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Document(s)

The death penalty in China today: Kill fewer, kill cautiously

By Susan Trevaskes / Asian Survey, on 1 January 2008


2008

Article

China


More details See the document

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,

Document(s)

The Waiver and Withdrawal of Death Penalty Appeals as “Extreme Communicative Acts”

By Avi Brisman / Western Criminology Review, on 1 January 2010


2010

Article

United States


More details See the document

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,

Document(s)

When Law and Ethics Collide — Why Physicians Participate in Executions

By Atul Gawande / New England Journal of Medecine 354(12), 1-13., on 1 January 2006


2006

Article

United States


More details See the document

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

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

Document(s)

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

By United Nations, on 1 January 1989


1989

United Nations report

arrufrzh-hantes
More details See the document

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(s)

PUBLIC OPINION ON THE MANDATORY DEATH PENALTY IN TRINIDAD: A SUMMARY OF THE MAIN FINDINGS OF A SURVEY

By Florence Seemungal / Roger Hood / The Death Penalty Project, on 1 January 2011


2011

NGO report


More details See the document

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,

Document(s)

Mandatory Justice: Eighteen Reforms to the Death Penalty

By The Constitution Project, on 1 January 2001


2001

NGO report


More details See the document

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,

Document(s)

The death penalty in the Arab world: Study on the death penalty in some Arab countries

By Arab Penal Reform Organization APRO, on 1 January 2007


2007

NGO report

ar
More details See the document

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(s)

The Death Penalty in Lesotho: The Law and Practice

By Moses O A Owori / British Institute of International and Comparative Law, on 1 January 2004


2004

NGO report


More details See the document

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 ,

Document(s)

Tanzania Human Rights Reports 2009: Incorporating Specific Part on Zanzibar

By Clarence Kipobota / Legal and Human Rights Centre, on 1 January 2010


2010

NGO report


More details See the document

The statistical information suggests that despite the executions that were done between 1961 and 1995, incidents of offences punishable by the death penalty were increasing and are still on the rise, from 46 convicts in 1961 to 2,562 in 2007. This report briefly describes the death penalty system in Tanzania.

  • Document type NGO report
  • Themes list Statistics,

Document(s)

Tanzania Human Rights Report 2008: Progress through Human Rights

By Sarah Louw / Clarence Kipobota / Legal and Human Rights Centre, on 1 January 2009


2009

NGO report


More details See the document

Tanzania is one of 25 countries in the world that continues to retain the death penalty in its legislation.56 However, de facto, Tanzania is an abolitionist country, as there have been no executions in Tanzania since 1994. Chapter 2.1.1 describes the position of the death penalty in Tanzania.

  • Document type NGO report
  • Themes list Statistics,

Document(s)

REPORT ON THE CRIMINAL JUSTICE SYSTEM IN TRINIDAD AND TOBAGO

By Bar Human Rights Committee, on 1 January 2003


2003

NGO report


More details See the document

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,

Document(s)

The Universal Declaration of Human Rights

By United Nations, on 1 January 1948


1948

United Nations report

arrufrzh-hantes
More details See the document

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(s)

Convention on the Rights of the Child

By United Nations, on 1 January 1989


1989

United Nations report

arrufrzh-hantes
More details See the document

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(s)

ICCPR Case Law on Detention, the Prohibition of Cruel Treatment and Some Issues Pertaining to the Death Row Phenomenon

By Eva Rieter / Journal of the Institute of Justice and International Studies, on 1 January 2002


2002

Article


More details See the document

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,

Document(s)

AMERICAN CONVENTION ON HUMAN RIGHTS “PACT OF SAN JOSE, COSTA RICA”

By Organization of American States, on 8 September 1969


1969

United Nations report

es
More details See the document

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(s)

PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

By Organization of American States, on 1 January 1990


1990

Regional body report

es
More details See the document

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

Document(s)

AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS

By African Commission on Human and Peoples' Rights, on 8 September 1981


1981

United Nations report

fr
More details See the document

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(s)

Arab Charter on Human Rights

By League of Arab States, on 1 January 2004


2004

Regional body report

arfr
More details See the document

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(s)

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

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


2007

Government body report


More details See the document

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

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

Document(s)

Report to the Committee on Defender Services Judicial Conference of the United States – Update on the Cost and Quality of Defense Representation in Federal Death Penalty Cases

