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Status of signature ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, including declarations, reservations and objections.

• Document type NGO report
• Themes list Moratorium ,
• Available languages État de signature et ratification du Deuxième Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques visant à abolir la peine de mort.État de signature et ratification du Deuxième Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques visant à abolir la peine de mort.

This report examines how state death penalty systems are functioning in design and practice and are intended to serve as the bases from which states can launch comprehensive self-examinations, impose reforms, or in some cases, impose moratoria.

• Document type NGO report

• Document type United Nations report
• Available languages تقرير 2018- وقف العمل بعقوبة الإعدامInforme 2018 - Moratoria del uso de la pena de muerteRapport 2018 - Moratoire sur l'application de la peine de mortДоклад 2018 - Мораторий на применение смертной казни2018报告 - 暂停使用死刑联合国

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the expansion of the venire from the county to the district level has a dramatic demographic impact on the racial make-up of the jury. This inquiry demonstrates that the conversation concerning who should make up the jury of twelve neighbors and peers—a discussion begun well before the founding of our Constitution—continues to have relevance today. Louisiana, Missouri, Virginia and Maryland referred to.

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

FIACAT press release about the awareness raising workshop for permanent representatives to the African Union.

• Document type Multimedia content
• Themes list International law, Trend Towards Abolition, World Coalition Against the Death Penalty,
• Available languages L'importance de la sensibilisation des ambassadeurs auprès de l'Union africaine sur le projet de Protocol africain sur l'abolition de la peine de mort

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

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

The permanent missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 67/176, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 19 November 2012, and subsequently by the General Assembly on 20 December 2012 by a recorded vote. The permanent missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

• Document type United Nations report
• Countries list Afghanistan / Antigua and Barbuda / Bahrain / Bangladesh / Barbados / Botswana / Brunei Darussalam / Chad / China / Democratic People's Republic of Korea / Egypt / Equatorial Guinea / Eritrea / Eswatini / Ethiopia / Grenada / Guyana / India / Iran (Islamic Republic of) / Iraq / Jamaica / Kuwait / Lao People's Democratic Republic / Libya / Malaysia / Mauritania / Myanmar / Nigeria / Oman / Pakistan / Papua New Guinea / Qatar / Saint Kitts and Nevis / Saint Lucia / Saint Vincent and the Grenadines / Saudi Arabia / Singapore / Solomon Islands / Somalia / Sudan / Syrian Arab Republic / Tonga / Trinidad and Tobago / Uganda / United Arab Emirates / Yemen / Zimbabwe
• Themes list Moratorium
• Available languages مذكرة شفوية مؤرخة 16 نيسان/أبريل 2013 موجهة إلى الأمين العام من البعثة الدائمة لمصر لدى الأمم المتحدةNota verbal de fecha 16 de abril de 2013 dirigida al Secretario General por la Misión Permanente de Egipto ante las Naciones UnidasNote verbale datée du 16 avril 2013, adressée au Secrétaire général par la Mission permanente de l’Égypte auprès de l’Organisation des Nations UniesВербальная нота Постоянного представительства Египта при Организации Объединенных Наций от 16 апреля 2013 года на имя Генерального секретаря2013年4月16日埃及常驻联合国代表团给秘书长的普通照会

The Permanent Missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 71/187, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 17November 2016 and subsequently by the Assembly on 19 December 2016 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attemptto impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

• Document type United Nations report
• Countries list Antigua and Barbuda / Bangladesh / Barbados / Botswana / Brunei Darussalam / Chad / China / Democratic People's Republic of Korea / Egypt / Ethiopia / Grenada / Iran (Islamic Republic of) / Iraq / Jamaica / Kuwait / Libya / Malaysia / Maldives / Nigeria / Oman / Pakistan / Papua New Guinea / Saint Kitts and Nevis / Saint Lucia / Saint Vincent and the Grenadines / Saudi Arabia / Singapore / Sudan / Syrian Arab Republic / United Arab Emirates / Yemen / Zimbabwe
• Themes list Moratorium
• Available languages مذكرة شفوية مؤرخة 7 أيلول/سبتمبر 2017 موجهة إلى الأمين العام من البعثة الدائمة لمصر لدى الأمم المتحدةNota verbal de fecha 7 de septiembre de 2017 dirigida al Secretario General por la Misión Permanente de Egipto ante las Naciones Unidas.Note verbale datée du 7 septembre 2017, adressée au Secrétaire général par la Mission permanente de l’Égypte auprès de l’Organisation des Nations UniesВербальная нота Постоянного представительства Египта при Организации Объединенных Наций от 7 сентября 2017 года на имя Генерального секретаря2017 年 9 月 7 日埃及常驻联合国代表团给秘书长的普通照会

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

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

This ressource provided by the American Bar Association permits to help fill clemency petitions in the United States.

