty and its adequacy, as well as putting forward many proposals and recommendations on the abolishment of the death penalty. This study includes the death penalty in ten Arab countries: Bahrain – Egypt – Jordan – Iraq – Lebanon- Morocco- Palestine – Saudi Arabia – Syria- Yemen. —- Go to first document in English.

• Document type NGO report
• Available languages عقوبة الإعدام فى الوطن العربى: دراسة حول عقوبة الإعدام فى بعض الدول العربية

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

• Document type NGO report
• Themes list Due Process ,

The annual report of the death penalty in 2010 shows a dramatic increase in the number of executions compared to the previous years. The number of annual executions in 2010 in Iran is probably the highest since the mass executions of political prisoners in the summer of 1988.

• Document type NGO report
• Available languages سازمان حقوق بشر ایران: گزارش سالانه اعدام در سال میلادی ۲۰۱۰

Twenty-five U.S. states still permit the execution of offenders with mental retardation and should pass laws to ban the practice without delay. The United States appears to be the only democracy whose laws expressly permit the execution of persons with this severe mental disability.

• Document type NGO report
• Themes list Intellectual Disability,

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

• Document type United Nations report
• Themes list International law, Right to life,
• Available languages المتحدة الإعلان العالمي لحقوق الإنسانВсеобщую декларацию прав человекаDéclaration universelle des droits de l'homme世界人权宣言Declaración Universal de Derechos Humanos

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

• Document type NGO report

This report exposes the links between the carrying out of executions and the financial contributions from European governments, the European Commission and the UNODC to support drug enforcement operations in countries that use the death penalty such as China, Iran and Viet Nam. The report notes that such operations continue to be funded without appropriate safeguards despite the fact that the abolition of the death penalty is a requirement of entry into the Council of Europe and the European Union and that the United Nations advocates strongly against capital punishment

• Document type NGO report
• Themes list Drug Offences,

The report calls for an end to the use of the death penalty for drug offences around the world, and concludes that the on-going execution of drug offenders is a violation of international human rights law. The report emphasises how the harms faced by people who use drugs do not only include health harms such as HIV and hepatitis C infections, but also the effects of repressive law enforcement activities.

• Document type NGO report
• Themes list Drug Offences,

This report asserts that the death penalty is not only inappropriate and unwarranted for persons with severe mental illness but that it also serves as a distraction from problems within the mental health system that contributed or even led directly to tragic violence. Families of murder victims and families of people with mental illness who have committed murder have a cascade of questions and needs. It is to these questions, rather than to the death penalty, that as a society we must turn our attention and our collective energies if we are truly to address the problem of untreated mental illness and the lethal violence that can result.

• Document type NGO report
• Themes list Mental Illness, Murder Victims' Families,

This report, released appropriately on International Human Rights Day, serves to strip away the “conspiracy of silence” and give voice to a group of victims who have for too long been largely ignored in the debate surrounding the death penalty: the families of the executed.

• Document type NGO report
• Themes list Murder Victims' Families,

This report, which includes policy recommendations, is the culmination of a long effort to identify and document the bias on the part of some prosecutors, judges, and members of the victims’ services community against victims’ family members who oppose the death penalty.

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

“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,

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

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

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

• Document type NGO report

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

• Document type NGO report

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 ,

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

• Document type NGO report
• Themes list Due Process ,

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

• Document type NGO report
• Themes list Due Process ,

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

• Document type NGO report
• Themes list Due Process ,

This report details the reasons for the Japan Federation of Bar Associations recommendation that an immediate moratorium on death sentences takes place.

• Document type NGO report
• Themes list Networks,
• Available languages Japanese : 死刑制度問題に関する提言

The death penalty in the U.S. is an enormously expensive and wasteful program with no clear benefits. All of the studies on the cost of capital punishment conclude it is much more expensive than a system with life sentences as the maximum penalty. In a time of painful budget cutbacks, states are pouring money into a system that results in a declining number of death sentences and executions that are almost exclusively carried out in just one area of the country. As many states face further deficits, it is an appropriate time to consider whether maintaining the costly death penalty system is being smart on crime.