By Lisa Greenman / Jon B. Gould / Office of Defender Services of the Administrative Office of the U.S. Courts, on 8 September 2020


2020

NGO report

United States


More details See the document

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,

Document(s)

‘A “Most Serious Crime”? – The Death Penalty for Drug Offences and International Human Rights Law’

By Rick Lines / Amicus Journal, on 1 January 2010


2010

Article


More details See the document

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,

Document(s)

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

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


2020

Article

United States


More details See the document

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

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

Document(s)

The Professional Obligation to Raise Frivolous Issues in Death Penalty Cases

By Monroe H. Freedman / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

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,

Document(s)

Convicting the Innocent

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


2008

Article

United States


More details See the document

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

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

Document(s)

CHINA’S DEATH PENALTY REFORMS

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


2007

NGO report


More details See the document

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

  • Document type NGO report
  • Themes list Networks,

Document(s)

So You Want to Start an Innocence Project

By Sheila Martin Berry / Truth in Justice, on 1 January 2011


2011

Campaigning


More details See the document

This document gives advice and help to those wishing to create an innocence project. The topics covered are varied and detail what is required in terms of office space, professional skills, etc.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Innocence and the Death Penalty

By Death Penalty Focus, on 1 January 2011


Arguments against the death penalty


More details See the document

The wrongful execution of an innocent person is an injustice that can never be rectified. Since the reinstatement of the death penalty, 139 men and women have been released from death row nationally.

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

Document(s)

International Views on the Death Penalty

By Death Penalty Focus, on 1 January 2011


Arguments against the death penalty


More details See the document

The vast majority of countries in Western Europe, North America and South America – more than 139 nations worldwide – have abandoned capital punishment in law or in practice. This document goes through the death penalty status of countries world wide.

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

Document(s)

Death Penalty Debate

By Council of Europe, on 1 January 2009


2009

Arguments against the death penalty


More details See the document

During a televised panel discussion on the death penalty on 9th October, Slovenian law professor Dragan Petrovec said victims should play no role in the sentencing of offenders. ”The victim is never objective,” he said. ”Victims can’t be judges.” The discussion, organised by the Council of Europe to mark the European day against the death penalty, also featured Sweden’s Human Rights Ambassador Jan Axel Nordlander. Council of Europe’s Head of Department Jeroen Schokkenbroek said the organisation was critical of the United States and Japan over their use of the death penalty . He added that ”dialogue was continuing” with both countries towards ending the practice.

  • Document type Arguments against the death penalty

Document(s)

Council of Europe Goodwill Ambassador Bianca Jagger on the campaign against the Death Penalty

By Council of Europe, on 1 January 2011


2011

Arguments against the death penalty


More details See the document

This podcast is interview with the Goodwill Ambassador Bianca Jagger. She talksabout murder victims’ families, deterrence, a moratorium on executions and the trend towards abolition.

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

Document(s)

Stop the Death Penalty: Worldwide Abolition Now

By Amnesty International, on 1 January 2007


2007

Arguments against the death penalty

arfres
More details See the document

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

Document(s)

The Logical Framework Approach

By Greta Jenson / Bond - For International Development, on 1 January 2010


2010

Campaigning


More details See the document

The logframe is a tool for concisely describing the results of an LFA project design process, as it summarises in a standard format: What the project is going to achieve, what activities will be carried out, what means/resources/inputs (human, technical, infrastructural, etc.) are required, what potential problems could affect the success of the project, how the progress and ultimate success of the project will be measured and verified.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Monitoring and Evaluation

By Louisa Gosling / Bond - For International Development, on 1 January 2010


Campaigning


More details See the document

Monitoring is the routine tracking of the key elements of programme/project performance, usually inputs and outputs and some of the outcomes, through record-keeping, regular reporting and surveillance systems as well as observation and studiesyour. Evaluation attempts to link a particular output or outcome directly to an intervention after a period of time has passed. An evaluation is usually carried out at some significant stage in the project’s development, e.g. at the end of a planning period, as the project moves to a new phase, or in response to a particular critical issue. This guide explains how to conduct monitoring and evaluation of your projects.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Advocacy and Campaigning

By Ian Chandler / Bond - For International Development, on 1 January 2010


Campaigning


More details See the document

This guide describes the functions of advocacy and campaigning and provides instructions on how to approach and who participates in advocacy and campaigning.

