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Document(s)

Keep the Death Penalty Abolished in the Philippines (Bicolano)

By World Coalition Against Death Penalty, on 23 March 2021


2021

Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2584 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Tagalog)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2519 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Pangasinense)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 1042 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Marano)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 1410 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Kapampangan)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 731 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Ilokano)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2550 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Hiligaynon)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2538 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (Cebuano)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines


More details Download [ pdf - 2567 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

  • Document type Campaigning
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Keep the Death Penalty Abolished in the Philippines (English)

By World Coalition Against Death Penalty, on 23 March 2021


Campaigning

Drug Offenses

Philippines

fr
More details Download [ pdf - 7827 Ko ]

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

Document(s)

Joint letter with the Inter-American Commission on Human Rights on the occasion of the 30th anniversary of the Protocol to the American Convention on Human Rights to abolish the death penalty

on 1 January 2020


2020

NGO report

Regional body report

esfr
More details Download [ pdf - 105 Ko ]

Document(s)

Texas Death Penalty Developments in 2022: The Year in Review

By Texas Coalition to Abolish the Death Penalty, on 16 December 2022


2022

NGO report

United States


More details See the document

Use of the death penalty in Texas remained near historic low levels in 2022, with juries sentencing two people to death and the State executing five people. Three other scheduled executions were stayed by the Texas Court of Criminal Appeals (CCA). Overall, the eight execution dates set for 2022 were the fewest in Texas since 1996.
Despite their low number, the executions set and carried out in 2022 raise troubling issues about the fairness and utility of the death penalty. Four of the men put to death, including 78-year-old Carl Wayne Buntion, suffered from physical or mental impairments or histories of childhood trauma, while two maintained their innocence of the crimes for which they were convicted.

  • Document type NGO report
  • Countries list United States

Document(s)

Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty – Yearly supplement of the Secretary-General to his quinquennial report

By United Nations / Human Rights Council, on 8 September 2020


2020

United Nations report

fresruzh-hant
More details See the document

The Report examines the possible consequences of the imposition and application of the death penalty on the enjoyment of various human rights, including human dignity, the right to life, the right to freedom from torture or other cruel, inhuman or degrading treatment or punishment, the right to a fair trial and the right to equality and non-discrimination. It further examines the human rights consequences of the lack of transparency in the imposition and application of the death penalty.

Document(s)

Sentenced to death without execution: Why capital punishment has not yet been abolished in the Eastern Caribbean and Barbados

By Death Penalty Project, on 1 January 2020


2020

NGO report


More details See the document

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,

Document(s)

Legislators’ Opinions on the Death Penalty in Taiwan

on 24 March 2022


2022

NGO report

Public Opinion 

Taiwan

zh-hant
More details See the document

In 2021, The Death Penalty Project and the Taiwan Alliance to End the Death Penalty (TAEDP) commissioned Professor Carolyn Hoyle at the University of Oxford and Professor Shiow-duan Hawang at Soochow University, Taipei to carry out a study exploring Taiwanese legislators’ attitudes towards capital punishment.

The study reveals that the majority of Taiwan’s legislators would like to see the death penalty abolished. The risk of wrongful convictions, the abuse of human rights and a recognition that the death penalty has no unique deterrent effect, were the primary reasons cited for supporting abolition. Additionally, a majority of legislators interviewed expressed fairly low levels of trust in the Taiwanese criminal justice system, with doubts raised over its ability to offer adequate safeguards to individuals facing capital trials.

Key findings:

– 61% of legislators interviewed are in favour of abolishing the death penalty
– 39% of legislators interviewed are in favour of retaining the death penalty, but only one legislator was strongly in favour
– 71% of retentionists and 65% of abolitionists asserted that wrongful convictions ‘sometimes’ occurred
– Only 11% of legislators interviewed thought that wrongful convictions ‘rarely’ occur
– All legislators interviewed expressed a preference for social justice measures, such as poverty reduction, over increased executions when asked to rank a range of policies aimed at reducing violent crime

Document(s)

Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By United Nations, on 1 January 2017


2017

United Nations report


More details See the document

The present report is submitted pursuant to resolution 30/5 of the Human Rights Council. The report examines the consequences arising at various stages of the imposition and application of the death penalty on the enjoyment of the human rights of those facing the death penalty. It pays specific attention to the right to equality and non-discrimination in the context of the use of the death penalty. The report also highlights the discriminatory application of the death penalty to foreign nationals.

