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The United States has repeatedly failed to notify detained foreign nationals of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations. In capital cases, US non-compliance with this ratified Treaty has led to litigation by foreign governments and individual lawyers in domestic courts and international tribunals. While these efforts have had mixed results in individual cases, litigation by Mexico, Germany and other actors has led to increased compliance with Article 36, and a growing recognition of the significance of US treaty obligations.

• Document type Article
• Countries list United States
• Themes list Foreign Nationals,

The capital punishment system in the United States is broken. Studies reveal growing delays nationwide between death sentences and executions and inexcusably high rates of reversals and retrials of capital verdicts. The current system persistently malfunctions because it rewards trial actors, such as police, prosecutors, and trial judges, for imposing death sentences, but it does not force them either to avoid making mistakes or to bear the cost of mistakes that are made during the process. Nor is there any adversarial discipline imposed at the trial level because capital defendants usually receive appointed counsel who either do not have experience trying capital cases or who receive inadequate resources from the State to pay litigation expenses. Instead, the appellate system is forced to deal with large amounts of error, creating backlog and delays. This article proposes a radical trade-off for capital defendants in which they agree to give up existing post-conviction review rights in return for a real assurance of better qualified, higher quality trial counsel. This proposal will avoid the traps of window dressing reforms, save states a good bit of the expense of appellate review, and make the capital punishment system more fair, efficient, and effective.

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

This video features Jeremy Irons who speaks about the death penalty and arguements commonly made for it.

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

A murder victim’s family member talks out about her opposition to the death penalty.

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

This article discusses the role of judges in death determinations, identifying jurisdictions that initially (post-1972) allowed judge sentencing and naming the individuals who today remain under judge-imposed death sentences. The decisions guaranteeing a jury determination have so far been applied only to cases that have not undergone initial review in state courts. Key questions remain unresolved, including whether the evolving standards of decency permit the execution of more than 100 individuals who were condemned to death by judges without a jury’s death verdict before implementation of the rules that now require unanimous jury votes.

• Document type Academic report
• Themes list Due Process , Fair Trial,

This article presents a legal and political analysis of the 2003 – 2005 effort of Governor Mitt Romney to make the death penalty available as a sentencing option in Massachusetts.

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

This article outlines some of the main arguments against the death penalty in Japan.

• Document type Article
• Countries list Japan

Searching inquiry into the contours of capital punishment in America. Containing over 1300 footnotes, the chapters by ten young scholars explore the sometimes-ignored fine details of the death penalty. Topics include the impropriety of applying the death penalty to felony murder, the implications of death row exonerations and their impact on access to post-conviction DNA testing, media impacts on capital cases, death qualification of capital juries and its impact on the right of prospective capital jurors to enjoy First Amendment protection of the free exercise of their religions, the fiscal conservative and social conservative argument favoring abolition of the death penalty, the need for a heightened standard of proof – greater than beyond a reasonable doubt – at the penalty phase of capital trials, federal habeas corpus protections for state-sentenced capital offenders and the constitutionality of limits on “actual innocence” equitable tolling, tips and techniques for capital defense counsel representing defendants who were acutely substance-impaired at the time of the crime or have a history of chronic substance abuse or chemical dependency, the impropriety of allowing counsel to argue fiscal matters to the jury, such as that either execution or life imprisonment is the “cheapest” option for society, and the role the death penalty should and does play within the Uniform Code of Military Justice.

• Document type Book
• Countries list United States
• Themes list Due Process ,

While execution chambers remain active in several states in the United States, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.

• Document type Book
• Countries list United States
• Themes list Death Penalty, Country/Regional profiles,

The 2015 HANDS OFF CAIN’s Report analyses the current status of executions around the world, providing detailed regional overviews. The Report confirms the worldwide trend towards abolition, even though the death penalty is still applied for violent and non-violent crimes, as in the contexts of the “war on drugs” and the “war on terror”.

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

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

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

This webpage talks about innocence and the death penalty: Examples of innocence in three cases in the United States and factors leading to wrongful conviction.

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

This sheet speaks about the trend towards abolition of the death penalty, aswell as declining public support for it.

• Document type Arguments against the death penalty
• Themes list Trend Towards Abolition,

As momentum is gathering across the world towards abolition of capital punishment, Iran ranks second for number of executions, after China, and first for per capita executions. Unfair trials, execution of juveniles, targeting of ethnic and religious minorities… the death penalty is applied in blatant violation of Iran’s obligations under international human rights law. A very wide range of offences (including economic, drug-related, so-called sexual offences, apostasy…) carry the death penalty and the methods of execution (public hangings, stoning…)amount to the most inhuman and degrading treatment.