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Fundraising from Trusts, Foundations and Companies

By Billy Bruty / Bond - For International Development, on 1 January 2010


Working with...


More details See the document

Each trust has a legally binding trust deed that defines the beneficiaries, objectives and geographical area for its charitable activities. The more narrowly defined trusts may only support a certain age group, cause or locality. Those trusts with a wide remit will often be legally defined with objectives that are for “General Charitable Purposes” with “Worldwide Beneficiaries”. Many trusts will also change their policies to focus on topical or specific geographical priorities. It’s important to know where the heart of decision making lies and it can be very different across a number of trusts, and change according to the different stages of their ‘lifecycle’.

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

Document(s)

Racial Bias

By National Coalition Against the Death Penalty, on 1 January 2014


2014

Arguments against the death penalty


More details See the document

This webpage provides information on the link between racism and the death penalty in the United States.

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

Document(s)

Fundraising from Institutions

By Angela James / Bond - For International Development, on 1 January 2010


2010

Working with...


More details See the document

Donor funds are under intense pressure and receive applications from many more civil society organisations than they are able to fund. When you have identified your project and are ready to look for funding, you will want to present it to the most appropriate donor in the most effective way. This guide gives you the essential information about institutional donors who operate a two stage application process.

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

Document(s)

Zhao Zuohai: Beaten, Framed and Jailed for a Murder that Never Happened

By Clifford Coonan / The Independent, on 1 January 2010


Legal Representation


More details See the document

The first act took place in 1999, when the dirt-poor farmer from Henan province had a violent argument with a fellow peasant, Zhao Zhenshang. His opponent, no relation despite a shared surname, disappeared into thin air. Later a headless, decomposed corpse was found in a well, and produced as evidence of Zhao Zuohai’s murderous deed. He was tortured, forced to confess and received the inevitable death sentence, before eventually winning a reprieve from the firing squad and having his sentence commuted to a 29-year jail term.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Ross, Colin Campbell Eadie (1892 – 1922)

By Australian Dictionary of Biography , on 8 September 2020


2020

Academic report

Australia


More details See the document

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

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

Document(s)

17 Indians Tortured, Sentenced to Death

By Amnesty International, on 1 January 2010


2010

Legal Representation

es
More details See the document

Seventeen Indian migrant workers have been sentenced to death in the United Arab Emirates (UAE), after an unfair trial, for the murder of a Pakistani national.Some of the 17 are said to have been tortured to make them “confess.” They may be at risk of further torture.

Document(s)

Witness to Innocence – from death row to freedom

By Witness to Innocence, on 8 September 2020


2020

Academic report

United States


More details See the document

Errors have been made repeatedly in death penalty cases because of: poor legal representation, racial prejudice, prosecutorial misconduct, the presentation of erroneous evidence, false confession, junk science, eyewitness error. Once convicted, a death row prisoner faces enormous obstacles in convincing any court that he or she is innocent.

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

Document(s)

Iran must halt execution of web programmer

By Amnesty International - Canada, on 1 January 2012


2012

Legal Representation


More details See the document

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

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

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

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


2020

Academic report

United States


More details See the document

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

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

Document(s)

Akmal Shaikh

By Reprieve, on 1 January 2009


2009

Legal Representation


More details See the document

It was during this time Akmal met a man who claimed to be in the music industry; he told Akmal he could help him realise his dream of becoming a pop, When Akmal landed in China on 12 September 2007 the police stopped him, searched his bag, where they alleged they found around 4 kg of heroin, and arrested him on drug charges sensation and sent him to Kyrgyzstan to meet with his “colleagues”. In Kyrgyzstan Akmal was asked to accompany one of the men to China. The man claimed to own a nightclub there and said he wanted Akmal to sing in his club. Excited at the prospect, Akmal agreed to travel to China with him; Before boarding the plane Akmal was asked to carry this mans suitcase, he did so without knowing that there were drugs in it.

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

Cost

By National Coalition Against the Death Penalty, on 1 January 2014


2014

Arguments against the death penalty


More details See the document

This document provides information on the cost of death penalty cases in the United States.

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

Document(s)

Human Rights and the Death Penalty in the United States

By The Advocates for Human Rights, on 8 September 2020


2020

Arguments against the death penalty


More details See the document

This sheet details what human rights are in relation to the death penalty and the USA. It discusses racism, inadequete legal representation and the unjustifiable cost of the death penalty in the US.

