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This article primarily focuses on how racial bias creates nearly ubiquitous racial disparities in the imposition of the death penalty; it does so both to amass further reasons McCleskey was wrongly decided, and to point the way forward. Part I provides the necessary foundation by summarizing the history of race and the death penalty in the United States, with a focus on the Supreme Court’s treatment of racial discrimination claims in capital sentencing. Part II, the heart of this Article, examines the multiple psychological mechanisms that create racially biased decision making in capital cases. Understanding those mechanisms further undercuts the Supreme Court’s reasoning in McCleskey and argues for overturning the holding. However, recognizing the reluctance with which today’s Court would view overturning McCleskey, Part III considers whether and how alternative, case-specific uses of the data described in Part II might ameliorate the influence of racial bias in capital sentencing.

• Document type Academic report
• Countries list United States

Salam for Democracy and Human Rights (Salam DHR)’s report was published on October 10, 2021, to mark the 19th World Day Against the Death Penalty. The Death Penalty in Bahrain: A system built on torture, provides accessible and abridged information regarding the development of the death penalty in Bahrain.

This report examines how executions have expanded in both their criteria and implementation since the Arab Spring in 2011 and how this practice contradicts the Government of Bahrain’s (GoB) promises of reform made following the Bahrain Independent Commission of Inquiry (BICI) that same year. Instead, the Bahraini State continues to rely on confessions coerced under torture and threats as a method of permanently silencing poliIcal prisoners. The nation’s internal mechanisms of accountability have repeatedly proven themselves to be ineffective in remedying this situation and are possibly complicit. Considering these findings, and in support those who have been victimized, Salam DHR officially recommends that the GoB abolishes the death penalty, among other reforms.

• Document type NGO report
• Countries list Bahrain
• Available languages عقوبة الإعدام في البحرين : نظام مبني على التعذيبLa Peine de Mort à Bahreïn: Un Système Construit sur la Torture

Abolitionnist portrait

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Portrait d'abolitionnistes

This report addresses Lebanon’s compliance with human rights obligations under the Convention on the Elimination of All Forms of Discrimination Against Women regarding its use of the death penalty.

Lebanon has not abolished the death penalty or established a de jure moratorium on the death penalty. The legal system does not protect women in conflict with the law from discrimination on the basis of sex or gender. Nor does it limit capital offenses to the “most serious” crimes.

Women migrant domestic workers appear to be at an elevated risk of being sentenced to death. Indeed, all three women known to be on death row in Lebanon are Sri Lankan migrant domestic workers. Such women face heightened obstacles to realizing their right to a fair trial. Moreover, there is no evidence that sentencing authorities take into account a woman’s history of abuse when determining an appropriate sentence. Finally, women under sentence of death face degrading conditions of detention.

• Document type NGO report / World Coalition
• Countries list Lebanon
• Themes list Women

This report provides an update to the coauthors’ report at the List of issues stage and responds to the State party’s responses to the Committee’s questions in the List of issues that touch on the death penalty.

• Document type NGO report / World Coalition
• Countries list Iraq

The Maldives’ continued use of the death penalty undermines government efforts and commitments to end gender-based discrimination. The death penalty invites discriminatory sentences against women for adultery and other crimes of sexual immorality, as well as for acting as accomplices to murder committed by male counterparts. Capital punishment promotes negative stereotypes about women and reinforces discriminatory gender roles. The possibility of facing the death penalty also discourages human rights defenders from civic engagement on a number of human rights issues, including women’s human rights.

• Document type NGO report / World Coalition
• Countries list Maldives

This tool was developed by the World Coalition Against the Death Penalty (World Coalition) in partnership with the Advocates for Human Rights (TAHR), after noting the limited integration of gender issues into the abolitionist advocacy of the World Coalition’s member organizations. This tool has also been edited and enrichened by the World Coalition’s Gender Working Group.
As part of the “Leave No Woman Behind on Death Row” project, this tool aims to assist World Coalition members and partners in implementing gender-sensitive abolitionist advocacy.
In this document, intended to be a practical tool, guidance is provided on how to incorporate gender-specific recommendations into abolitionist advocacy with human rights bodies. This tool focuses recommendations made by civil society organizations (CSOs) to international and regional human rights bodies, intended to encourage national authorities to act in a certain way. Human rights mechanisms and bodies serve as crucial actors in legitimizing and supporting CSOs work on the ground. A recommendation made by a CSO can, in turn, be accepted by a human rights special mechanism and be transformed into an official recommendation to the State. From there, CSOs can continue to use this official recommendation in their national advocacy to strengthen their claim and position, fulfilling a virtuous circle in advocacy work.
In this document, the recommendations made are done pending full abolition of the death penalty. They are seen as transitional steps towards full abolition of the death penalty in law and in practice.
This tool is divided into two sections. The first part focuses on how to increase visibility of the discrimination faced by women in the judicial process leading to the death penalty. The second part focuses on the discrimination faced by LGBTQIA+ people during the same judicial process. In both sections, definitions are provided as well as background information in order to understand the issues at stake in each of the themes.