• Document type Arguments against the death penalty
• Themes list Clemency, Death Penalty,

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

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

The present report is submitted to the General Assembly pursuant to its resolution 65/206. It discusses the trend towards abolition of the death penalty and the establishment of a moratorium on execution. The report also reflects on the application of international standards relating to the protection of the rights of those facing the death penalty. It further discusses the importance of making available relevant information with regard to the use of the death penalty, which can contribute to transparent national debates and international and regional initiatives for the promotion of the universal abolition of the death penalty.

• Document type United Nations report
• Themes list Moratorium
• Available languages تقرير 2012 - وقف العمل بعقوبة الإعدامInforme 2012 - Moratoria del uso de la pena de muerteRapport 2012 - Moratoire sur l’application de la peine de mortДоклад 2012 - Мораторий на применение смертной казни2012报告 - 暂停使用死刑

Two trends accompanying the abolition of the death penalty give reason for concern: there is a striking increase in offences that carry the sanction of life imprisonment as the sanction which typically replaces the death penalty following abolition or a moratorium of the death penalty; and a striking increase in prisoners serving this indefinite sentence. Secondly, a differential, harsher treatment is applied to them as compared to other categories of prisoners. At the same time, the development of international standards in any affirmative–if not legally binding– form are lacking. As a consequence states are more frequently enforcing a form of punishment problematic in terms of international human rights standards and norms.

• Document type NGO report
• Countries list Kenya
• Themes list Trend Towards Abolition,

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

• Document type United Nations report
• Countries list Bahrain / Bangladesh / Botswana / Brunei Darussalam / Chad / China / Democratic People's Republic of Korea / Egypt / Ethiopia / Grenada / Iran (Islamic Republic of) / Iraq / Jamaica / Kuwait / Libya / Nigeria / Oman / Pakistan / Papua New Guinea / Qatar / Saint Kitts and Nevis / Saint Lucia / Saint Vincent and the Grenadines / Saudi Arabia / Singapore / Sudan / Syrian Arab Republic / United Arab Emirates / Yemen / Zimbabwe
• Themes list Moratorium
• Available languages مذكرة شفوية مؤرخة 13 أيلول/سبتمبر 2019 موجهة إلى الأمين العام من الممثل الدائم لمصر لدى الأمم المتحدةNota verbal de fecha 13 de septiembre de 2019 dirigida al Secretario Generalpor el Representante Permanente de Egipto ante las Naciones UnidasNote verbale datée du 13 septembre 2019, adressée au Secrétaire général par le Représentant permanent de l’Égypte auprès de l’Organisation des Nations UniesВербальная нота Постоянного представителя Египта при Организации Объединенных Наций от 13 сентября 2019 года на имя Генерального секретаря2019年9月13日埃及常驻联合国代表给秘书长的普通照会

This study reflect on the aspects of fairness and accuracy as foundation of the American criminal justice system. As the Supreme Court of the United States has recognized, these goals are particularly important in cases in which the death penalty is sought. A system cannot claim to provide due process or protect the innocent unless it offers a fair and accurate system for every person who faces the death penalty.

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

On 10 October 2021, the World Coalition Against the Death Penalty and other abolitionist organizations worldwide will celebrate the 19th World Day Against the Death Penalty.

This year the World Day is dedicated to women who risk being sentenced to death, who have received a death sentence, who have been executed, and to those who have had their death sentences commuted, have been exonerated or pardoned. Included in this theme, are trans women and other gender diverse individuals, who are a minority on death row but who are discriminated against on the basis of gender.

Capital punishment disproportionately targets socially marginalized individuals; it is no different for transgender people, who may face discrimination in every aspect of their lives.