  • Document type United Nations report
  • Themes list International law, Right to life, Death Penalty,

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2005


2005

United Nations report

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More details See the document

The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, and Council decision 2005/247 of 22 July 2005, is the eighth quinquennial report of the Secretary-General on capital punishment. It covers the period 2004-2008 and reviews developments in the use of capital punishment. The report confirms a very marked trend towards abolition and restriction of the use of capital punishment in most countries. The rate at which States that retained the death penalty at the start of the quinquennium have abolished its use either in law or in practice is comparable with that of previous reporting periods, and may even be accelerating slightly. Moreover, countries that retain the death penalty are, with rare exceptions, significantly reducing its use in terms of numbers of persons executed and the crimes for which it may be imposed. Nevertheless, where capital punishment remains in force, there are serious problems with regard to the respect of international norms and standards, notably in the limitation of the death penalty to the most serious crimes, the exclusion of juvenile offenders from its scope, and guarantees of a fair trial.

Document(s)

Note verbale dated 11 March 2011 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

Chad

China

Democratic People's Republic of Korea

Democratic Republic of the Congo

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Moratorium

Myanmar

Niger

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Sierra Leone

Singapore

Solomon Islands

Somalia

Sudan

Syrian Arab Republic

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The permanent missions to the United Nations in New York listed below have the honour to refer to General Assembly resolution 65/206, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 11 November 2010, and subsequently by the General Assembly on 21 December 2010 by a recorded vote. The permanent missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention of existing stipulations under international law, for the following reasons:

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Arizona Death Penalty Assessment Report: An Analysis of Arizona’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


2006

NGO report


More details See the document

To assess fairness and accuracy in Arizona’s death penalty system, the Arizona Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Arizona Death Penalty Assessment Report summarizes the research on each issue and analyzes the State’s level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Georgia Death Penalty Assessment Report: An Analysis of Georgia’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


NGO report


More details See the document

To assess fairness and accuracy in Georgia’s death penalty system, the Georgia Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Georgia Death Penalty Assessment Report summarizes the research on each issue and analyzes the level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

Document(s)

EVALUATING FAIRNESS AND ACCURACY IN STATE DEATH PENALTY SYSTEMS: The Alabama Death Penalty Assessment Report: An Analysis of Alabama’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2006


NGO report


More details See the document

To assess fairness and accuracy in Alabama’s death penalty system, the Alabama Death Penalty Assessment Team researched twelve issues: (1) collection, preservation, and testing of DNA and other types of evidence; (2) law enforcement identifications and interrogations; (3) crime laboratories and medical examiner offices; (4) prosecutorial professionalism; (5) defense services; (6) the direct appeal process; (7) state postconviction proceedings; (8) clemency; (9) jury instructions; (10) judicial independence; (11) the treatment of racial and ethnic minorities; and (12) mental retardation and mental illness. The Alabama Death Penalty Assessment Report summarizes the research on each issue and analyzes the level of compliance with the relevant ABA Recommendations.

  • Document type NGO report

Document(s)

India and the Death Penalty Using the Media: How an Event Can Influence the Establishment of the Death Penalty

By Ensemble contre la peine de mort (ECPM), on 1 January 2017


2017

NGO report


More details See the document
  • Document type NGO report
  • Themes list Public debate, Member organizations, Death Penalty,

Document(s)

Breaking new ground: The need for a protocol to the African Charter on the abolition of the death penalty in Africa

By Lilian Chenwi / African Human Rights Law Journal, on 1 January 2005


2005

Article


More details See the document

The question addressed in this article is whether there is need for a protocol on the abolition of the death penalty in Africa. The African Charter on Human and Peoples’ Rights (African Charter)2 makes no mention of the death penalty or the need to abolish it.3 Further, only six African states have ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty. Since the protocol would, most likely, take into consideration the unique problems of the continent, it stands a better chance of effectively supplementing the provisions of the African Charter than the Second Optional Protocol.