• Document type Lobbying
• Themes list Gender
• Available languages Comment insérer les questions de genre dans le plaidoyer abolitionniste ?

On 10 October 2022, the World Coalition and abolitionists around the world celebrated the 20th World Day Against the Death Penalty (‘World Day’). Every year on World Day, the World Coalition highlights one problematic aspect of the Death Penalty.

• Document type Campaigning / World Coalition
• Available languages Rapport journée mondiale 2022

The South Pacific forms a cohesive region with broadly similar cultural attributes, legal systems and colonial histories. A comparative analysis starts from the assumption that these countries should also have similar criminal justice policies. However, until 2022, both Papua New Guinea and Tonga were retentionist death penalty outliers in the South Pacific, a region home to seven other fully abolitionist members of the United Nations. In this article, we use the comparative method to explain why Papua New Guinea and Tonga have pursued a different death penalty trajectory than their regional neighbours. Eschewing the traditional social science explanations for death penalty retention, we suggest two novel explanations for ongoing retention in Papua New Guinea and Tonga: the law and order crisis in the former and the traditionally powerful monarchy in the latter.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

• Document type Academic report
• Countries list Papua New Guinea / Tonga

Published on April 8, 2024.

As the Constitutional Court of the Republic of China considers a challenge to the constitutionality of the death penalty, Amnesty International Taiwan and the World Coalition Against the Death Penalty submitted a joint amicus curiae intervention, to ensure the protection of the rights of all those under sentence of death. The amicus interveners argue that the use of the death penalty in the Republic of China constitutes a violation of human rights as guaranteed under the Constitution and international law and standards; and sets the country against the global trend, which remains overwhelmingly in favour of abolition.

• Document type NGO report
• Countries list Taiwan
• Available languages 憲法法庭法庭之友意見書 主案案號：111年度憲民字第904052號 法庭之友：國際特赦組織台灣分會 均詳委任狀 代 表 人：林綉娟 理事長 代 理 人：陳瑋珊 律師 均詳委任狀 均詳委任狀

Published in 2023.

This is the eighth edition of the Death Penalty in India: Annual Statistics Report. This annual publication presents changes in the death row population as well as political and legal developments in the administration of the death penalty in India each year. The statistics are compiled through a combination of data mining of court websites, media monitoring and Right to Information applications.

• Document type NGO report
• Countries list India

This report addresses Cameroon’s compliance with human rights obligations under the Convention on the Elimination of All Forms of Racial Discrimination, particularly with respect to the imposition of the death penalty against Anglophone Cameroonians.

By way of background, the Anglophone crisis in Cameroon began in 2016 as peaceful protests by lawyers and teachers demanding linguistic reforms but rapidly escalated into a war of secession that has killed thousands of people and displaced over one million.

The Cameroonian Criminal Code adopted in 2016 allows for the death penalty, including for vaguely defined terrorism-related offences. In this regard, the Anti-Terrorism Law of 2014 has been used to prosecute Anglophone human rights activists before military courts for acts of terrorism, secession, rebellion, and spreading false news, with the death penalty as a potential sentence in such cases.

While Cameroon ratified the International Covenant on Civil and Political Rights (ICCPR) in 1984, it has yet to ratify its Second Optional Protocol aiming at the abolition of the death penalty (ICCPR-OP2). Although no execution has taken place in Cameroon since 1997, civil society organizations estimate that 220 people currently are under sentence of death in Cameroon.

As discussed below, Cameroon fails to uphold its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination because its domestic law and institutional and political framework do not sufficiently protect Anglophones facing the death penalty.

• Document type NGO report / World Coalition
• Countries list Cameroon

This publication seeks to make visible the gender and intersectional discrimination faced by women in the judicial process leading to the death penalty. Through the various articlesin this publication, the authors bring to light the reality of women facing the death penalty through a different lens.

The first author, Shekinah Bright Kiting’a, in making a compelling case for abolition of the death penalty, explores how the death penalty uniquely affects women in the context of motherhood. Further, she highlights the rights and well-being of the children affected by their mothers’ death sentences, revealing flaws in our legal and ethical systems. With the overall aim of advocating for its abolition due to its significant impact on both parenthood and children’s rights, her article seeks to push for reforms that honour motherhood and prioritize children’s well-being in these difficult circumstances.