  • Document type Arguments against the death penalty

Document(s)

The Political Sociology of the Death Penalty: A Pooled Time-Series Analysis

By Jason T. Carmichael / David Jacobs / American Sociological Review, on 1 January 2002


2002

Article

United States


More details See the document

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,

Document(s)

Why an Independent Appointed Authority Is Necessary to Choose Counsel for Indigent People in Capital Punishment Cases

By Ronald J. Tabak / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

The revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases require that an agency “independent of the judiciary” be responsible for “ensuring that each capital defendant in the jurisdiction receives high quality legal representation.” This independent agency “and not the judiciary or elected officials should select lawyers for specific cases.” These mandates reflect two realities that have become overwhelmingly clear: (1) judges—whether initially elected, subject to retention elections, or appointed—are subject to political pressures in connection with capital punishment cases; and (2) lawyers whom judges have appointed in capital punishment cases have frequently been of far lower quality than could have been selected.

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

Document(s)

Deciding Death

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


2007

Article

United States


More details See the document

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

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

Document(s)

The Innocence Protection Act of 2001

By Senator Patrick Leahy / Hofstra Law Review, on 1 January 2001


2001

Article

United States


More details See the document

The goal of our bill is simple, but profoundly important: to reduce the risk of mistaken executions. The Innocence Protection Act proposes basic, common-sense reforms to our criminal justice system that are designed to protect the innocent and to ensure that if the death penalty is imposed, it is the result of informed and reasoned deliberation, not politics, luck, bias, or guesswork. We have listened to a lot of good advice and made some refinements to the bill since the last Congress, but it is still structured around two principal reforms: improving the availability of DNA testing, and ensuring reasonable minimum standards and funding for court-appointed counsel.

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

Document(s)

A New Profession for an Old Need: Why a Mitigation Specialist Must be Included on the Capital Defense Team

By Pamela Blume Leonard / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

The fundamental task of the mitigation specialist is to conduct a comprehensive social history of the defendant and identify all relevant mitigation issues. The 2003 revised edition of the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases recognizes the mitigation specialist as an “indispensable member of the defense team throughout all capital proceedings.” What are the particular responsibilities and contributions of a mitigation specialist and what makes them so essential to the capital defense team as to warrant this long overdue recognition by the ABA Guidelines?

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

Document(s)

The Guiding Hand of Counsel’ and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases

By Robin M. Maher / Hofstra Law Review, on 1 January 2003


Article

United States


More details See the document

The ABA has long been concerned with the provision of effective counsel for all criminal defendants, especially for those facing the death penalty. In 1989, the ABA first published its Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, which detailed the kind of competent, effective legal representation that all capital defendants were entitled to receive. Earlier this year, after a two-year effort drawing upon the expertise of a broad group ofdistinguished and experienced judges, lawyers, and academics, the ABA House of Delegates overwhelmingly approved revisions to those Guidelines to update and expand upon the obligations of death penalty jurisdictions to ensure due process of law and justice. “These Guidelines are not aspirational.” They articulate a national standard of care and the minimum that should be required in the defense of capital cases.

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

Document(s)

Litigating in the Shadow of Death

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


2006

Article

United States


More details See the document

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

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

Document(s)

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

By Michael Mello / Criminal Justice, on 1 January 2007


2007

Article

United States


More details See the document

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

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

Document(s)

The Defense Team in Capital Cases

By Jill Miller / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

Fairness for those defendants facing the ultimate punishment of death requires that they be afforded zealous advocacy by competent counsel, and that counsel be provided with the resources necessary to effectively represent their clients. Stating that “[o]ur capital system is haunted by the demon of error, error in determining guilt, and error in determining who among the guilty deserves to die,” Governor Ryan cited many deficiencies in the justice system in Illinois, including poor lawyering and inadequate resources for defense counsel, in arriving at his decision to commute all death sentences. Over the years the imposition of the death penalty has too often been a function of unqualified counsel or counsel who lacked the resources, including time, funding, and provision of investigative, expert and supportive services, to competently represent their clients, rather than a reasoned decision based on the circumstances of the crime and the background and character of the defendant.

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

Document(s)

Preventing the Execution of the Innocent: Testimony Before the House Judiciary Committee.