• Document type NGO report
• Themes list Minorities, Fair Trial, Country/Regional profiles,
• Available languages ایران: مجازات اعدام - سیاست دولتی ایجاد وحشت

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

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

The European Saudi organisation for Humans Rights published its 2018 report on the use of the death penalty in the Saudi Kingdom. It points an authoriatiran drift within the increase of the political use of the capital sentence against activists, women and clerics.

• Document type NGO report
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Arbitrariness, Death Penalty,

The number of new death sentences dropped dramatically in 2011, falling below 100 for the first time in the modern era of capital punishment. Executions also continued decline, while developments in a variety of states illustrated the growing discomfort that many Americans have with the death penalty.

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

The ‘Death Penalty in India: Annual Statistics’ attempts to create a comprehensive year-by-year documentation of movements in the death row population in India. The publication tracks important political and legal developments in the administration of the death penalty and the criminal justice system in the year 2020.

• Document type Academic report
• Countries list India

Frauen in der Todeszelle: Ungesehene Realität

• Document type Campaigning
• Themes list Women

This report provides evidence on public attitudes to the death penalty in Ghana, withan empirical focus on Accra.

• Document type Academic report
• Themes list Public opinion, Statistics,

Donne condannate a morte: una realta’ invisibile

• Document type Campaigning
• Themes list Women

• Document type Campaigning / World Coalition

Wanawake waliohukumiwa kunyongwa: Ukweli uliofichika

• Document type Campaigning
• Themes list Women

死刑を科された女性：その知られざる現実

• Document type Campaigning
• Themes list Women

• Document type Array

• Document type World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

• Document type Campaigning / World Coalition

The Ride tells the true story of one of the most gruesome crimes in recent memory—the 1997 abduction and murder of ten-year-old Massachusetts resident Jeffrey Curley—and how his father, Bob Curley, managed to heal the deep wounds of rage and emerge to become an outspoken critic of the death penalty.In vivid, compelling prose, Boston Globe reporter Brian MacQuarrie recounts the brutal crime that shocked New England and chronicles what transpires after Jeffrey’s death, which is nearly as shocking as the crime itself. At the heart of this deeply touching story is the way Bob Curley summons the almost superhuman courage to reject the death penalty. In tracing his personal journey, The Ride presents an appealing everyman hero forced into the spotlight by unfathomable circumstances, and compelled to confront the consequences of his fury.

• Document type Arguments against the death penalty
• Themes list Public opinion, Murder Victims' Families, Death Penalty,

On the occasion of the 2020 World Day, the World Coalition Against the Death Penalty has compiled testimonies from those for whom access to counsel is a matter of life or death.

• Document type Academic report
• Themes list World Coalition Against the Death Penalty,
• Available languages La parole est à la défense - Journée mondiale 2020

A vast literature details the crimes that condemned inmates commit, but very little is known about the social histories of these capital offenders. For example, how many offenders possessed mitigating characteristics that demonstrate intellectual or psychological deficits comparable to those shared by classes of offenders categorically excluded from capital punishment? Did these executed offenders suffer from intellectual disability, youthfulness, mental illness, or childhood trauma? The problem with this state of affairs is that the personal characteristics of the defendant can render the death penalty an excessive punishment regardless of the characteristics of the crime. This Article begins to fill the mitigation knowledge gap by describing the social histories of the last hundred offenders executed in America. Scouring state and federal court records, this Article documents the presence of significant mitigation evidence for eighty-seven percent of executed offenders. Though only a first step, our findings suggest the failure of the Supreme Court’s mitigation project to ensure the only offenders subjected to a death sentence are those with “a consciousness materially more depraved” than that of the typical murderer. Indeed, the inverse appears to be true: the vast majority of executed offenders possess significant functional deficits that rival — and perhaps outpace — those associated with intellectual impairment and juvenile status; defendants that the Court has categorically excluded from death eligibility.

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

This document summarizes Amnesty International’s global research on the use of the death penalty in 2009. More than two-thirds of the countries of the world have abolished the death penalty in law or in practice. While 58 countries retained the death penalty in 2009, most did not use it. Eighteen countries were known to have carried out executions, killing a total of 714 people; however, this figure does not include the thousands of executions that were likely to have taken place in China, which again refused to divulge figures on its use of the death penalty. For an update to this document please see http://www.amnesty.org/en/library/info/ACT50/005/2010/en

• Document type NGO report
• Themes list Statistics,
• Available languages أحكام الإعدام وعمليات الإعدام في عام 2009CONDAMNATIONS À MORT ET EXÉCUTIONS RECENSÉES EN 2009CONDENAS A MUERTE Y EJECUCIONES 2009