  • Document type Article
  • Themes list Public debate,

Document(s)

The People Decide: The Effect of the Introduction of the Quasi-Jury System (Saiban-In Seido) on the Death Penalty in Japan

By Leah Ambler / Northwestern Journal of International Human Rights, on 1 January 2007


2007

Article

Japan


More details See the document

This article examines the potential impact of the new lay assessor system, or saiban-in seido, on capital punishment in Japan, and considers whether it may reduce death sentences to the point of effectively abolishing them at trial stage in the District Court. The article posits that the introduction of the lay assessor system may create the momentum for Japan to align its criminal justice system with that of other developed countries—that is, abolition of the death penalty as an available criminal sanction.

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

Document(s)

The Death Penalty in the OSCE Area: Background Paper 2022

By Organization for Security and Co-operation in Europe, on 7 October 2022


2022

Regional body report


More details See the document

This paper updates The Death Penalty in the OSCE Area: Background Paper 2021. It is intended to provide a concise update to highlight changes in the status of the death penalty in OSCE participating States since the previous publication and to promote constructive discussion of the issue. It covers the period from 1 April 2021 to 31 March 2022.

  • Document type Regional body report

Document(s)

A/HRC/42/28 – Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty

By Human Rights Council, on 8 September 2020


2020

United Nations report

frruzh-hantar
More details See the document

The present report is submitted pursuant to resolution 36/17,of the Human Rights Council. The report examines the consequences arising at various stages of the imposition and application of the death penalty on the enjoyment of the human rights of persons facing the death penalty and other affected persons. It pays specific attention to the impact of the resumption of the use of the death penalty on human rights

Document(s)

God and the Executioner: The Influence of Western Religion on the Use of the Death Penalty

By Davison M. Douglas / William and Mary Bill of Rights Journal, on 1 January 2000


2000

Article

United States


More details See the document

In this essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state’s use of the death penalty. He surveys the Christian Church’s strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the “pulpit and the pew” as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by noting the declining influence of religious organizations over the social policy choices of their members. He concludes that the fate of the death penalty in America will therefore “most likely be resolved in the realm of the secular rather than the sacred.

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

Document(s)

Leaflet on the Protocol to the African Charter on Human and Peoples’ Rights on the Abolition of the Death Penalty

By FIACAT, on 1 January 2017


2017

Multimedia content

enfr
More details Download [ pdf - 345 Ko ]

To supplement and strengthen the provisions of the African Charter on Human and Peoples’ Rights, Article 66 of the Charter authorises the adoption of Protocols or special agreements. It is on this basis that the African Commission on Human and Peoples’ Rights (ACHPR) – the African Union (AU) authority responsible for promoting and protecting human rights in Africa – proposed that the AU adopt a specific Protocol on the abolition of the death penalty that specifies that “the right to life is the foundation of all the other rights” and that “the abolition of the death penalty is vital for the effective protection” of this right.

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty : report of the Secretary-General

By United Nations / Economic and Social Council, on 1 January 2015


2015

United Nations report

rufreszh-hant
More details See the document

The Economic and Social Council, by its resolution 1745 (LIV) of 16 May 1973, invited the Secretary-General to submit to it, at five-year intervals starting from 1975, periodic updated and analytical reports on capital punishment. The Council, by its resolution 1995/57 of 28 July 1995, recommended that the quinquennial reports of the Secretary-General should continue to cover also the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty. By the same resolution, the Council requested the Secretary-General, in preparing the quinquennial report, to draw on all available data, including current criminological research. The present ninth quinquennial report reviews the use of and trends in capital punishment, including the implementation of the safeguards during the period 2009-2013.