By Peter Neufeld / Hofstra Law Review, on 1 January 2001


2001

Article

United States


More details See the document

There have been at least sixty-seven postconviction DNA exonerations in the United States. Our Innocence Project at the Benjamin N. Cardozo School of Law has either assisted or been the attorney of record in thirty-nine of those cases, including eight men who served time on death row. For all of these men, existing appellate remedies failed to catch the mistakes and correct the injustice. In one third of the exonerations, bad lawyering contributed to their convictions yet in only one case was ineffective assistance of counsel recognized by an appellate court. Mistaken eyewitness identification was a critical factor in almost 90% of the unjust convictions yet not a single trial or appellate court found the eyewitness testimony to be unreliable.

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

Document(s)

Errors and Ethics: Dilemmas in Death

By Penny J. White / Hofstra Law Review, on 1 January 2001


Article

United States


More details See the document

In the last five years, the death penalty has become a frequent topic of discussion. While discussion of such an emotive topic is not unusual for any period in history, the tenor of the recent dialogue is unusual. For the most part, the discussion centers around the problems with capital punishment, particularly its inaccuracy and unfairness. This Article begins in Part II with a discussion of recent claims about the frequency of errors in capital cases. Part III enumerates and discusses the factors generally thought to be the cause of the errors. Part IV details new rules recently adopted in one jurisdiction in an effort to eliminate the errors. Part IV also suggests that these new rules, though worthwhile, are actually a reiteration of long-standing ethical obligations of judges and lawyers, the breach of which is responsible for many of the errors. Part V recommends additional remedies which the bench and the bar must take if there is a true commitment to providing a fair, just, and reliable system for determining who the government is entitled to kill.

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

Document(s)

Inadequete Legal Representation

By Death Penalty Focus, on 8 September 2020


2020

Arguments against the death penalty


More details See the document

Perhaps the most important factor in determining whether a defendant will receive the death penalty is the quality of the representation he or she is provided. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases.

  • Document type Arguments against the death penalty
  • Themes list Legal Representation,

Document(s)

International Law Issues in Death Penalty Defense

By Richard J. Wilson / Hofstra Law Review, on 1 January 2003


2003

Article

United States


More details See the document

This short article will explore some additional issues regarding the relationship between international law and the death penalty. First, it will discuss some additional aspects of the representation of foreign nationals in capital cases. Second, it will discuss additional instances in which defense counsel can make international law arguments, regardless of the client’s nationality. Third, because international law issues are new to most lawyers in the United States, even those who are seasoned in capital litigation, it will suggest some alternative ways in which international law arguments can be made. The conclusion will put theUnited States experience with the death penalty into the broader context of world practice on the death penalty.

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

Document(s)

Congressional Power to Require DNA Testing

By Larry Yackle / Hofstra Law Review, on 1 January 2001


2001

Article

United States


More details See the document

Many states fail to conduct, or even to permit, DNA testing of biological materials in circumstances in which the results might exonerate convicts under sentence of death. Senator Patrick Leahy thinks that Congress should enact a statute requiring states to provide for testing when it promises to reveal the truth. Leahy’s idea is sensible as a matter of policy. I mean in this Article to argue that it is also constitutionally feasible.

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

Document(s)

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

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


2007

Book


More details See the document

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

  • Document type Book

Document(s)

Alternatives to the Death Penalty: The Problems with Life Imprisonment

By Penal Reform International, on 1 January 2007


Arguments against the death penalty


More details See the document

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

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

Document(s)

Alternatives to the Death Penalty

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


2008

Arguments against the death penalty


More details See the document

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

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

Document(s)

The High Cost of the Death Penalty

By Death Penalty Focus, on 8 September 2020


2020

Arguments against the death penalty


More details See the document

A fact sheet on the cost of the death penalty in the United States. Life emprisonment without parole is suggested.

  • Document type Arguments against the death penalty
  • Themes list Transparency, Death Penalty, Financial cost,

Document(s)

Deterrence

By Death Penalty Focus, on 8 September 2020


Arguments against the death penalty


More details See the document

Scientific studies have consistently failed to demonstrate that executions deter people from committing crime anymore than long prison sentences.