• Document type NGO report
• Themes list Financial cost,

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,

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,

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

• Document type NGO report
• Themes list Innocence,

This report examines the sequence of recent events that has increasingly placed the death penalty in the international spotlight. Some of these events are direct challenges to the practice of capital punishment in the U.S. Others are changes in the balance of death penalty practices and attitudes around the world. The report looks at the ways in which the international community has sought to limit the application of the death penalty, and the U.S.’s response to these initiatives. It also explores the world-wide trend towards complete abolition of the death penalty and the U.S. reaction. Although much of the official U.S. response to international criticism has been denial, the report looks at some local and unofficial actions, which indicate a different direction. Finally, the report notes the present and potential costs the U.S. is facing for adhering to the death penalty.

• Document type NGO report
• Themes list Networks,

The purpose of the Report is to assist the Honourable Court by describing the criminal justice process in Trinidad as it applies to those accused of murder. As a criminal defence and constitutional law attorneys in Trinidad, we have been asked to address, in particular, some of the shortcomings apparent in the Trinidadian criminal justice system and certain related constitutional issues. The Report deals with the following issues: a. The constitutional history and sources of law in Trinidad; b. The law of murder in Trinidad; c. An overview of criminal procedure; d. The stages of the criminal process in murder cases; e. The mandatory death penalty; f. The prerogative of mercy.

• Document type NGO report
• Themes list Networks,

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

• Document type United Nations report
• Themes list International law,
• Available languages العهد الدولي الخاص بالحقوق المدنية والسياسيةМеждународный пакт о гражданских и политических правахPacte international relatif aux droits civils et politiques公民权利和政治权利国际盟约Pacto Internacional de Derechos Civiles y Políticos

This is the fourth consecutive year that Hands off Cain is publishing its report on the death penalty. The events registered in 2000 reveal a positive trend towards abolition.As of 31/12/2000, there were 123 abolitionist countries of various types: 77 were fully abolitionist, 12 were abolitionist for ordinary crimes, 30 were de facto abolitionist (they haven´t carried out a death sentence in at least ten years), 2 were engaged in abolishing the death penalty as members of the Council of Europe, 2 had a legal moratoria on executions. Seventy three states retained the death penalty.

• Document type NGO report
• Themes list Statistics,
• Available languages Italian : Sintesi dei fatti più rilevanti del 2000

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

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

Part I of this Article will discuss the Court’s prior decisions in Booth and Gathers, and Parts II and III will briefly attempt to clarify the parameters of the Payne holding. Part IV of this Article will survey the current legal landscape of state and federal practice regarding the admissibility of VIE and argument. Finally, this Article will offer in conclusion some brief perspectives on several unresolved issues in this particularly thorny (and misguided) area of capital punishment jurisprudence.

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

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 ,

Drawing from televised debates over capital punishment on CNN’s Crossfire from February 2000 to June 2002, I argue that Teles’s (1998) theory of “dissensus politics” is useful in understanding the U.S.’s preservation of capital punishment as well as current divisions in death penalty sentiment within the U.S. I pose the retention of capital punishment as the product of rival elites who are unwilling to forsake capital punishment’s moral character (and often the political benefits it offers), and who consequently ignore an American public that appears to have reached a measured consensus of doubt about the death penalty.

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

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

• Document type Article
• Themes list Public debate,

This article examines the situation of the death penalty in Africa. It does so byaddressing three main questions: First, to what extent is the death penalty inAfrica in fact an issue about which one should be particularly concerned?Second, what are the restrictions on the death penalty in Africa? Third, whatis to be done to strengthen the restrictions on the death penalty in Africa? Inaddition, the article examines the question whether article 4 of the AfricanCharter on Human and Peoples’ Rights and its related provisions will inspirethe abolition of the death penalty. It is suggested that challenging mandatorydeath sentences, advancing procedural challenges, open debate onalternatives to the death penalty, and improving the national criminaljustice system will strengthen restrictions on the death penalty in Africa. Thearticle concludes that positive criminal justice reform rather than moralisticcondemnation is the most effective route to the eventual abolition of thedeath penalty in Africa.