Kenaya Komba dissects gender disparity in the judicial system by exploring the intersection of domestic violence and the death penalty. In making a case for a restorative approach to justice, her article analyses the impact of capital punishment on victims of domestic violence and the systemic injustice and biases they continue to grapple with. Her elaborate analysis of the Constitution of Kenya, 2010 and the Protection Against Domestic Violence Act, 2016, highlights the urgent need for reform in the legal system.

While Analyzing the role the media plays in shaping perceptions of women on death row, Patricia Chepkirui evaluates the implications of positive and negative media portrayals of such women by highlighting the ethical responsibilities of media in the coverage of women on death row cases. The article ultimately underscores the significance of responsiblemedia coverage in ensuring that media exposure of cases of women on death row is fair,balanced, and respectful of their rights and dignity.

Alex Tamei delves into the intricacies of abuse, gender-based violence, and trauma as mitigating factors in death penalty sentencing for women. His article comparatively analyses two Kenyan cases of murder in retaliation to intimate partner violence, seeking to shed light on the plight of victims of gender-based violence. The article effortlessly brings out the nexus between the death penalty and intimate partner violence and makessolid recommendations for change.

The fifth author, Patience Chepchirchir, delves into the nexus between psychological abuse and provocation. Through her article, she brings out the scope of psychological abuse while focusing on the linkage between emotional abuse and provocation and how the same can be considered as mitigating factors. Through an elaborate analysis of case law, she makes a case for psychological abuse of women as a mitigating circumstance during sentencing.

Stella Cherono’s article reflects on the intersectional discrimination faced by women in the criminal trial process leading to death row. The article highlights the complex and overlapping forms of discrimination women experience during the pretrial, trial and sentencing stages. Through her comprehensive analysis of gendered pathways to offending and imprisonment, she challenges how society perceives discrimination.

Loraine Koskei Interrogates the emerging jurisprudence on Intimate Partner Violence.Her article lays out the gendered factor in the commissioning and sentencing of women convicted of murder and offers possible recommendations.

• Document type NGO report
• Countries list Kenya
• Themes list Death Row Conditions  / Fair Trial / Gender / Women

This document has been compiled by the Secretariat of the World Coalition Against the Death Penalty with substantial aid from member organizations, including Abdorrahman Boroumand Center, Amnesty International, Cornell Center on the Death Penalty Worldwide, Free Mumia ! French Support Group (Collectif français “Libérons Mumia !”), German Coalition Against the Death Penalty, Justice Project Pakistan, […]

• Document type Campaigning / World Coalition
• Available languages TEMOIGNAGES - 21ème Journée mondiale contre la peine de mort

Published in December 2023.

In “Death by Design” Parts 1 and 2, Wren investigated the state of court-appointed capital representation in Harris County—the death penalty capital of the world.The first report delves into the failings of the lawyers in capital cases.

Wren recommends a total overhaul to the system of capital representation for poor defendants in Harris County, with either the public defender absorbing those cases or the judges establishing a new, freestanding capital public defender that is independent from judicial oversight.

• Document type NGO report
• Countries list United States
• Themes list Legal Representation

This report addresses the Maldives’ compliance with its human rights obligations with respect to the death penalty. Despite its long-standing, de facto moratorium on executions, the Maldives sentenced two people to death in 2019, after sentencing no one to death in 2018.[1] At the end of 2019, there were 19 people on death row in the Maldives – three of whom had exhausted their appeals and five of whom were juveniles when the crime was committed.[2] The Maldives sentenced another individual to death in 2022, which represented the first time the country sentenced a foreign national to death.[3] The continued use of the death penalty in sentencing is particularly concerning given evidence of due process violations, including the use of torture to obtain confessions, the lack of effective and accessible complaint mechanisms for detained individuals, the lack of an independent judiciary, and the use of the death penalty as a sentence for crimes committed by juveniles.

• Document type NGO report / World Coalition
• Countries list Maldives
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment

Published in 2023.

While 70% of the world’s countries have abolished the death penalty, also known as capital punishment, much of the United States continues to use it in its criminal legal proceedings.According to the Death Penalty Information Center, at least 190 people were exonerated prior to their fated execution date after being wrongly convicted and sentenced to death in the United States. There is no way to tell how many of the 1,562 people, who have been executed in the United States, were actually innocent. As there are wrongful convictions still happening today, it is no surprise that most countries consider the death penalty a human rights issue.