• Document type Campaigning
• Themes list Women
• Available languages FICHE D’INTRODUCTION SUR LES PERSONNES TRANS PASSIBLES DE LA PEINE DE MORT

Twelve states and the District of Columbia do not impose the death penalty. The authors, all sociology professors at American universities, use the case-study method to examine why this is so. The factors they consider include murder rates, the history of executions, economic circumstances, public opinion, mass media, population diversity, and each state’s abolition of the death penalty. They also examine the role of a state’s social, cultural, and economic leaders in public debate on capital punishment. The states studied are Michigan, Wisconsin, Maine, Minnesota, North Dakota, Alaska, Hawaii, Iowa, and West Virginia, though there is also some discussion of Massachusetts, Rhode Island, Vermont, and the District of Columbia. Media reports and government documents were reviewed and legislators, civil servants, journalists, death-penalty activists, and others interviewed. Throughout, the authors express an abolitionist point of view, stating “We hope this book will provide practical information to those interested in furthering death penalty abolition in the United States and throughout the world.”

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

For the 18th World Day Against the Death Penalty this year is dedicated to the right to effective legal representation for individuals who face death sentences around the world. The theme of access to counsel reinforces the importance of fair trial standards in every legal system and judicial context.

• Document type Campaigning
• Countries list Maldives
• Themes list Fair Trial / Legal Representation

The Report of the UN Hugh Commissioner for human Rights provides a summary of the high-level discussion on the question of the death penalty, held on 4 March 2015, at the twenty-fifth session of the Council. The aim of the panel discussion was to exchange views on the question of the death penalty, and to address regional efforts aiming at the abolition of the death penalty and the challenges faced in that regard.

• Document type International law - United Nations
• Themes list Death Penalty,
• Available languages Обсуждение вопроса о смертной казни в рамках дискуссионной группы высокого уровня. Доклад Верховного комиссара Организации Объединенных Наций по правам человекаRéunion-débat de haut niveau sur la question de la peine de mort. Rapport du Haut-Commissaire des Nations Unies aux droits de l’homme死刑问题高级别小组讨论会. 联合国人权事务高级专员的报告Mesa redonda de alto nivel sobre la cuestión de la pena de muerte. Informe del Alto Comisionado de las Naciones Unidas para los Derechos Humanos

The present report is submitted to the General Assembly pursuant to its resolution 69/186. It discusses developments towards the abolition of the death penalty and the establishment of moratoriums on executions. The report also reflects on trends in the use of the death penalty, including the application of international standards relating to the protection of the rights of those facing the death penalty. It also discusses the role of national human rights institutions and private companies, as well as regional and international initiatives for advancing the abolition of the death penalty.

• Document type United Nations report
• Themes list International law, Moratorium , Trend Towards Abolition,
• Available languages Доклад 2016 - Мораторий на применение смертной казниRapport 2016 - Moratoire sur l’application de la peine de mort2016报告 - 暂停使用死刑Informe 2016 - Moratoria del uso de la pena de muerte

This Article uncovers the true costs of administering the death penalty in California by tracing how much taxpayers are spending for death penalty trials versus non–death penalty trials and for costs incurred due to the delay from the initial sentence of death to the execution.The article makes recomendations.

• Document type Article
• Countries list United States
• Themes list Sentencing Alternatives, Financial cost,

This toolkit is for activists working towards the abolition of the death penalty in the English-speaking Caribbean. Drawing on many years of Amnesty International’s work to promote all human rights and to oppose violations of those rights, including the death penalty, it provides practical tips and suggestions for advocacy and campaigning. It sets out key arguments and relevant international human rights standards and provides information about resources that activists can use to strengthen and broaden the campaign against the death penalty in the English-speaking Caribbean.

• Document type Campaigning
• Themes list Public debate, Country/Regional profiles,

This report has three broad sections. the first sets out the state of play of this issue in the 22 countries concerned. As well as the latest political developments, it examines the various national, regional and international protagonists. Particular attention has been paid to seven countries: Algeria, Jordan, lebanon, Morocco and tunisia in view of their legal progress towards abolition; and Egypt and Yemen for the energy of their abolitionist players. The second section identifies and analyses the relevant arguments against use of the death penalty, including the religious argument. Finally, the last section discusses the outlook for the future and suggests action and recommendations to strengthen the abolitionist movement. the report’s main aim is to encourage regional and sub-regional currents.