• Document type Article
• Themes list Networks,

Questions regarding the jury’s inability to reach a unanimous decision are often asked of judges and similar uninformative responses are generally given. Is ignoringjuror concerns the proper method for handling jury inquiries about the result of juror non-unanimity in capital sentencing? Or should courts inform capital juries up-front of the consequences of their failure to reach a unanimous verdict?

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

It turns out that voir dire in capital cases is woefully ineffective at the most elementary task—weeding out unqualified jurors.Empirical evidence reveals that many capital jurors are in fact unqualified to serve. Moreover, the ineffectiveness of the process is far from even-handed. A juror is not “death-qualified” if she would always vote against a death sentence, regardless of the circumstances, and a handful of the jurors who actually serve in capital cases are in fact unqualified for this reason.

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

Do black jurors view a crime or its appropriate punishment differently than their white counterparts? Are their perspectives influenced by the race of the defendant or victim? Are blacks on white-dominated capital juries intimidated or coerced into voting for the death penalty?

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

The present project is concerned with the significant role that public opinion plays in the debate surrounding the death penalty and criminal policy in the People’s Republic of China, including possible public reaction to any planned abolishment of the death penalty. How is public opinion on the death penalty exhibited in China? What influence does public opinion on the death penalty have on legislative and judicial practice in China? The principal goal of the project is to analyze the links that exist between public opinion, criminal policy, legislation and legal practice, and to initiate attitudinal changes amongst political and legal actors as well as the public at large. A further objective is to guide Chinese criminal law reform, particularly with regard to a possible reduction in the number of capital offences, against the background of the ratification of the International Covenant on Civil and Political Rights

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

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 ,

The first section below describes how, for many jurors, the decision about guilt appears to be so overwhelming that it prevents truly separate decision making about punishment. The second section focuses on the degree to which jurors feel constrained by what they view as a requirement to impose death if certain aggravating factors are present in the case. And finally, the third section explores the way in which mitigating evidence, even when it appears to have been extensive and credible, is ignored, devalued, or discredited.

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

Occasionally, physicians’ personal values conflict with their perceived societal duties. One example is the case of lethal injection for the purpose of capital punishment. Some states require that such lethal injections be performed by physicians. At the same time, leading medical societies have concluded that physicians should avoid participating in capital punishment. Physicians’ attitudes toward involvement in capital punishment may depend on how they balance their responsibilities to individuals against their duties to society. Other factors may include a desire to provide a more painless death for the prisoner or concern over the competency of other health care personnel. In a previous survey, we found that a majority of physicians condoned involvement of their fellow physicians in capital punishment. For the current study, we conducted another survey to ascertain physicians’ attitudes about their own involvement in capital punishment, as well as factors associated with these attitudes.

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

The thesis of this paper is that lawyers who have represented clients in capital murder cases at trial and appeal—not unlike all criminal trial and initial appeal counsel, but more urgently because of the circumstances—continue to owe important obligations to their former clients. These obligations have been just recently included in the latest version of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death PenaltyCases: In accordance with professional norms, all persons who are or have been members of the defense team have a continuing duty to safeguard the interests of the client and should cooperate fully with successor counsel. This duty includes, but is not limited to: A. maintaining the records of the case in a manner that will inform successor counsel of all significant developments relevant to the litigation; B. providing the client’s files, as well as information regarding all aspects of the representation, to successor counsel; C. sharing potential further areas of legal and factual research with successor counsel; and D. cooperating with such professionally appropriate legal strategies as may be chosen by successor counsel. It is my hope that this article will demonstrate that these Guidelines reflect not just best practice, but actual ethical mandates that trial counsel, like Bryan Saunders, owe their former clients as those clients negotiate the jurisprudential maze known as habeas corpus.

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

I offer an account of the ordeal of Earl Washington, who—having come within days of execution—was released from prison on February 12, 2001, after DNA evidence of his innocence finally proved conclusive to the Virginia authorities. I do so for two reasons. First, I believe, both as a member of his legal team and a scholar, that history deserves an accurate account of the events. Second, more broadly, I believe that the case exemplifies many of the phenomena that contribute to the injustice of the death penalty in America today.