• Document type Academic Article
• Countries list United States

Detailed Factsheet 2019

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Fiche détaillée 2011

The report Sentenced to Death Without Execution, Why capital punishment has not yet been abolished in the Eastern Caribbean and Barbados, was published on 7 April 2020. It presents the views of opinion formers and was written by Roger Hood and Florence Seemungal with the assistance of Amaya Athill.Six independent nations in the Eastern Caribbean – Antigua and Barbuda, Dominica, Grenada, St Kitts and Nevis, St Lucia, and St Vincent and the Grenadines, all members of the Organisation of Eastern Caribbean States (OECS) – and Barbados, retain the death penalty for murder. Most of these countries have not executed anyone sentenced to death for at least ten years with the vast majority not carrying out an execution for more than twenty years.This independent empirical study, which presents the views of 100 ‘opinion formers’, drawn from the seven jurisdictions, aims to shed light on why these countries hang on to capital punishment and what are the barriers to the complete abolition of the death penalty in these nations. The respondents were asked about their knowledge of the use of capital punishment in their respective countries and the extent to which, and why, they either supported the policy of retaining the death penalty or were in favour of its abolition, as well as the factors, beliefs, and assumptions that appeared to account for their government’s unwillingness to embrace complete abolition.Key findings include:- Across these seven nations, 48 of the interviewees favoured retention of the death penalty (18 of them strongly) and 52 were in favour of its abolition (30 of them strongly) Of those who favoured retention of the death penalty, only a minority were committed to retaining it: only 10 of 48 interviewees said they would ‘strongly oppose an Act of Parliament to completely abolish the death penalty by definitely voting against it’. Respondents believed the best strategies to persuade their respective governments to embrace reform were: ‘through creating an influential civil society pressure group ‘Citizens Against the Death Penalty’; by ‘mounting a legal challenge to the constitutionality of the death penalty’; or by ‘persuading the government to establish a high-level commission to report on the subject’.

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

Qatar had been maintaining a de facto moratorium on executions since 2000, but courts continued to sentence people to death. In 2020, however, Qatar executed a Nepali migrant worker by firing squad. Qatar’s death penalty practices are not in compliance with the Covenant. Qatar does not limit the death penalty to the most serious crimes, it is not taking steps toward a de jure moratorium on executions or ratification of the Second Optional Protocol, and it does not ensure that defendants in capital cases have a fair trial. Recent history suggests that a migrant worker may be more likely to be sentenced to death and executed for killing a Qatari national, as opposed to a non-citizen. Migrant workers are particularly vulnerable in the context of the country’s criminal legal system.

• Document type NGO report / World Coalition
• Countries list Qatar

A recent article in Mother Jones examines lingering questions in the determination of which inmates are exempt from execution because of mental incompetency. In 1986, the U.S. Supreme Court ruled in Ford v. Wainwright that a person could not be executed if he or she was “unaware of the punishment they’re about to suffer and why they are to suffer it.” The 2007 ruling in Panetti v. Quarterman updated that decision, with Justice Anthony Kennedy writing, “A prisoner’s awareness of the State’s rationale for an execution is not the same as a rational understanding of it.” Scott Panetti (pictured), the inmate involved in the 2007 case, knew that the state of Texas planned to execute him for the murder of his in-laws, but also sincerely believed that he was at the center of a struggle between God and Satan and was being executed to stop him from preaching the Gospel.

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

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

Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman. Analyzing a dataset of 2,328 first- degree murder convictions in Georgia from 1995–2004 that produced 1,317 death eligible cases, we show that two features of these cases combine to produce a small group of persons facing execution: victim race and gender, and a set of case-specific features that are often correlated with race. We also show that these features explain which cases progress from the initial stages of charging to a death sentence, and which are removed from death eligibility at each stage through plea negotiations. Consistent with decades of death penalty research, we also show the special focus of prosecution on cases where Black defendants murder white victims. The evidence in the Georgia records suggests a regime marred less by overbreadth in its statute than capriciousness and randomness in the decision to seek death and to seek it in a racially disparate manner. These two dimensions of capital case adjudication combine to sustain the twin failures that produce the fatal lottery that is the death penalty.

• Document type Academic report
• Countries list United States
• Themes list Fair Trial

In 2019-20, The Department of Law at the University of Dhaka, in collaboration with the Bangladesh Legal Aid and Services Trust (BLAST) and The Death Penalty Project, conducted a study to investigate socio-economic characteristics and experiences of death row prisoners in Bangladesh.

Bangladesh continues to retain and implement the death penalty, with several executions taking place each year. Excluding laws relating to the defence forces and international crimes, there are currently 33 crimes punishable by death. 25 of these offences are non-lethal and arguably do not meet the threshold of the ‘most serious crimes’ under international law.