• Document type NGO report
• Themes list Religion , World Coalition Against the Death Penalty,
• Available languages كفاح ضد العقوبة الاعدام في العالم العربيLa Lutte contre la peine de mort dans le monde arabe

In 2003, the Missouri Supreme Court set aside the death sentence of Christopher Simmons, who was 17 when he was arrested for the murder of Shirley Crook. The Simmons court held that the “evolving standards of decency” embodied in the Eighth Amendment’s prohibition of cruel and unusual punishments barred execution of persons who committed capital crimes before their 18th birthday. This decision was based in part on the emerging legislative consensus in the states opposing execution of juvenile offenders and the infrequency with which the death penalty is imposed on juvenile offenders. The State sought a writ of certiorari, and the case is now before the U.S. Supreme Court. This article presents results of analyses of empirical data on the use of the death penalty for adolescent homicide offenders in state courts in the U.S. since 1990. The data shows that, since 1994, when death sentences for juvenile offenders peaked, juvenile death sentences have declined significantly. In particular, the decline in juvenile death sentences since 1999 is statistically significant after controlling for the murder rate, the juvenile homicide arrest rate, and the rate of adult death sentences. This downward trend in juvenile death sentences signals that there is an evolving standard in state trial courts opposing the imposition of death sentences on minors who commit capital offenses.

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

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

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

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

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

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

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

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,

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,

Why are death penalty provisions, convictions and executions so prevalent in China? This article aims to answer this question by way of defining China as a ‘state power’ based society characterized by a socialist social system. The prevalence of the death penalty in China can be explained in terms of the following factors: first, the death penalty is a political issue of state power; second, the death penalty is a crucial part of criminal policy in a ‘state power’-based society; third, the issue of whether to retain the death penalty is a political rather than a legal matter. The Chinese government has improved its death penalty system in recent years; however, the situation has not fundamentally changed. The future of death penalty policy and practice in China will depend primarily on legal rather than democratic developments. The death penalty serves as a focal point that can help illuminate issues of punishment and society in East Asia. Accordingly, this article will elaborate my theories regarding the death penalty in contemporary China, with the primary intent of elucidating the relationship between punishment and society in China.

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

Pursuant to Human Rights Council decision 18/117, the present report is submitted to update previous reports on the question of the death penalty. In his report the Secretary-General confirms that the trend towards the universal abolition of the death penalty is continuing. During the reporting period, initiatives limiting the use of the death penalty and implementing the safeguards guaranteeing protection of the rights of those facing the death penalty were also recorded in several States. A minority of States continued to use the death penalty, in contravention of international human rights law. As requested by the Council in its resolution 22/11, the report also includes information on the human rights of children of parents sentenced to the death penalty or executed.

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

This report highlights the death penalty situation and executions in Asian countries between 2010 and 2013. It also gives an overview over the legal protection measures for the mentally impaired and intellectually disabled in Asian countries where the death penalty is used. Furthermore, we have listed Asian countries that have acceded to the ICCPR and its Second Optional Protocol. We have also collected excerpts from international human rights documents. By using these documents for mutual reference, death penalty activists in Asia will be able to get a more comprehensive picture of the use of the death penalty and executions in Asian countries.

• Document type Article
• Themes list International law, Public debate, Most Serious Crimes,
• Available languages 亞洲不公平審判報告 II : 死刑並非亞洲的共同價值

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

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

This report is divided into three parts. In Part A, the Commission identifies flaws in California’s death penalty system that render it dysfunctional, and remedies we unanimously recommend to repair it. Repairing the system would enable California to achieve the national average of a twelve year delay between pronouncement of sentence and the completion of all judicial review of the sentence. In Part B, the Commission offers the Legislature, the Governor, and the voters of California information regarding alternatives available to California’s present death penalty law. The Commission makes no recommendation regarding these alternatives. In Part C, the Commission presents recommendations relating to miscellaneous aspects of the administration of California’s death penalty law. We were not able to reach unanimous agreement upon all of these recommendations, and dissents are noted where applicable. Commissioner Jerry Brown, Attorney General of California, agrees in principle with some of the Commission’s recommendations as set forth in his separate statement. Commissioner William Bratton, Chief of Police for the City of Los Angeles, abstains from the specific recommendations in this Report, and will issue a separate explanatory statement.

• Document type Government body report
• Themes list Networks,

Status of the ratification of the Protocol 13 ECHR

• Document type Regional body report
• Themes list International law,
• Available languages Italian : Ratifica del protocollo n° 13 alla Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali relativo all’abolizione delle pena di morte in ogni circostanzaGerman : Ratifizierung des Protokoll Nr. 13 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten bezüglich der Abschaffung der Todesstrafe unter allen UmständenРатификация протокола № 13 к Конвенции о защите прав человека и основных свобод относительно отмены смертной казни при любых обстоятельствахRatifcationes du protocole n° 13 à la Convention de sauvegarde des Droits de l'Homme et des Libertés fondamentales, relatif à l'abolition de la peine de mort en toutes circonstances

