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ISOLATION AND DESOLATION CONDITIONS OF DETENTION OF PEOPLE SENTENCED TO DEATH MALAYSIA – Bahasa Melayu

By Carole Berrih, Ngeow Chow Ying, ECPM, ADPAN, on 27 May 2021


2021

NGO report

Death Row Conditions 

Malaysia


More details See the document

Isolation and Desolation – Conditions of Detention of People Sentenced to Death in Malaysia is the first ever fact-finding mission report on the conditions of detention of death row prisoners in Malaysia.

It examines the use of death penalty in Malaysia as well as the actual situation of people on death row.

This report is not meant to point fingers but rather to put the facts on the table in a transparent manner and work from there. It is mainly an advocacy tool for all abolitionist stakeholders, from civil society actors to the parliamentarians who will keep fighting for the abolition of the death penalty.

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Isolation and Desolation – Conditions of Detention of People Sentenced to Death di Malaysia adalah satu-satunya laporan berasaskan misi mengkaji fakta (fact-finding mission) mengenai keadaan-keadaan penahanan bagi banduan-banduan hukuman mati di Malaysia.

Laporan ini mengkaji pelaksanaan hukuman mati di Malaysia dan juga keadaan sebenar orang-orang yang dijatuhkan hukuman mati.

Laporan ini bukan bertujuan untuk menunding jari terhadap mana-mana pihak, tetapi bertujuan untuk memberi pencerahan kepada fakta-fakta yang ditemui dan berusaha ke atasnya. Laporan ini bertujuan utama sebagai alat advokasi kepada semua pihak yang mempunyai kepentingan dalam pemansuhan, bermula dari ahli persatuan kemasyarakatan sehingga ahli parlimen yang akan berusaha berterusan untuk memansuhkan hukuman mati.

  • Document type NGO report
  • Countries list Malaysia
  • Themes list Death Row Conditions 

Document(s)

Isolation and desolation conditions of detention of people sentenced to death Malaysia

By Carole Berrih, Ngeow Chow Ying, ECPM, ADPAN, on 27 May 2021


NGO report

Death Row Conditions 

Malaysia

fr
More details See the document

Isolation and Desolation – Conditions of Detention of People Sentenced to Death in Malaysia is the first ever fact-finding mission report on the conditions of detention of death row prisoners in Malaysia.

It examines the use of death penalty in Malaysia as well as the actual situation of people on death row.

This report is not meant to point fingers but rather to put the facts on the table in a transparent manner and work from there. It is mainly an advocacy tool for all abolitionist stakeholders, from civil society actors to the parliamentarians who will keep fighting for the abolition of the death penalty.

Document(s)

Death sentences and executions 2020

By Amnesty International , on 26 May 2021


2021

NGO report

aresfafrru
More details See the document

This report covers the judicial use of the death penalty for the period January to December 2020. As in previous years, information is collected from a variety of sources, including:
– official figures;
– judgements;
– information from individuals sentenced to death and their families and representatives;
– media reports;
– and, for a limited number of countries, other civil society organizations.

Amnesty International reports only on executions, death sentences and other aspects of the use of the death penalty, , such as commutations and exonerations, where there is reasonable confirmation. In many countries governments do not publish information on their use of the death penalty. In China and Viet Nam, data on the use of the death penalty is classified as a state secret. During 2020 little or no information was available on some countries – in particular Laos and North Korea (Democratic People’s Republic of Korea) – due to restrictive state practice.

Document(s)

Report of the Secretary General: Question of the death penalty 2021 (A/HRC/48/29)

By Office of the High Commissioner for Human Rights (OHCHR), on 15 September 2021


2021

United Nations report

Public Opinion 


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The present report is submitted pursuant to decision 18/117 and resolution 42/24 of the Human Rights Council. The report focuses on consequences arising from the lack of transparency in the application and imposition of the death penalty on the enjoyment of human rights.

  • Document type United Nations report
  • Themes list Public Opinion 

Document(s)

Children who are Impacted by a Family Member’s Death Sentence or Execution: Information for Mental Health Professionals

By National Child Traumatic Stress Network (NCTSN), Texas after violence project, Clinical and Support Options, on 11 December 2021


2021

Working with...

Juveniles


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This tip sheet provides some guidelines for mental health professionals who may encounter or work with children and families related to individuals who have been sentenced to death or executed.