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

Document(s)

Racial Disparities

By Death Penalty Focus, on 1 January 2009


2009

Arguments against the death penalty


More details See the document

The race of the victim and the race of the defendant in capital cases are major factors in determining who is sentenced to die in this country. In 1990 a report from the General Accounting Office concluded that “in 82 percent of the studies [reviewed], race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty, i.e. those who murdered whites were more likely to be sentenced to death than those who murdered blacks.

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

Document(s)

State Secrets: China’s Legal Labyrinth

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


2020

NGO report

China


More details See the document

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

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

Document(s)

Juvenile Death Penalty: Is It Cruel and Unusual in Light of Contemporary Standards

By American Bar Association / Adam Caine Ortiz, on 1 January 2003


2003

NGO report


More details See the document

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

  • Document type NGO report
  • Themes list Juveniles,

Document(s)

Wrongful Convicitions in Californian Capital Cases

By Death Penalty Focus, on 1 January 2008


2008

Legal Representation


More details See the document

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

  • Document type Legal Representation
  • Themes list Networks,

Document(s)

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

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


2020

NGO report

India


More details See the document

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

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

Document(s)

Death sentences and executions in 2008

By Amnesty International, on 1 January 2009


2009

NGO report

arrufres
More details See the document

This document summarises Amnesty International’s global research on the death penalty. Information was gathered from various sources including official statistics (where available), non-governmental and inter-governmental organizations, human rights defenders, the media and interviews with survivors of human rights violations.

Document(s)

Japan: Hanging by a thread: Mental health and the death penalty in Japan

By Amnesty International, on 1 January 2009


NGO report


More details See the document

The use of the death penalty is in decline globally. Japan is one of the few industrialized countries to continue to use it, hanging a small number of prisoners each year. This report discusses the legal basis for exempting mentally ill prisoners from the death penalty and documents the situation faced by such prisoners on death row in Japan. It calls on the authorities to ensure that mentally ill prisoners are not executed and to implement a moratorium on the death penalty.

  • Document type NGO report
  • Themes list Mental Illness,

Document(s)

The death penalty worldwide: Developments in 1999

By Amnesty International, on 1 January 2000


2000

NGO report

fres
More details See the document

This paper is an attempt to cover developments during 1999 and provide information current at the end of the year concerning the death penalty worldwide, different aspects of its use and attempts to abolish it or reduce its application.

Document(s)

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

By Amnesty International, on 8 September 2020


2020

NGO report

Japan

enes
More details See the document

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

Document(s)

The death penalty worldwide: Developments in 2000

By Amnesty International, on 1 January 2001


2001

NGO report

arfres
More details See the document

This paper covers events around the exercise of the death penalty during the year 2000, including such subjects as significant national and international court cases and decisions; important studies; the use of the death penalty against the mentally ill and those with mental retardation; its use against the `innocent’ and against women; medical and religious perspectives and public opinion polls and surveys.

Document(s)

Ghana: Briefing on death penalty

By Amnesty International, on 1 January 2000


2000

NGO report

fres
More details See the document

As the Presidential elections approach in Ghana, Amnesty International is renewing its call for steps towards abolishing the death penalty, after seven years without any executions. This document describes the current use of the death penalty, giving details of those currently under sentence of death and describing the death penalty under Ghanaian law and international law

Document(s)

Singapore: The death penalty – A hidden toll of executions

By Amnesty International, on 8 September 2020


2020

NGO report

Singapore

fr
More details See the document

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

Document(s)

Socialist Republic of Viet Nam: The death penalty – recent developments

By Amnesty International, on 8 September 2020


NGO report

Viet Nam


More details See the document

This document contains information about the recent developments in Vietm Nam regarding the death penalty. Amnesty International welcomes the reduction in the number of offenses punishable by the death penalty. However, the organization remains concerned that there is still a broad range of offenses which are punishable by the death penalty.

  • Document type NGO report
  • Countries list Viet Nam

Document(s)

Zambia: Time to abolish the death penalty

By Amnesty International, on 1 January 2001


2001

NGO report


More details See the document

This report aims at focusing attention on the country’s use of the death penalty, particularly as Zambia does not apply international standards for fair trials in its use of the death penalty.

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

Document(s)

The exclusion of child offenders from the death penalty under general international law

By Amnesty International, on 1 January 2003


2003

NGO report

fres
More details See the document

In October 2002 the Inter-American Commission on Human Rights held that “a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime” and that “this rule has been recognized as being of a sufficiently indelible nature to now constitute a norm of jus cogens”. This paper examines the evidence supporting the conclusion that the use of the death penalty against child offenders (people convicted of crimes committed under the age of 18) is prohibited under customary international law and as a peremptory norm of general international law (jus cogens).