In 2020-2021, The Death Penalty Project, in partnership with Community Legal Aid Institute, LBH Masyarakat, commissioned The Death Penalty Research Unit (DPRU) at the University of Oxford, in association with University Centre of Excellence HIV/AIDS Research Centre-HPSI at Atma Jaya Catholic University of Indonesia (AJCU), to conduct the research building empirical knowledge on who is being convicted for drug offences and uncover the factors that have influenced their motivations and decision making. Interviews were conducted on 57 prisoners from a prison in Jakrata, Indonesia, all convicted for drug offences. This is the first stage of a larger mapping project, which will interview those convicted of drug offences and sentenced to death or life in prisons across Indonesia and Southeast Asia. It also compliments our two part opinion study on attitudes on capital punishment in Indonesia.

• Document type NGO report
• Countries list Indonesia
• Themes list Drug Offenses

In Africa, more than 80% of countries have abolished the death penalty in law or in practice, with only 10 countries executing within the past decade, said FIDH and DITSHWANELO in their joint study, “Triggers for the abolition of the death penalty in Africa: a Southern African perspective”.The 36 pages study identifies the triggers leading to the abolition of the death penalty in Africa. It was released simultaneously with a documentary called #Gambia has decided which shows the current abolitionist process experienced in The Gambia.

• Document type NGO report
• Available languages Les déclencheurs de l'abolition de la peine de mort en Afrique: une perspective de l'Afrique australe

On the occasion of the International Day against the Death Penalty, the Inter-American Commission on Human Rights (IACHR) urges member States of the Organization of American States (OAS) that retain the death penalty to abolish it, or to impose a moratorium on its application as a step toward abolition, and to ensure full compliance with decisions of the IACHR concerning death penalty cases. While a majority of the member States of the OAS has abolished capital punishment, a substantial minority retains it. The United States is currently the only country in the Western hemisphere to carry out executions.

• Document type Multimedia content
• Themes list Death Penalty, Statistics, Country/Regional profiles,
• Available languages Infografía: la Pena de Muerte en las Américas

Fifty-five (55) OSCE participating States have either completely abolished the death penalty or maintain moratoria on executions as an important first step towards abolition. However, in a global context where discussions focus on the threat of terrorism and a need to be tough on crime, it is perhaps not surprising that the question of reintroducing the death penalty surfaces at times, including in the OSCE region. It is, therefore, a good moment to reflect on the reasons why there is still support for the death penalty, considering the growing understanding that capital punishment is a cruel, inhuman and degrading punishment. Some of the most persistent arguments used to justify the use of the death penalty and its possible reintroduction will be discussed in the report.

• Document type International law - Regional body
• Themes list Trend Towards Abolition,

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,

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

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

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,

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

• Document type Article
• Themes list Mandatory Death Penalty,

Chivalry – that set of values and code of conduct for the medieval knightly class – has long influenced American law, from Supreme Court decisions to substantive criminal law doctrines and the administration of criminal justice. The chivalrous knight was enjoined to seek honor and defend it through violence and, in a society which enforced strict gender roles, to show gallantry toward “ladies” of the same class, except for the women of the knight’s own household, over whom he exercised complete authority. This article explores, for the first time, whether these chivalric values might explain sentencing outcomes in capital cases. The data for the article comes from our original study of 1299 first degree murder cases in California, whose death penalty scheme accords prosecutors and juries virtually unlimited discretion in making the death-selection decision. We examine sentencing outcomes for three particular types of murder where a “chivalry effect” might be expected – gang murders, rape murders and domestic violence murders. In cases involving single victims, the results were striking. In gang murders, the death sentence rate was less than one-tenth the overall death sentence rate. By contrast, in rape murder cases, the death sentence rate was nine times the overall death sentence rate. The death sentence rate for single-victim domestic violence murders was roughly 25% lower than the overall death sentence rate. We also examined, through this study and earlier California studies, more general data on gender disparities in death sentencing and found substantial gender-of-defendant and gender-of-victim disparities. Women guilty of capital murder are far less likely than men to be sentenced to death, and defendants who kill women are far more likely to be sentenced to death than defendants who kill men. We argue that all of these findings are consistent with chivalric norms, and we conclude that, in the prosecutors’ decisions to seek death and juries’ decisions to impose it, chivalry appears to be alive and well.