Document(s)

The Death Penalty in 2016: trends confirm global movement toward restricted use of the death penalty

By Cornell Law School, on 8 September 2020


2020

Article


More details See the document

The number of abolitionist countries continued to grow in 2016, but national crises have created a political climate that heightens the risk that the death penalty will be reintroduced in a handful of abolitionist nations.The Cornell Center on the Death Penalty Worldwide assesses the evolutions of the worldwide situation of the death penalty in 2016.

  • Document type Article
  • Themes list Trend Towards Abolition, Cruel, Inhuman and Degrading Treatment and Punishment, Member organizations, World Coalition Against the Death Penalty, Death Penalty,

Document(s)

Death Penalty: Sociological Survey of Public Opinion on the Abolition of the Death Penalty in the Republic of Tajikistan

By Penal Reform International, on 1 January 2013


2013

NGO report


More details See the document

The present study of public opinion on the death penalty in Tajikistan was conductedbetween June and August 2013. The main purpose of the study was to obtain reliableinformation about public opinion on the deathpenalty in Tajikistan, its awareness ofthe changes that have occurred in this areaand to see any changes in attitude since2010.

  • Document type NGO report
  • Themes list Public opinion,

Document(s)

Indigenous constitutionalism and the death penalty: The case of the Commonwealth Caribbean

By Margaret A. Burnham / International Journal of Constitutional Law, on 1 January 2005


2005

Article

Antigua and Barbuda


More details See the document

The Commonwealth Caribbean remains an obstinate holdout against the international trend limiting use of the death penalty. The death row population in the region per capita is about four times that of the United States. Widely debated in legal circles for a decade, capital punishment jurisprudence will be affected by the creation of the regional appellate court that was launched in April 2005. Modeled after the European Court of Justice, the Caribbean Court of Justice (CCJ) will assume the constitutional jurisdiction currently exercised by the Judicial Committee of the London-based Privy Council. Critics claim the CCJ was created to undo the constraints on the death penalty decreed by the Privy Council and international human rights tribunals, while proponents maintain that the new court completes the region’s assumption of sovereignty. This article situates the debate in the constitutional history of the independence era, the current regionalization movement, and the interplay between international norms and domestic fundamental rights.

  • Document type Article
  • Countries list Antigua and Barbuda

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty : report of the Secretary-General

By United Nations, on 1 January 2001


2001

United Nations report

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More details See the document

The present, sixth quinquennial report contains a review of the trends in the application of the death penalty, including the implementation of the safeguards, during the period l994-2000. It is a revised, updated version of the report of the Secretary-General on the subject (E/2000/3) that was submitted to the Council at its substantive session of 2000, to the Commission on Crime Prevention and Criminal Justice at its ninth session and to the Commission on Human Rights at its fifty-sixth session. Sixty-three countries participated in the survey. There was again a relatively poor response from retentionist countries, especially those making the most use of capital punishment. One major conclusion to be drawn is that, since l994, the rate at which countries have embraced abolition has remained unchanged.

Document(s)

Moratorium on the use of the death penalty. Report of the Secretary-General (2008)

By United Nations, on 8 September 2020


2020

United Nations report

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More details See the document

The present report surveys respect for the rights of those sentenced to death as set out in the international human rights treaties and the guidelines established by the Economic and Social Council in 1984. Drawing on contributions of Member States, the report surveys various motivations for establishing a moratorium on or abolishing the death penalty, as well as those for retaining the death penalty. It also includes up-to-date statistical information on the worldwide use of the death penalty, including moratoriums established in States that have not abolished this form of punishment, together with relevant developments since the sixty-second session of the General Assembly. The report concludes by confirming the global trend towards abolition of the death penalty, the important role played by moratoriums in those States that seek to abolish it and possibilities for further work on the issue.

Document(s)

Children of parents sentenced to death or executed: How are they affected? How can they be supported?