Inspired by similar studies in other countries, a pilot study was commissioned to examine the demographics and experiences of those sentenced to death. Consistent with those studies around the world, our findings evidence that the death penalty in Bangladesh is disproportionately used against the most vulnerable and marginalised sections of society.

72% of prisoners were classified as economically vulnerable
53% of prisoners were in low-paid work or unemployed
87% of prisoners had no qualifications beyond secondary school level
15% of prisoners had no formal education.

The study also raised serious concerns around the treatment of prisoners, the length of time prisoners spent in prison under the sentence of death and the integrity of criminal investigations and trial.

33% of prisoners’ families alleged their relative had been tortured in police custody, 5% suspected this and 15% refused to comment
60% of respondents were not satisfied with the trial process, with some claiming that the courts had failed to properly appreciate the evidence
On average it took over 10 years for death row cases to be disposed by the HCD (where sentences are confirmed). Prolonged time spent in isolation on death row, has been declared inhumane and degrading in many countries.

The sample consisted of 39 individuals on death row, evidence from their case files and face-to-face interviews with their families were conducted under rigorous ethical guidelines to reveal their profiles and experiences. Despite its small size, the sample is indicative of the general prison population allowing us to draw conclusions on possible trends.

• Document type Academic report / NGO report
• Countries list Bangladesh
• Themes list Death Row Conditions 

To date, 12 African countries have abolished the death penalty for all crimes;
20 retain the death penalty but are no longer carrying out executions; and 21 retain and use
the death penalty. The World Coalition against the death penalty has decided to devote the
World Day 2005 to a campaign to encourage all African countries to abolish capital
punishment permanently.

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Affiche journée mondiale 2005

Despite a steady increase worldwide in the number of states that have abolished the death penalty, capital punishment remains a troubling presence in the international order. The world’s leading powers in terms of economics and population include the retentionist states of China, India, Japan and the United States of America (USA). It seems there is no linear path to abolition, and its achievement is indeterminate. Yet, in international human rights law, death penalty abolition is a powerful norm embraced by half the countries across the world. While the majority of death penalty research has emanated from and focuses on the USA, well over 90 per cent of global executions occur in Asia, which lags behind the global trend towards abolishing the death penalty. Our symposium and this collection seek to bring perspectives from a variety of disciplines and methods—historical, legal, sociological, comparative— to bear on the questions of retention and abolition in a variety of jurisdictions and time periods.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

• Document type Academic report

Intiatives World Day 2005

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Initiatives journée mondiale 2005

Two-thirds of the countries worldwide have moved away from the death penalty in law or in practice, with global and regional organisations as well as individual governments working towards universal abolition. This article critically examines the narratives of these abolitionist governments that have abolished the death penalty in their country and have adopted the role of ‘moral crusaders’ (Becker 1963) in pursuit of global abolition. In 2018, the Australian Government, while being surrounded by retentionist states in Asia, joined the anti–death penalty enterprise along with the European Union, the United Kingdom and Norway. Using the concepts of ‘moral crusader’ (Becker 1963) and ‘performativity’ (Butler 1993), this article argues that advocacy must be acted on repeatedly for governments to be anti–death penalty advocates. Otherwise, these government efforts serve political ends in appearance but are simply a self-serving form of advocacy in practice.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

• Document type Academic report

Initiatives World Day 2006

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Initiatives journée mondiale 2006

Detailed Factsheet 2010

• Document type Campaigning
• Themes list Trend Towards Abolition
• Available languages Fiche détaillée 2010

Cuba has maintained a de facto moratorium on the imposition of the death penalty since its last reported execution in 2003. In 2010, Cuba’s Supreme Court commuted the death sentence of Cuba’s last remaining death row inmate. As of the date of this report, there is no record of an individual currently sentenced to death. Although a de facto moratorium is in place, Cuba has not committed to a de jure abolition of the death penalty, citing national security concerns.

• Document type NGO report / World Coalition
• Countries list Cuba
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment

The FIACAT and ACAT Liberia organized an awareness-raisingworkshop on 17 and 18 September 2019 in Monrovia (Liberia) for 30 participants: Muslim and Christian religious leaders, traditional chiefs, members of civil society organizations, journalists, members of the Independent National Commissionon Human Rights (INCHR) and parliamentarians. This workshop resulted in the production of this publication to raise awareness among opinion leaders on the abolition of the death penalty in Liberia, considering the specific characteristicsand needs of the country.

• Document type Arguments against the death penalty