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

Has the imposition of death improved our stance in this battle for security of our fellow man? Does it have a “sting” in the sense of deterring man from killing men, women and children? Has society been victorious in preventing the killing? The simple answer is that the death penalty in America has done little to deter or prevent those inclined to kill from killing. Another concern is whether our system has terminated the lives of innocent individuals. 3 Under these circumstances, what should we as a society do insofar as our criminal justice system is concerned? In this article I seek to address those questions and ultimately recommend an overhaul in our death penalty approach. Is it time to …

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

The University of Oxford Death Penalty Research Unit, led by Professor Carolyn Hoyle, along with a network of human rights NGOs, including The Death Penalty Project, Eleos Justice, Harm Reduction International, Justice Project Pakistan, Project 39a, and ADPAN, have cooperated on a mapping project of foreign nationals at risk of capital punishment in Asia and the Middle East, initially funded by the ESRC.
These regions have a disproportionate number of migrants and others without citizenship detained for capital offences, including those convicted for drug crimes. Building on research, knowledge and expertise within the network, this collaborative database aims to collate and make available information on foreign nationals executed or under sentence of death.

• Document type Multimedia content

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

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

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns.

• Document type Book
• Themes list Trend Towards Abolition,

Pursuant to Human Rights Council decision 18/117, the present report is submittedin order to update previous reports on the question of the death penalty. The reportconfirms that the trend towards the universal abolition of the death penalty is continuing.However, numerous concerns remain with regard to the lack of respect for internationalhuman rights norms and standards in States that still impose the death penalty. Asrequested in Human Rights Council resolution 22/11, the report also includes informationon the human rights of children of parents sentenced to the death penalty or executed

• Document type NGO report
• Themes list Trend Towards Abolition,
• Available languages Question de la peine de mort: Rapport du Secrétaire général 2014La cuestión de la pena capital: Informe del Secretario General 2014مسألةعقوبةالإعدامتقريرالأمينالعام2014Вопрос о смертной казни: Доклад Генерального секретаря 2014死刑问题 秘书长的报告 2014

OSCE participating States have made a number of commitments regarding the death penalty, including to consider the potential abolition of capital punishment. In light of these commitments and its mandate, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) monitors trends and new developments regarding human rights standards and practices among OSCE participating States related to the death penalty. The findings are presented each year in the Background Paper on the Status of the Death Penalty in the OSCE Area. The background paper is based on the information provided by participating States, in the form of responses to ODIHR questionnaires.

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

Two decades after Iran ratified the Convention on the Rights of the Child, the authorities continue to show contempt for one of its core principles – the prohibition of the death penalty for juvenile offenders (people younger than 18 at the time of the crime). Indeed, Iran tops the grim global table of executioners of juvenile offenders.The report analyses the Iranian Penal System with regard to juvenile offenders, acknowledges the reforms, presents the recent trends and points out the major shortcomings that still need to be addressed in view of a full compliance of the Islamic Republic of Iran with the international standards.

• Document type NGO report
• Themes list Juveniles, Death Penalty, Country/Regional profiles,
• Available languages Iran: Synthèse et les conclusions du rapport sur la peine de mort en Iran.

The use of the death penalty in the U.S. declined by virtually every measure in 2015. The 28 executions this year marked the lowest number since 1991. As of December 15, fourteen states and the federal government have imposed 49 new death sentences this year, a 33% decline over last year’s total and the lowest number since the early 1970s when the death penalty was halted by the U.S. Supreme Court. Only six states conducted executions this year, the fewest number of states in 27 years. Eighty-six percent of executions this year were concentrated in just three states: Texas (13), Missouri (6), and Georgia (5). Executions in 2015 declined 20 percent from 2014, when there were 35. This year was the first time in 24 years that the number of executions was below 30.

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

This joint stakeholder report aims to provide up-to-date and useful information to understand the reality of the death penalty in the Islamic Republic of Iran, in view of the next review of Iran by the Working Group on the Universal Periodic Review (UPR) in November 2019. The substantive information was gathered from news, reports and testimonies from various local sources. Iran is one of the leading death-sentencing and executing states in the world. Despite some recent steps towards limiting the scope of the death penalty for drug-related crimes, Iran’s use of capital punishment remains non-transparent, arbitrary, and worrisomely broad in scope.

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

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 ,

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,

Continental Conference on the Death Penalty2-4 July 2014, Cotonou, BeninHuman Rights Organisations’ Manifesto for a Protocolto the African Charter on the Abolition of the Death Penalty in Africa

• Document type Working with...
• Themes list International law,
• Available languages Manifeste pour un Protocole à la Charte africaine sur l’abolition de la peine de mort en Afrique

This report documents the laws and policies that states have adopted to make information about executions inaccessible to the public, to pharmaceutical companies, and to condemned prisoners. It describes the dubious methods states have used to obtain drugs, the inadequate qualifications of members of the execution team, and the significant restrictions on witnesses’ ability to observe how executions are carried out.