Document(s)

Mental retardation and the death penalty

By Amnesty International, on 1 January 2001


2001

NGO report


More details See the document

This paper attempts to summarise the issues arising from the practice of executing prisoners who have mental retardation. It draws mainly on the US experience but makes reference to other jurisdictions.

  • Document type NGO report
  • Themes list Intellectual Disability,

Document(s)

Commonwealth of Independent States: Positive trend on the abolition of the death penalty but more needs to be done

By Amnesty International, on 1 January 2006


2006

NGO report

ru
More details See the document

On 28 November the meeting of the heads of the states in the Commonwealth of Independent States takes place in Minsk, Belarus. On the eve of the meeting Amnesty International calls on the heads of CIS states to put the issue of the abolition of the death penalty high on their agenda and to do all within their power to make the region a death penalty-free zone. Amnesty international is concerned that the conditions on death row in the region fall far short of international standards.

Document(s)

The Death Penalty V. Human Rights: Why Abolish the Death Penalty?

By Amnesty International, on 1 January 2007


2007

NGO report

fres
More details See the document

In this document Amnesty International calls on the UN General Assembly, 62nd session, (2007) to adopt a resolution affirming the right to life and stating that abolition of the death penalty is essential for the protection of human rights and to report on the implementation of the moratorium to the next session of the UNGA. It also calls on retentionist countries to establish a moratorium on executions and to respect international standards that guarantee the protection of the rights of those facing the death penalty.

Document(s)

A Thousand People Face the Death Penalty in Iraq

By Amnesty International, on 1 January 2009


2009

NGO report

arfres
More details See the document

Iraq now has one of the highest rates of execution in the world. At least 1,000 people are believed to be under sentence of death, 150 of whom have exhausted all legal remedies available to them and are therefore at serious risk of being hanged. This document describes the use of the death penalty in Iraq, including issues of transperancy, crimes punishable by death, unfair trials, the death penalty as used in the Kurdistan region of Iraq and some individual cases are discussed.

Document(s)

Hope and Fear: Human Rights in the Kurdistan Region of Iraq

By Amnesty International, on 1 January 2009


NGO report

ar
More details See the document

Amnesty International received information from a number of sentenced prisoners indicating that their trials had not met international fair trial standards. Some had been tried in secret locations, rather than in properly established courts of law. Some trials had been completed within an hour. A number of prisoners complained that they had been convicted on the basis of false “confessions” which they had been forced to make under torture or other illtreatment during pre-trial detention. Detainees commonly were denied access to lawyers in the early stages of their detention, when they were usually held incommunicado, and were interrogated by the Asayish.

Document(s)

Nigeria: Waiting for the Hangman

By Amnesty International, on 1 January 2008


2008

NGO report

fr
More details See the document

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

Document(s)

Myanmar: The Administration Of Justice – Grave And Abiding Concerns

By Amnesty International, on 8 September 2020


2020

NGO report

Myanmar


More details See the document

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

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

Document(s)

Saudi Arabia: Defying world trends – Saudi Arabia’s extensive use of capital punishment

By Amnesty International, on 8 September 2020


NGO report

Saudi Arabia

arfr
More details See the document

This document examines the death penalty in Saudi Arabia and how it is sustained by a mixture of legal, judicial and political factors, whose redress requires a strong political will from the Saudi Arabian government together with a consistent concern and assistance by the international community.

Document(s)

The death penalty worldwide: developments in 2002

By Amnesty International, on 1 January 2003


2003

NGO report

fres
More details See the document

This paper covers significant events concerning the death penalty during the year 2002. Other subjects covered in this paper include significant judicial decisions; important studies; the use of the death penalty against the innocent; reductions in the scope of the death penalty; moratoria and commutations; and moves to restrict appeals in capital cases.

Document(s)

Children and the death penalty: Executions worldwide since 1990

By Amnesty International, on 1 January 2002


2002

NGO report

fres
More details See the document

The document details cases of child offenders executed since 1990 and cites the relevant international standards. Two tables are appended: a list of cases and a table of the 113 countries which provide for the death penalty but exclude its use of the death penalty against child offenders. There are also appendices giving the text of the resolution on “The death penalty in relation to child offenders” adopted by the UN Sub-Commission on the Promotion and Protection of Human Rights in August 2000 and extracts from the resolution on “The question of the death penalty” adopted by the UN Commission on Human Rights in April 2002.