  • Document type Working with...
  • Themes list Juveniles

Document(s)

Death Penalty For Drug Offences: Global Overview 2021

on 21 March 2022


2022

NGO report

Drug Offenses


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Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our eleventh on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international law.
The Death Penalty for Drug Offences: Global Overview 2021 found that: 1) 35 countries still retain the death penalty for drug offences 2) At least 131 people were executed for drug offences in 2021 – a 336% increase from 2020. However, due to a severe lack of transparency, if not outright censorship, this is only a partial picture. This figure likely represents only a fraction of all drug-related executions carried out globally.

  • Document type NGO report
  • Themes list Drug Offenses

Document(s)

Abolition of the Death Penalty in the Eastern Caribbean and Barbados

on 15 December 2020


2020

Lobbying

Barbados

Trend Towards Abolition


More details Download [ pdf - 2611 Ko ]

Greater Caribbean for Life has launched its educational toolkit to assist activists and organisations as they work toward abolishing the death penalty in the Greater Caribbean. The production of this toolkit forms part of GCL’s activities under its EU partnered project to educate on death penalty abolition in the Eastern Caribbean and Barbados.

The launch of the toolkit is timely as a few of these target countries recently voted against adopting the UN Moratorium on the use of the death penalty and countries that had previously chosen to abstain have now firmly voted against the resolution.

GCL members condemn the rise of violent crime in our region and express solidarity and compassion with the victims of crime, however, we reject the notion that capital punishment will act as a deterrent or foster respect for life in our communities.

It is our hope that this toolkit will assist in promoting respect for the right to life for all human beings in the Caribbean region.

  • Document type Lobbying
  • Countries list Barbados
  • Themes list Trend Towards Abolition

Document(s)

Bylaws 2021

By World Coalition Against the Death Penalty, on 9 September 2021


2021

World Coalition

fr
More details Download [ pdf - 97 Ko ]

Bylaws of the World Coalition Against the Death Penalty As Amended by the 18 June 2021 General Assembly

  • Document type World Coalition
  • Available languages Statuts 2021

Document(s)

Add Resources and Apply Them Systemically: Governments’ Responsibilities Under the Revised ABA Capital Defense Representation Guidelines

By Eric M. Freedman / Hofstra Law Review, on 1 January 2003


2003

Article

United States


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The mainstream legal community, including the ABA, has long understood the importance of system-building, but the revised Guidelines state the point especially forcefully. In articulating “the current consensus about what is required to provide effective defense representation in capital cases,” they set high performance standards not just for lawyers, but for death penalty jurisdictions. As the problems are systemic, it is “imperative” that the solutions be.The Guidelines accordingly not only call on governments to deliver capital defense resources that are sufficient in amount, but also furnish the states with a user-friendly blueprint for using those resources wisely to create structures that will function well in the present and evolve effectively over time. This mandate for institution-building is welcome, and the states should lead it. Indeed, they must do so if the Guidelines are to achieve their ameliorative purposes and avoid becoming just a collection of lofty aspirations “‘that palter with us in a double sense, that keep the word of promise to our ear, and break it to our hope”.

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

Document(s)

Myths and Facts about the Death Penalty

By Death Penalty Focus, on 1 January 2009


2009

Arguments against the death penalty

es
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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(s)

International Network of Academics Against the Death Penalty

By International Academic Network for the abolition of capital punishment, on 8 September 2020


2020

Working with...


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It is of the utmost importance, in the short and medium-term, to develop an intense work of academically nature both of study and disclosure of the problems of the abolition of the death penalty in the international scenario, to complement and help the work of the diplomatic action and non-governmental organizations. To this effect it is proposed to keep REPECAP as an ever – growing scientific world network comprising academic law scholars, human rights centers, institutions of public law and Ngos, with expertise and skill in the problems of death penalty and interests in the field of international criminal justice, as well as young researchers who have been dealing with these topics or wish to get involved with the subject, regardless of nationality or locations.

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

Document(s)

Felony Murder: An On-Ramp for Extreme Sentencing

By The Sentencing Project, Fair and Just Prosecution, on 23 March 2022


2022

NGO report

United States


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Although other countries have largely rejected the felony murder doctrine, 48 states, the District of Columbia, and the federal government still use these laws. Felony murder laws compel harsh decades-long – or even life – sentences even when the individual charged did not directly cause or intend the loss of life.

This report evaluates the legal and empirical foundation, and failings, of the felony murder rule, profiles impacted individuals, and highlights recent reform efforts in 10 jurisdictions. Key findings include:

1. Felony murder laws widen the net of extreme sentencing and are counterproductive to public safety.
2. Felony murder laws have particularly adverse impacts on people of color, young people, and women.
3. Existing reforms must be expanded to achieve justice.