• Document type NGO report
• Themes list Transparency, Lethal Injection, Death Penalty,

Drawing on his own extensive advocacy experience in individual death row cases, Knowles traces the history of capital punishment in the UK, and in particular, the sequence of events that led to its abolition and analyses the impact that domestic and international law would have on any attempt to reintroduce it.Many lessons can be learnt from the United Kingdom’s experience. The movement to abolition was brought about by a combination of factors, including Parliamentary campaigning; changing attitudes towards social and penal affairs; and significantly, public disquiet over three controversial executions in the 1950s and a shocking series of miscarriages of justice cases that came to light in subsequent years.

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

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

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

Europe is today the only region in the world where the death penalty has been almost completely abolished. In the Council of Europe’s 45 member states, including the European Union’s 15 member states and its 13 candidate countries, capital punishment is no longer applied. The Council of Europe played a pioneering role in the battle for abolition, believing that the death penalty has no place in democratic societies under any circumstances. This determination to eradicate the death penalty was reflected in Protocol No.6 to the European Convention on Human Rights, on the abolition of the death penalty in peacetime, which was adopted in April 1983, then in Protocol No.13 on the abolition of the death penalty in all circumstances, adopted in May 2002.Introduced by Roger Hood, an international expert on death penalty legislation, this book reviews the long and sometimes tortuous path to abolition in Europe. It also addresses the tangible problems which countries face once the death penalty has been abolished, and related issues: the situation of murder victims’ families and alternatives to capital punishment, particularly the choice of a substitute sentence.The Council of Europe’s campaign for abolition is currently being pursued beyond Europe’s borders, in those states which have Observer status with the organisation, particularly the United States and Japan: the situation in these countries is discussed here.This publication will be of interest to all those who feel concerned by this issue, particularly members of NGOs, lawyers, officials in departments dealing with legal and criminal affairs, and human rights campaigners.

• Document type Book
• Countries list France
• Available languages Peine de mort - Après l'abolition

Pursuant to Human Rights Council decision 18/117, the present report is submitted to update previous reports on the question of the death penalty. The report confirms that the trend towards the universal abolition of the death penalty is continuing. However, a minority of States continued to use the death penalty in contravention of international human rights law. As requested in Human Rights Council resolution 22/11, the present report also includes information on the human rights of children of parents sentenced to the death penalty or executed.

• Document type International law - United Nations
• Themes list Trend Towards Abolition,
• Available languages Вопрос о смертной казни Доклад Генерального секретаря 2016Question de la peine de mort: Rapport du Secrétaire général 2016死刑问题 秘书长的报告 2016La cuestión de la pena capital: Informe del Secretario General 2016

Saudi Arabia uses the death penalty as an instrument against individuals, society and freedoms. It is used far away from any international laws and frameworks as it is applied sometimes on children. These practices have become an approach that includes numerous violations as well as denial of the right to life, such as arbitrary detention, torture and unfair trials. As the world revives the anti-death penalty day on October 10, the European Saudi organization for Human Rights (ESOHR) illuminates it through its figures, the issues it has documented and the campaigns it has led. Through the articles published ESOHR tries to show the usage of the death penalty by the Saudi government as a mean to achieve its goals and to impose silence.

• Document type Multimedia content
• Countries list Saudi Arabia
• Themes list Death Penalty, Country/Regional profiles,

Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa.

• Document type Book
• Themes list Trend Towards Abolition,

The death penalty is a violation of the right to life; however, its use in the DPRK has, overthe years, been particularly extensive and substantially different from other countries. Thisis partly due to the DPRK’s totalitarian system, characterized by widespread and systematichuman rights violations that aim at maintaining social order and political control.While the government of the Republic of Korea (also known as South Korea) has retained thedeath penalty, it is considered to be abolitionist in practice, having carried out no executionssince December 1997. By contrast, the DPRK has consistently used the death penalty, and hasnever allowed any organization to investigate the matter. Nevertheless, information derivedfrom witness observations and the few existing reliable reports, reveal thousands of executionssince the 1950s, with the largest numbers in the 1990s and the 2000s. Since 2010, dozens ofpeoplehavebeenexecuted.TheDPRK’sintensesecrecyjustifiestheconclusionthattheselargenumbersarelowerthantheactualfiguresinreality.