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

Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term “frivolous” is narrowed, even in civil cases, by the way it is defined and explained in the ethical rules and in court decisions.

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

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

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

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

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

Empirical studies of the death penalty continue to find that the race and gender of homicide victims are associated with the severity of legal responses in homicide cases even after controlling for legally relevant factors. A limitation of this research, however, is that victim race and gender are examined as distinct and independent factors in statistical models. In this study, we explore whether the independent examination of victim race and gender masks important differences in legal responses to homicides. In particular, we empirically test the hypothesis that defendants convicted of killing white females are significantly more likely to receive death sentences than killers of victims with other race-gender characteristics. Findings indicate that homicides with white female victims were more likely to result in death sentences than other victim race-gender dyads. We posit that this response may be unique and result in differential sentencing outcomes.

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

Prior research on wrongful convictions in capital cases focused primarily on qualitative methods designed to provide in-depth descriptive analyses of these cases. In contrast, this study is a quantitative comparison between 76 documented cases from 1970 to 1998, in which prisoners were released from death row because of “doubts about their guilt,” and a matched group of inmates who were executed. Through the use of a logistic regression model, significant predictors of cases that result in a release from death row as opposed to an execution, are identified. The final section of this study focuses on policy implications that may decrease the risk of error in capital cases. Additional lines of research are suggested in an effort to increase understanding of miscarriages of justice in such cases.

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

Despite the interest in the death penalty, no statistical studies have isolated the social and political forces that account for the legality of this punishment. Racial or ethnic threat theories suggest that the death penalty will more likely be legal in jurisdictions with relatively large black or Hispanic populations. Economic threat explanations suggest that this punishment will be present in unequal areas. Jurisdictions with a more conservative public or a stronger law and order Republican party should be more likely to legalize the death penalty as well. After controlling for social disorganization, region, period, and voilent crime, panel analyses suggest that minority presence and economic inequality enhance the likelihood of a legal death penalty. Conservative values and Republican strength in the legislature have equivalent effects; A supplement time-to-event analysis supports these conclusions. The results suggest that a political approach has explanatory power because threat effects expressed through politics and effects that are directly political invariable account for decisions about the legality of capital punishment.

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

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 ,

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,

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

• Document type United Nations report
• Themes list International law,
• Available languages البروتوكول الاختياري الثاني الملحق بالعهد الدولي الخاص بالحقوق المدنية والسياسية بهدف العمل علي إلغاء عقوبة الإعدامВторой Факультативный протокол к Международному пакту о гражданских и политических правах, направленный на отмену смертной казниDeuxième protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques, visant à l'abolition de la peine de mort第二任择议定书的公民权利和政治权利国际公约，其目的在废除死刑Segundo Protocolo Facultativo del Pacto Internacional de Derechos Civiles y Políticos, destinado a abolir la pena de muerte

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,

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

• Document type United Nations report
• Themes list Fair Trial, International law, Most Serious Crimes,
• Available languages الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدامМеры, гарантирующие защиту прав тех, кому грозит смертная казньGaranties pour la protection des droits des personnes passibles de la peine de mort关于保护面对死刑的人的 权利的保障措施Salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte

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

• Document type United Nations report
• Themes list Juveniles, International law,
• Available languages اتفاقية حقوق الطفلКонвенция о правах ребенкаConvention relative aux droits de l'enfant儿童权利公约Convención sobre los Derechos del Niño

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

• Document type United Nations report
• Themes list International law, Right to life,
• Available languages CONVENCION AMERICANA SOBRE DERECHOS HUMANOS "PACTO DE SAN JOSE DE COSTARICA"

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

• Document type Regional body report
• Themes list International law,
• Available languages PROTOCOLO A LA CONVENCIÓN AMERICANA SOBRE DERECHOS HUMANOS RELATIVO A LA ABOLICIÓN DE LA PENA DE MUERTE

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

• Document type United Nations report
• Themes list International law,
• Available languages Charte Africaine des Droits de l'Homme et des Peuples

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

• Document type Regional body report
• Themes list International law, Right to life, Most Serious Crimes,
• Available languages الميثاق العربي لحقوق الإنسانCHARTE ARABE DES DROITS DE L’HOMME