  • Document type NGO report
  • Countries list United States

Document(s)

Strengthening death penalty standards

By Penal Reform International, on 1 January 2015


2015

NGO report


More details See the document

Where the death penalty is applied, international law, jurisprudence and practice require that certain minimum standards are applied. The standards include international and regional treaties that are legally binding on states that have ratified them, customary international law that is binding on all states without exception, and non-binding standards and resolutions that nonetheless command the support of the majority of states. International understanding of these minimum standards has continued to evolve in the years since they were drafted, but the documents themselves do not always keep pace. This paper brings together international, regional and national standards, the most recent understandings of relevant experts and appropriate insights from other connected disciplines. It explores possible ways in which international minimum standards could be further strengthened at this time, whether through ECOSOC, the UN Human Rights Council, the UN Commission on Crime Prevention and Criminal Justice, regional bodies or national amendments to laws and policies. In each section, the issue and current practice is described, followed by examples of good practice or suggestions for improvement, finishing with a short list of recommendations for strengthening existing standards. These issues and recommendations are not final, but are intended to provide a point from which discussion can begin.

  • Document type NGO report
  • Themes list International law, Legal Representation,

Document(s)

Responsible Business Engagement on the Death Penalty. A Practical Guide

By Responsible Business Initiative on the Death Penalty, on 1 January 2019


2019

Working with...

fr
More details See the document

Business engagement in the death penalty is critical because of the impact it can have. Putsimply: the power is in your hands. If your business is looking for a human rights issue whereit can achieve measurable change, advocacy on the death penalty must be considered.Global support for the death penalty is declining. Meanwhile, competition for investment isfierce. Governments and the public at large care more about job creation and a healthy economythan a system of executions. Therefore, the voices of businesses and business leaders havea huge role to play in shaping public dialogue about whether to keep – or end – the use ofcapital punishment.

Document(s)

Leaflet – World Day 2022

By the World Coalition Against the Death Penalty, on 24 June 2022


2022

World Coalition

arfr
More details Download [ pdf - 1095 Ko ]

Leaflet for the 20th World Day against the death penalty (2022), on torture and the death penalty.

Document(s)

The Myth of Autonomy Rights

By Kathryn E. Miller, on 20 July 2022


2022

Article

United States


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Supreme Court rhetoric, scholarly discussion, blackletter law, and ethical rules have perpetuated a myth that individual rights protect the autonomy of defendants within the criminal legal system. To expose this myth, I examine six rights that the Court has enshrined as essential decision points for criminal defendants due to the rights’ purported expressive and consequential functions: (1) the right to self-representation; (2) the right to plead guilty; (3) the right to waive a jury; (4) the right to testify; (5) the right to waive appeals; and (6) the right to maintain innocence at a capital trial. I conclude that each of these rights fails to protect defendant autonomy.

I then argue that genuine displays of autonomy under the criminal legal system take the form of resistance to the law, legal advocates, and the legal system. Thus, the autonomy of criminal defendants occurs not because of law but in spite of it. As such, scholarly discussions of the personal autonomy of criminal defendants should focus not on rights and rules but on acts of resistance. The current autonomy rights discourse is harmful because it obscures the system’s defects by framing discussions around individual rights instead of structural limitations. This lends itself to solutions involving procedural tinkering to better actualize individual rights instead of radical structural reform or abolition. By obscuring these structural defects and stressing the system’s protective qualities, the autonomy rights discourse presents the system not only as legitimate, but as functional, and potentially even successful. As such, a new scholarly frame is warranted: autonomy as resistance to law and the legal system. By illuminating the ways in which autonomy in the criminal legal system resembles autonomy under the American institution of slavery, the autonomy as resistance frame exposes the need for radical structural change and facilitates a reimagining of the criminal legal system.

  • Document type Article
  • Countries list United States

Document(s)

Broken Promises: How a History of Racial Violence and Bias Shaped Ohio’s Death Penalty

By Death Penalty Information Center , on 14 May 2024


2024

NGO report

Fair Trial

Innocence

Trend Towards Abolition

United States


More details See the document

In January 2024, Ohio lawmakers announced plans to expand the use of the death penalty to permit executions with nitrogen gas, as Alabama had just done a week earlier. But at the same time the Attorney General and the Ohio Prosecuting Attorneys Association are championing this legislation, a bipartisan group of state legislators has introduced a bill to abolish the death penalty based on “significant concerns on who is sentenced to death and how that sentence is carried out.” The competing narratives make it more important than ever for Ohioans to have a meaningful, accurate understanding of how capital punishment is being used, including whether the state has progressed beyond the mistakes of its past.

  • Document type NGO report
  • Countries list United States
  • Themes list Fair Trial / Innocence / Trend Towards Abolition