Document(s)

THE MOST IMPORTANT FACTS OF 2009 (and the first six months of 2010)

By HANDS OFF CAIN, on 8 September 2020


2020

NGO report

en
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THE SITUATION TODAY The worldwide trend towards abolition, underway for more than ten years, was again confirmed in 2009 and the first six months of 2010. There are currently 154 countries and territories that, to different extents, have decided to renounce the death penalty. Of these: 96 are totally abolitionist; 8 are abolitionist for ordinary crimes; 6 have a moratorium on executions in place and 44 are de facto abolitionist (i.e. countries that have not carried out any executions for at least 10 years or countries which have binding obligations not to use the death penalty).

Document(s)

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

By Amnesty International, on 8 September 2020


NGO report

Belarus


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

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

Document(s)

UNITED STATES OF AMERICA: Indecent and internationally illegal: The death penalty against child offenders

By Amnesty International, on 1 January 2002


2002

NGO report


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This report gives details of the national picture of the execution of juveniles, looking particularly at how two key decisions of the US Supreme Court have widened the gap between the USA and most other countries on this issue. The report examines the arguments used by those who oppose the execution of juvenile offenders and provides an overview of the international situation on the use of the death penalty against child offenders.

  • Document type NGO report
  • Themes list Juveniles,

Document(s)

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

By Amnesty International, on 8 September 2020


2020

NGO report

United States


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

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

Document(s)

Nigeria: The death penalty and women under the Nigerian penal systems

By Amnesty International, on 1 January 2004


2004

NGO report

fres
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The recent extension in parts of Nigeria of the death penalty to areas many consider to be private aspects of life has focused the debate on both the appropriateness of the death penalty in general and on the use of the criminal justice system as a way to regulate sexual behaviour. Amnesty International Believes that the death penalty in its application in Nigeria in particular violates women’’s human rights to access to justice, according to international human rights law and standards, and has a discriminatory effect on women in certain cases and for certain crimes. This becomes especially serious in cases of capital punishment which is severely affecting women from deprived socio-economic backgrounds and remote areas.

Document(s)

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

By Amnesty International, on 8 September 2020


2020

NGO report

Uzbekistan

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

Document(s)

Unjust and unfair: The death penalty in Iraq

By Amnesty International, on 1 January 2007


2007

NGO report

arfres
More details See the document

Since the reintroduction of the death penalty in August 2004 more than 270 people have been sentenced to death in Iraq. Iraq now figures among the countries with the highest numbers of executions reported in 2006. Amnesty International is concerned that many of those sentenced to death by the Central Criminal Court of Iraq did not receive a fair trial. Amnesty International calls on the Iraqi government to immediately establish a moratorium on executions with a view to total abolition of the death penalty.

Document(s)

People’s Republic of China: The Death Penalty in 1999

By Amnesty International, on 8 September 2020


2020

NGO report

China

fr
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This report analyses the use of the death penalty in China and examines sentencing patterns and the legislation behind the death penalty.

Document(s)

Indonesia: A briefing on the death penalty

By Amnesty International, on 1 January 2004


2004

NGO report

en
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This briefing follows the first executions in Indonesia in more than three years. Ayodhya Prasad Chaubey, an Indian national convicted of drug-trafficking in 1994, was executed by firing squad. Two Thai nationals, Saelow Prasert (m) and Namsong Sirilak (f), who had been sentenced to death in the same case, were executed on 1 October 2004. A total of at least 54 people are currently believed to be under sentence of death in Indonesia, 30 of them for drug-related offences. Amnesty International is concerned that these recent developments reflect an increasing willingness by the authorities to use the death penalty to address crime, in particular drug-trafficking. The organization is also concerned about calls to expand the number of crimes for which the death penalty may be imposed.

Document(s)

THE PEOPLE’S REPUBLIC OF CHINA – The Death Penalty in 2000

By Amnesty International, on 8 September 2020


2020

NGO report

China


More details See the document

The attached report analyses the use of the death penalty in China in 2000 and examines sentencing patterns and the legislation behind the death penalty in China.

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