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,

Part I of this report offers an introduction and overview of the research. Part II examines the way prosecution policies and practices have developed from 1989, the beginning of the modern federal death penalty era, through the end of 2009. Parts III, IV, and V of this report discuss the costs associated with defending a federal capital case. Section VI describes qualitative data obtained through interviews of federal judges who had presided over a federal death penalty case and experienced federal capital defense counsel on topics such as the quality of defense representation, case budgeting and case management practices, the role of experts, and the death penalty authorization process. Finally, in Sections VII and VIII, the Recommendations of the 1998 Spencer Report are reaffirmed, and the Commentary associated with those recommendations is updated to reflect the past 12 years of experience with federal capital litigation.

• Document type NGO report
• Countries list United States
• Themes list Financial cost,

An in-depth analysis of the international law ramifications of applying the death penalty for drug offences. It reviews the the ‘most serious crimes’ threshold for the lawful application of capital punishment as established in the International Covenant on Civil and Political Rights. It then explores the question of whether drug offences meet this threshold by examining the issue through the lenses of international human rights law, the domestic legislation in retentionist states, international narcotics control law, international refugee law and international criminal law. The article concludes that drug offences do not constitute ‘most serious crimes’, and that executions of people for drug offences violates international human rights law.

• Document type Article
• Themes list Drug Offences, Most Serious Crimes,

This paper discusses some case law on detention issues by the Human Rights Committee (HRC) that supervises the International Covenant on Civil and Political Rights (ICCPR), as well as HRC case law on the so-called “death row phenomenon,” which involves forcing a person to live under conditions that spawn intense fear, distress, and the virtual destruction of the personality while awaiting execution.

• Document type Article
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Phenomenon,

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,

Death penalty is the most effective deterrence to grave crimes, which has been the key basis for the State to retain death penalty. In fact, either in legislation or in execution, death penalty can not produce the special deterrent effect as expected. With respect to this issue, people tend to conduct normative exploration from the perspective of ordinary legal principles or the principle of human rights, which is more speculative than convincing. Correct interpretation based on the existing positive analysis and differentiation based on human nature which sifts the true from the false will not only help end the simple, repetitive and meaningless arguments regarding the basis for the existence of death penalty, but also help understand the rational nature of both the elimination and the preservation of death penalty, so as to define the basic direction towards which the State should make efforts in controlling death penalty in the context of promoting social civilization.

• Document type Article
• Countries list China
• Themes list Deterrence ,
• Available languages 犯罪学分析死刑威慑力量（注：英文名翻译）

The article discusses the difficulties and controversies surrounding the 1999 Draft Resolution on the Death Penalty to the United Nations General Assembly.

• Document type Article
• Themes list Networks,

This paper explores the power struggle between the State and the condemned over the timing and conditions under which an inmate is executed. It begins with a discussion of current public opinion about the death penalty and the ways in which the death penalty has been resisted. Next, it describes capital defendants who elect execution over life imprisonment and considers some of the reasons proffered for waiver and withdrawal. This paper then contemplates whether some instances of “volunteering” should be regarded as “extreme communicative acts” (Wee 2004, 2007)—nonlinguistic communicative acts that are usually associated with protest, especially in the context of a lengthy political struggle (such as hunger strikes, self-immolation, and the chopping off of one’s fingers). In so doing, this paper weighs in on the larger questions of who ultimately controls the body of the condemned and what governmental opposition to waiver and withdrawal may reveal about the motives and rationale for the death penalty. This paper also furthers research on how the prison industrial complex is resisted and how State power more generally is negotiated.

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

This article investigates the way in which the Council of Europe enforced the norm against capital punishment in Europe. The Council of Europe, through both moral persuasion and centripetal pressure, compelled its member states to adopt the regionally promoted human rights standard. Ukraine, where the very last execution in Europe took place, accepted the norm after a number of years of resistance and in the face of public opposition to abolition. It was possible because of the adamant role of the Council of Europe in attempting to build a death penalty-free zone in Europe and Ukraine’s strategic will to be integrated within the European regional community.