By Child Rights Connect , on 8 September 2020


Arguments against the death penalty


More details See the document

From the point of arrest decades after the execution or release of a parent accused of a capital crime, the children’s mental health and wellbeing, living situation, and relationships with others can all be affected, usually in a devastating manner. The inherent trauma of knowing that a loved one is going to be executed can be exacerbated by public indifference or hostility, and by authorities who either fail to recognise or deliberately refuse to consider the situation of these children. This publication addresses the challenges to support the children.

  • Document type Arguments against the death penalty
  • Themes list Juveniles, International law, Murder Victims' Families,

Document(s)

The Death Penalty in Ohio: Fairness, Reliability, and Justice at Risk—A Report on Reforms in Ohio’s Use of the Death Penalty Since the 1997 Ohio State Bar Association Recommendations

By S. Adele Shank / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

The report as presented to the Ohio State Bar Association Council of Delegates in 1997,the OSBA’s recommendations and, where there have been changes in the law since that time, updates reflecting those changes. New information is noted at the conclusion of each section of the report immediately following the OSBA recommendation for that section.

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

Document(s)

Moratoriums on the use of the death penalty. Report of the Secretary-General (2010)

By United Nations, on 8 September 2020


2020

United Nations report

frruareszh-hant
More details See the document

The present report is submitted to the General Assembly pursuant to General Assembly resolution 63/168. The report confirms the global trend towards abolition of the death penalty. It also recommends that Member States introduce a moratorium on the death penalty. Those States which still intend to implement the death penalty and are not willing to establish a moratorium should apply the death penalty only in the case of the most serious crimes. The protection of the rights of those facing the death penalty should be ensured, pursuant to the relevant international laws. Furthermore, in that regard, States have an obligation not to practise the death penalty in secrecy, nor to practice discrimination in its application.

Document(s)

Another Place Beyond Here: The Death Penalty Moratorium Movement in the United States

By Jeffrey L. Kirchmeier / University of Colorado Law Review, on 1 January 2002


2002

Article

United States


More details See the document

Professor Kirchmeier examines the recent decline in support for the death penalty in the United States and the resulting emergence of a movement to impose a moratorium on executions. After discussing the history of the death penalty abolition movement in the United States, he identifies five major and seven minor events that have contributed to the growth of the Death Penalty Moratorium Movement. Then, he compares the current Moratorium Movement to other similar reform periods: the 1960s Death Penalty Abolitionist Movement; legislative abolition of the death penalty in several states during the mid-1800s and early 1900s; death penalty abolition in other countries; and the Anti-Lynching Movement of the early 1900s. Based on the history of these other movements, Professor Kirchmeier discovers various lessons for today’s Moratorium Movement, including lessons about strategy and the roles of public opinion and leadership. Finally, using these lessons from history and looking at recent events, he considers the future of the Moratorium Movement. Professor Kirchmeier concludes that for the Movement to continue to be successful: (1) there must be no major national distracting forces; (2) the Movement must continue to broaden its arguments and not be overly dependent upon one issue, one person, or one strategy; (3) the Movement must continue seek support from unexpected voices; and (4) the Movement must stay focused on the goals of achieving popular support and creating new leaders. Finally, Professor Kirchmeier predicts that the Moratorium Movement is strong enough to continue to have lasting effects.

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

Document(s)

Note verbale dated 10 February 2009 from the Permanent Missions to the United Nations of Afghanistan, the Bahamas, […] and Zimbabwe addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

Chad

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Gambia

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia

Moratorium

Myanmar

Niger

Nigeria

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention to existing stipulations under international law, for the following reasons:

Document(s)

International Perspectives on the Death Penalty: A Costly Isolation for the U.S.