This book questions whether the death penalty in and of itself is a hazard to a sustainable development of criminal justice. As most jurisdictions move away from the death penalty, some remain strongly committed to it, while others hold on to it but use it sparingly. This volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present. It also examines how international, transnational and national forces intersect in order to understand the possibilities of future death penalty abolition.The chapters cover the USA – the only western democracy that still uses the death penalty – and Asia – the site of some 90 per cent of all executions. Also included are discussions of the death penalty in Islam and its practice in selected Muslim majority countries. There is also a comparative chapter departing from the response to the mass killings in Norway in 2011. Leading experts in law, criminology and human rights combine theory and empirical research to further our understanding of the relationships between ways of governance, the role of leadership and the death penalty practices.

• Document type Book
• Themes list Due Process , International law, Trend Towards Abolition,

The Special Rapporteur is also deeply concerned about all the circumstances surrounding the death penalty in Mongolia, especially the total secrecy. Despite repeated requests to the highest authorities of the Government, as well as prosecutors and the judiciary, the Special Rapporteur was not provided with any official information. Concern was expressed that not even the families of the condemned persons are notified of the exact date or place of execution and do not receive their mortal remains for burial, which amounts to inhuman treatment of the family, contrary to article 7 of the Covenant. Moreover, prisoners on death row at the Gants Hudag and Zuunmod detention centres are held in complete isolation, handcuffed and shackled, and denied adequate food. These conditions constitute additional punishments which can only be qualified as torture as defined in article 1 of the Convention.

• Document type NGO report
• Countries list Mongolia
• Available languages Доклад Cпециального докладчика по вопросу о пытках и других жестоких, бесчеловечных или унижающих достоинство видах обращения и наказания Манфреда Новака - МИССИЯ В МОНГОЛИЮRapport du Rapporteur spécial sur la torture et autres peines ou traitements cruels, inhumains ou dégradants, M. Manfred Nowak - MISSION EN MONGOLIE酷刑和其他残忍、不人道或有辱人格的待遇或处罚问题 特别报告员曼弗雷德·诺瓦克的报告 - 对蒙古的访问Informe del Relator Especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes, Manfred Nowak - MISIÓN A MONGOLIAمن وغيره التعذيب بمسألة المعني الخاص المقرر نواك، منفرد السيد تقرير المهينة أو اللاإنسانية أو القاسية العقوبة أو المعاملة ضروب ‎‎- منغوليا إلى البعثة

This article analyses the latest controversy over the use of the death penalty that erupted not in mainland China but across the strait in Taiwan. In January, the defense ministry there was forced to issue a public apology for a wrongful execution in 1997, followed in early March by the execution of five prisoners without notifying their families.

• Document type Article
• Themes list Networks,

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,

For 15 years there have been no executions in South Korea. The film focuses mainly on South Korea through the stories of those directly affected by the death penalty and others outside the country who argue the case for abolition from the perspective of victims’ families, Renny Cushing, Murder Victims Families for Human Rights. It includes testimony from those sentenced to death, a prison warden, the former President of South Korea, Kim Dae Jung, a former prisoner of conscience who was himself sentenced to death and who introduced a moratorium during his presidency. No executions have taken place in South Korea since former President Kim Dae Jung announced his decision. In September South Korea celebrated 5,000 days with no executions.

• Document type Academic report
• Countries list Republic of Korea
• Themes list Country/Regional profiles,

Cameroon, with a population of approximately 18 million, has a multiparty system of government, with the current ruling party Cameroon People’s Democratic Movement (CPDM) in power since it was created in 1985. The president retains the power to control legislation or to rule by decree. Although the civilian authorities do generally maintain effective control of the security forces, security forces sometimes act independently of government authority. Authorities arbitrarily arrest and detain citizens for different reasons. Among those arbitrarily arrested and detained are human rights defenders and other activists and persons not carrying government-issued identity cards. There are incidents of prolonged and sometimes incommunicado pretrial detention and infringement on privacy rights. The government restricts freedom of speech, press, assembly, and association, and harasses journalists and human rights defenders. Other problems include widespread official corruption, societal violence, discrimination against women, the trafficking of children and girls, and discrimination against homosexuals. The government restricts worker rights and activities of independent labor organizations. The diverse cultural beliefs and ethnic groups promote to a large extend discrimination against and violations of women and young people, widows and the divorced. This report specifically highlights violations in 2008 and 2009, with a few violations in other years.

• Document type NGO report
• Themes list Networks,
• Available languages Cameroun: Rapport de la société civile sur la mise en oeuvre du PIDCP

As our society’s enduring marriage to the death penalty prepares to enter yet another century, it is a marriage that places the children in danger. Why is it that we continue to impose the death penalty for crimes committed by juvenile offenders? As questionable as the death penalty is in general, might we not at least place an “adults only” label on it? The rest of the world has already done so. Only in America need children fear execution by their own government.