• Document type Article
• Countries list Ukraine
• Themes list Trend Towards Abolition,

European executions obeyed a complex model that the author proposes to call ‘the supplice pattern’. The term supplice designates tortures and tormented executions, but it also includes their cultural background. The European way of executing used religious deeds, aesthetic devices and performing arts techniques which themselves called for artistic representations through paintings, theatre, etc. Moreover, Christian civilisation was unique in the belief that the spectacle of a painful execution had a redemptive effect on the criminals and the attendants as well. Chinese executions obeyed an entirely different conception. They were designed to show that punishment fitted the crime as provided in the penal code. All details were aimed to highlight and inculcate the meaning of the law, while signs of emotions, deeds, words, that could have interfered with the lesson in law were prohibited. In China, capital executions were not organized as a show nor subject to aesthetic representations, and they had no redemptive function. This matter-of-fact way of executing people caused Westerners deep uneasiness. The absence of religious background and staging devices was interpreted as a sign of barbarity and cruelty. What was stigmatised was not so much the facts that their failure to conform to the ‘supplice pattern’ that constituted for any Westerner the due process of capital executions.

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

This article provides an overview of the legal regime governing the death penalty and the on-going debate on the death penalty in Korea. It begins by briefly reviewing international treaties that call for the abolition of the death penalty, contrasting them with the retentionist trend in most Asian countries. It then reviews the major decisions of the Korean Supreme Court and the Korean Constitutional Court. It also discusses recent moves in the National Assembly and the National Human Rights Commission to abolish the death penalty. It suggests that the Korean death penalty debate has potentially significant implications for its retentionist Asian neighbours grappling with similar issues.

• Document type Article
• Countries list Democratic People's Republic of Korea

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,

The death penalty is like no other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between governments of retentionist and abolitionist countries. After the Second World War, more and more countries have abolished the death penalty. This article argues that the major determinants of this global trend towards abolition are political, a claim which receives support in a quantitative cross-national analysis from 1950 to 2002. Democracy, democratisation, international political pressure on retentionist countries and peer group effects in relatively abolitionist regions all raise the likelihood of abolition. There is also a partisan effect, as abolition becomes more likely if the chief executive’s party is left wing-oriented. Cultural, social and economic determinants receive only limited support. The global trend towards abolition will go on if democracy continues to spread around the world and abolitionist countries stand by their commitment to press for abolition all over the world.

• Document type Article
• Themes list Trend Towards Abolition,

While the PRC death penalty debate has been an ongoing and highly contentious issue in the international human rights arena, death sentence policy and practice in China has remained relatively static since the early 1980s. Events in late 2006 and early 2007 have now dramatically changed the landscape of capital punishment in China. This paper analyses the recent debate on the death penalty in terms of the shifting power relationships in China today. The Supreme People’s Court wants to strictly limit the death penalty to only the ‘most heinous’ criminals while the politburo on the other hand, wants to maintain the two-decade old ‘strike hard’ policy which encourages severe punishment to be meted out to a wider range of serious criminals.

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

The report is the first detailed country by country overview of the death penalty for drugs, monitoring both national legislation and state practice of enforcement. Of the states worldwide that retain the death penalty, 32 jurisdictions maintain laws that prescribe the death penalty for drug offences. The study also found that in some states, drug offenders make up a significant portion – if not the outright majority – of those sentenced to death and/or executed each year.

• Document type NGO report
• Themes list Drug Offences,

The year 2001 has confirmed the accelerated trend towards the abolition of the death penalty on course for the past ten years. In 2001 the Federal Republic of Yugoslavia became totally abolitionist, Chile abolished the death penalty for ordinary crimes, Ireland removed all references to the death penalty from its constitution, Burkina Faso joined the group of de facto abolitionists not having carried out any executions for more than ten years, and Lebanon has imposed a moratorium on executions.