By Death Penalty Information Center / Richard C. Dieter, on 1 January 1999


1999

NGO report


More details See the document

This report examines the sequence of recent events that has increasingly placed the death penalty in the international spotlight. Some of these events are direct challenges to the practice of capital punishment in the U.S. Others are changes in the balance of death penalty practices and attitudes around the world. The report looks at the ways in which the international community has sought to limit the application of the death penalty, and the U.S.’s response to these initiatives. It also explores the world-wide trend towards complete abolition of the death penalty and the U.S. reaction. Although much of the official U.S. response to international criticism has been denial, the report looks at some local and unofficial actions, which indicate a different direction. Finally, the report notes the present and potential costs the U.S. is facing for adhering to the death penalty.

  • Document type NGO report
  • Themes list Networks,

Document(s)

Preventing the Reintroduction of the Death Penalty in the Philippines

By World Coalition Against the Death Penalty, Mai Sato and Sara Kowal, on 10 August 2021


2021

Campaigning

Philippines

Public Opinion 

fr
More details Download [ pdf - 218 Ko ]

Findings of a study on the threats facing local civil society efforts to combat reinstroduction of the death penalty and the risks involved with reintroducing the death penalty in the Philippines.

Document(s)

The American Death Penalty and the (In)Visibility of Race

By Death Penalty Information Center / Carol S. Steiker / Jordan M. Steiker, on 1 January 2015


2015

Article

United States


More details See the document

In a new article for the University of Chicago Law Review, Professors Carol S. Steiker (left) of the University of Texas School of Law and Jordan M. Steiker (right) of Harvard Law School examine the racial history of the American death penalty and what they describe as the U.S. Supreme Court’s “deafening silence” on the subject of race and capital punishment. They assert that the story of the death penalty “cannot be told without detailed attention to race.” The Steikers’ article recounts the role of race in the death penalty since the early days of the United States, including the vastly disproportionate use of capital punishment against free and enslaved blacks in the antebellum South and describes the racial and civil rights context in which the constitutional challenges to the death penalty in the 1960s and 1970s were pursued. The authors contrast the “salience of race” in American capital punishment law and practice through the civil rights era with the “relative invisibility [of race] in the judicial opinions issued in the foundational cases of the modern era.”

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

Document(s)

United Nations General Assembly – Resolutions of the 77th Session

By United Nations, on 15 December 2022


2022

United Nations report

aresfrruzh-hant
More details See the document

This report provided by the United Nations General Assembly presents the resolutions of the 77th session. It includes reports on the moratorium on the use of the death penalty (A/77/463/Add.2 DR XII) which was adopted on the 15th of December 2022 with a vote (125-37-22) (A/77/PV.54) under item 68(b). Guided by the purposes and principles contained in the Charter of the United Nations, it reaffirms the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child and recalls the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

Document(s)

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

By Amnesty International, on 1 January 2007


2007

NGO report

esfr
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)

The death penalty and the “most serious crimes”: A country -by -country overview of the death penalty

By International Commission Against the Death Penalty, on 1 January 2013


2013

NGO report


More details See the document

This document provides brief commentary on the concept of “most serious crimes”, followed by a country by country overview of criminal offences punishable by death in retentionist states

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

Document(s)

The Death Penalty Is Dead Wrong: Jus Cogens Norms and the Evolving Standard of Decency

By Geoffrey Sawyer / Penn State International Law Review, on 1 January 2004


2004

Article

Nigeria


More details See the document

The conviction of Amina Lawal in Nigeria for committing adultery and sentence of death by stoning created an international outcry of support to overturn her sentence. The support she received is a reflection of the outrage many around the world feel toward this particular method of execution, and in a larger context the growing social norm that the death penalty should be abolished. As more of the world looks upon the death penalty as unfair, or cruel and unusual, or as torture, arguably, a jus cogens norm prohibiting the death penalty has developed in international law, and will ultimately be the vehicle by which the death penalty will be abolished worldwide. Part I of this comment will detail the plight of Amina Lawal, and how her situation is indicative of the globalization of human rights norms. In Part II, this comment will examine the meaning of a jus cogens norm and how it can be established in the context of capital punishment. Using human rights treaties, the law and practice of other nations, and international tribunal decisions, Part III will assert, citing other contexts, such as the “right to life,” and the already entrenched jus cogens norm prohibiting torture, that a jus cogens norm abolishing the death penalty has arguably already been established. Finally, Part IV will assess what the effect of the establishment of a jus cogens norm prohibiting capital punishment.