• Document type NGO report
• Themes list Country/Regional profiles,
• Available languages La peine de mort en Corée du Nord : dans les rouages d’un État totalitaire

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

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

Maurice Chammah (The Marshall Project) explores the rise and fall of capital punishment in Texas where it appears to durably decline in spite of the state’s long use of the death penalty.

• Document type Book
• Countries list United States
• Themes list Public Opinion 

8 Myths about the death penalty are explored in this text: 1. the death penalty is needed to keep society safe, 2. the death penalty is applied fairly, 3. the death penalty is used worldwide, 4. the death penalty deters crime, 5. execution is cheaper than permanent imprisonment, 6. the death penalty offers justice to victims’ families, 7. only the truly guilty get the death penalty, 8. religious teachings support the death penalty.

• Document type Arguments against the death penalty
• Themes list Networks,
• Available languages Mitos y Realidades de la Pena de Muerte

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,

Determinants of the Death Penalty seeks to explain the phenomenon of capital punishment – without recourse to value judgements – by identifying those characteristics common to countries that use the death penalty and those that mark countries which do not. This global study uses statistical analysis to relate the popularity of the death penalty to physical, cultural, social, economical, institutional, actor oriented and historical factors. Separate studies are conducted for democracies and non-democracies and within four regional contexts. The book also contains an in-depth investigation into determinants of the death penalty in the USA.

• Document type Book
• Themes list Networks,

Meet the Bloggers talks about the death penalty with two anti death penalty campaigners. The cases of Troy Davis and Montell Johnson are discussed and issues such as discrimination, retribution, the cost of the death penalty, religion and sentencing alternatives are touched upon. Short clips on the Death Penalty in Mexico, Amnesty Internationals campaign and how you can help fight the death penalty are all discussed here.

• Document type Arguments against the death penalty
• Themes list Networks,

This study reports the findings of a major public opinion survey of the views of a representative sample of 1,535 Malaysian citizens on this issue. A large majority said they were in favour of the death penalty, whether mandatory or discretionary: 91% for murder, 74 to 80% for drug trafficking depending on the drug concerned, and 83% for firearms offences. Concerning the mandatory death penalty, a majority of 56% said they were in favour of it for murder, but only between 25% and 44% for drug trafficking and 45% for firearms offences. When asked to say what sentences they would themselves impose on a series of ‘scenario’ cases, all of which were subject to a mandatory death sentence, a large gap was found between the level of support ‘in theory’ and the level of support when faced with the ‘reality

• Document type NGO report
• Themes list Capital offences, Public opinion, Retribution, Trend Towards Abolition, Innocence, Mandatory Death Penalty,

Attitudes toward the death penalty are multifaceted and strongly held, but little research outside of the death-qualification literature has focused on the role that such attitudes and beliefs play in jurors’ capital sentencing verdicts. A single item is insufficient to properly measure attitudes toward the death penalty; therefore, a new 15-item, 5-factor scale was constructed and validated. Use of this scale in 11 studies of capital jury decision making found a large effect of general support of the death penalty on sentencing verdicts as well as independent aggravating effects for the belief that the death penalty is a deterrent and the belief that a sentence of life without parole nonetheless allows parole. These effects generally were not completely mediated by, nor did attitudes moderate the effects of, aggravating and mitigating factors.

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

The Oklahoma Death Penalty Review Commission (Commission) came together shortly after the state of Oklahoma imposed a moratorium on the execution of condemned inmates. In late 2015, Oklahoma executions were put on hold while a grand jury investigated disturbing problems involving recent executions, including departures from the execution protocols of the Department of Corrections. The report of the grand jury, released in May of 2016, was highly critical and exposed a number of deeply troubling failures in the final stages of Oklahoma’s death penalty

• Document type NGO report
• Themes list World Coalition Against the Death Penalty, Death Penalty,

Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today.

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

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,

Death sentences in Ghana continue to be imposed. At the end of 2016, 148 people were on death row, all sentenced to death for murder. While the last executions were carried out in July 1993, there is no official moratorium on executions in Ghana. Research carried out by Amnesty International in Ghana has highlighted concerns with the use of the death penalty, access to fair trial rights and poor prison conditions. Amnesty International calls on the Ghanaian authorities to commute the death sentences of all people on death row and to abolish the death penalty for all crimes.

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

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 type NGO report
• Available languages СНГ: Смертная казнь уходит в прошлое, но сделано пока недостаточно

This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse.The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the ‘death row phenomenon’ and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.

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