• Document type NGO report
• Themes list Statistics,
• Available languages Italian : I FATTI PIÙ IMPORTANTI DEL 2001

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

• Document type NGO report
• Themes list Statistics, Country/Regional profiles,
• Available languages RÉPUBLIQUE POPULAIRE DE CHINE: La peine capitale en Chine : nouveaux records et nouvelles transgressions de la loiREPÚBLICA POPULAR CHINA: La pena de muerte en China: Batir récords abatiendo vidas

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,

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 type NGO report
• Themes list Transparency, Mandatory Death Penalty,
• Available languages Swahili : Tanzania: Adhabu ya Kifo Imerasimishwa?Tanzanie: La peine de mort institutionnalisée

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 type NGO report
• Themes list Country/Regional profiles,
• Available languages عقوبة العدام في مصرLa peine de mort en Egypte

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,

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

• Document type NGO report
• Themes list Fair Trial, Country/Regional profiles,
• Available languages Tchad, Peine de mort: la levée d'un moratoire, entre opportunisme sécuritaire et règlement de compte

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

• Document type NGO report
• Themes list Country/Regional profiles,
• Available languages Japanese : 死刑民主主義国家にあるまじき行為La peine de mort au Japon, une pratique indigne d'une démocratie

The report indicates that most of the people sentenced to capital punishment, especially the poor and indigent, did not benefit from a fair trial, and that the conditions of detention – which is very long – constitute “cruel, inhuman and degrading treatments”. Furthermore, the FIDH fears that the possible moratoriums on the executions considered by several States only aims at improving the criminal procedures prior to the executions.

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

Any potential increase in executions or lobbying for the death penalty as a result of the use of lethal injection is of serious concern. The increased pressure on medical professionals to participate in executions also raises serious ethical and human rights issues. This paper reviews developments with respect to lethal injection executions over the past decade.

• Document type NGO report
• Themes list Lethal Injection, Statistics,
• Available languages Ejecución por inyección letal: Un cuarto de siglo de muertes por envenenamiento a manos del Estado

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 type NGO report
• Countries list China
• Themes list Statistics, Country/Regional profiles,
• Available languages République Populaire de Chine: Des exécutions << conformes au droit >> ? La peine de mort en Chine

Amnesty International remains deeply concerned that several senior Chinese officials continue to use ‘strike hard’ policies to constrain the legitimate activities of a range of peaceful activists, including journalists, lawyers and human rights defenders. This report updates concerns in these areas, illustrated by the experiences of several individuals who have been detained or imprisoned in violation of their fundamental human rights. The failure of the Chinese authorities to address the legal and institutional weaknesses that allow such violations to flourish continues to hamper efforts to strengthen rule of law in China.

• Document type NGO report
• Themes list International law, Public opinion,
• Available languages Chine: À l'approche des Jeux olympiques, les réformes concernant la peine capitale et les medias sont occultées par la répression contre les militantsRepública Popular de China:La cuenta atrás para los Juegos Olímpicos: La represión de activistas ensombrece las reformas sobre la pena de muerte y los medios de comunicación

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

• Document type NGO report
• Themes list Torture, Death Row Conditions, Country/Regional profiles,
• Available languages Смертная казнь в Узбекистане: пытки и секретностьLa peine de mort en Ouzbékistan: torture et opacité

The Death Penalty Log gives available details of death sentences and executions occurring in China throughout 2000.

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

The attached Log gives available details of death sentences and executions occurring in China throughout 1999.

• Document type NGO report
• Themes list Statistics,

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 type NGO report
• Countries list United States
• Themes list Networks, Statistics,
• Available languages Estados Unidos: Rompiendo con un hábito letal - Un repaso a la pena de muerte en 2007

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

• Document type NGO report
• Themes list Beheading,
• Available languages صفعة في وجه العدالة:عقوبة الإعدام في المملكة العربية السعودية

This document examines the issue of extradition and the death penalty in the United States. It looks at the emergence of death penalty clauses in extradition treaties and laws and gives examples of specific cases in the US where extradition has either prevented the application of the death penalty or been circumvented to allow individuals to be sentenced to death.

• Document type NGO report
• Countries list United States
• Themes list Extradition,
• Available languages الولاية المتحدة الأمركية : لا عودة الى الاعدام - العقوبة الاعدام في امريكة كحاجز لالتسليمESTADOS UNIDOS DE AMÉRICA : Que no se envíe a nadie a la ejecución: La pena de muerte en Estados Unidos como barrera frente a la extradición