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

The purpose of this paper is to offer a critique and commentary on the European agenda on the abolition of the death penalty, and in so doing the author has relied heavily on the contributions made by a number of commentators to the recent Council of Europe publication, “The Death Penalty: Abolition in Europe”.

• Document type Article
• Themes list International law, Trend Towards Abolition,

This article explores how, capital punishment in the United States is a minority practice. This feature of American capital punishment has become more pronounced recently, and is especially clear when death sentences, which are merely infrequent, are distinguished from executions, which are exceedingly rare.

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

The book describes how thousands of Americans are convicted of crimes they never committed. Many of them end up on death row where inmates have been executed despite their innocence. ‘The Deprived’ is based on interviews with 10 Americans who have all been affected by wrongful convictions and the death penalty. The book also describes what leads to wrongful convictions in America and who’s most likely to be convicted of a crime they never committed.

• Document type Book
• Countries list United States
• Themes list Innocence, World Coalition Against the Death Penalty,

First as a reporter and then as a spokesperson for the Texas Department of Criminal Justice, Michelle was a frequent visitor to Huntsville’s Walls Unit, where she recorded and relayed the final moments of death row inmates’ lives before they were put to death by the state.Michelle was in the death chamber as some of the United States’ most notorious criminals, including serial killers, child murderers and rapists, spoke their last words on earth, while a cocktail of lethal drugs surged through their veins.

• Document type Book
• Countries list United States
• Themes list Right to life, Death Penalty,

A how-to guide for advocates who want to improve the response to people with mental illnesses who are in contact with the criminal justice system. The Advocacy Handbook reflects a shared effort among NAMI (the National Alliance for the Mentally Ill), the National Mental Health Association (NMHA), the National Association of State Mental Health Program Directors (NASMHPD), the Bazelon Center for Mental Health Law, and the Criminal Justice / Mental Health Consensus Project.

• Document type Campaigning
• Themes list Networks,

The worldwide situation to date: The worldwide trend towards abolition, underway for at least a decade, was again confirmed in 2006 and the first six months of 2007. There are currently 146 countries and territories that to different extents have decided to renounce the death penalty. Of these, 93 are totally abolitionist, 9 are abolitionist for ordinary crimes, 1 (Russia) is committed to abolishing the death penalty as a member of the Council of Europe and currently observes a moratorium on executions, 4 have a moratorium on executions in place and 39 are de facto abolitionist (i.e. – no executions have taken place in the last ten years).

• Document type NGO report
• Themes list Statistics,
• Available languages Italian : SINTESI DEI FATTI PIU' IMPORTANTI DEL 2006 (e dei primi sette mesi del 2007)

In this article, the authors examine how the debate over women’s executions during the nineteenth and early twentieth century funneled and in various ways processed the contrary demands of gender and capital justice. They show how encounters with capital punishment both reflected and reinforced dominant interpretations of womanhood and as such contributed to the intricate web of normative strictures that affected all women at the time. At the same time, however, the often heated debates that accompanied such cases pried open some of the contradictions inherent in the dominant interpretations and, as a result, came to challenge the boundaries that separated not only women from men but also women from each other. Rather than viewing gender as a unidirectional influence on capital punishment, the authors argue that gender is best approached as an evolving social category that gets reconstructed, modified, and transformed whenever it is implicated in social practices and public debates.

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

California’s death penalty is dead. Prosecutors, legislators and taxpayers are turning to permanent imprisonment with no chance of parole as evidence grows that the system is costly, risky, and dangerous to public safety.

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

In this Opinion, Professor Schabas argues that the Commonwealth is behind the curve of the international trend towards the abolition of the death penalty. He analyses the status and use of capital punishment in Commonwealth countries, as compared to all UN member states more broadly.

• Document type Article
• Themes list International law,

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

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

The death penalty in the state of California continues to be a major focus, due in part to the burden it places on tax payers. Our goal with this infographic was to examine the facts, and the facts alone. Even though Proposition 34 did not pass in the most recent election, this issue will continue to be argued and remain a pressing issue, especially during difficult economic times.

• Document type Lobbying
• Themes list Minorities, International law, Public debate,

The men who lead death row inmates to the gallows are traumatised on surrendering a prisoner to the hangman. This was told at a meeting of judges, commissioners of prisons and legal practitioners from East Africa on the death penalty in Nairobi.

• Document type Arguments against the death penalty
• Themes list Retribution, Death Row Conditions, Sentencing Alternatives,