  • Document type Article
  • Countries list Nigeria
  • Themes list Stoning,

Document(s)

Iran/death penalty: A state terror policy – Special edition for the 4th World Congress against the death penalty

By Bijan Baharan / International Federation for Human Rights (FIDH), on 8 September 2020


2020

NGO report

Iran (Islamic Republic of)

fa
More details See the document

This report covers the various aspects of the topic including: domestic laws, international legal framework, execution of juvenile offenders, religious and ethnic minorities, and methods of execution. According to the report, there are over 20 main categories of offences, some of them with several sub-categories, in the IRI, which are punishable by the death penalty. The majority of those “offences” are certainly not among “the most serious crimes.” Some others should not be considered as “offences” at all. In conclusion, FIDH issued a wide set of recommendations to the IRI and the international community. Among others, it recommended the adoption of an immediate moratorium on executions in light of the serious shortcomings of the guarantees of due process and fair trial.

Document(s)

No death penalty: Essay on the human dignity of the guilty

By Alfredo De Francesco , on 11 January 2022


2022

Book


More details See the document

Is the death penalty “natural” or sometimes legally due?
If not, is the death penalty always a political instrument?
If so, how and why can it be said that the death penalty is unjust, also considering religious values?
What about in case of war time or of very dangerous criminals?
In which way can there be an irrefutable argument for banning the death penalty worldwide and forever?

These and other issues concerning the death penalty are addressed by the Author of this book.
A book, where the most common theories for and against the death penalty are considered in the light of law history and philosophical views, and where Cesare Beccaria’s approach is revised, taking into account the development of the contemporary criminal law and of the legal positivism.

This is an essay, where the protection of humanity is not considered simply as a hope or as a naive dream, but rather as a juridical concept, absolutely necessary to understand one of most tragic questions of all time: “is it just to kill those who killed?”

  • Document type Book

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

esruzh-hantarfr
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)

Life After Sentence of Death: What Becomes of Individuals Under Sentence of Death After Capital Punishment Legislation is Repealed or Invalidated

By James R. Acker, Brian W. Stull, on 25 July 2021


2021

Academic report

United States


More details See the document

More than 2500 individuals are now under sentence of death in the United States. At the same time, multiple indicators—public opinion polls, legislative repeal and judicial invalidation of deathpenalty laws, the reduction in new death sentences, and infrequency of executions—suggest that support for capital punishment has significantly eroded. As jurisdictions abandon or consider eliminating the death-penalty, the fate of prisoners on death row—whether their death sentences, valid when imposed, should be carried out or whether these individuals should instead be spared execution—looms as contentious political and legal issues, fraught with complex philosophical, penological, and constitutional questions. This article presents a detailed account of what has happened historically to persons awaiting execution, principally within the United States but also internationally, at the time capital-punishment legislation is repealed or invalidated (either completely, or with respect to a narrow category of crimes or persons). Our analysis has uncovered no instances of executions being carried out under those circumstances. This finding has important policy implications and is directly relevant to the Supreme Court’s Eighth Amendment jurisprudence, which relies on execution practices as one measure to help inform the Court about whether the death penalty is a cruel and unusual punishment.

  • Document type Academic report
  • Countries list United States

Document(s)

China’s Death Penalty: The Supreme People’s Court, the Suspended Death Sentence and the Politics of Penal Reform

By Susan Trevaskes / British Journal of Criminology, on 1 January 2013


2013

Article

China


More details See the document

This paper examines the issue of judicial discretion and the role of the Supreme People’s Court (SPC) in death penalty reform since 2007. The SPC has been encouraging judges to give ‘suspended’ death sentences rather than ‘immediate execution’ for some homicide cases. Lower court judges are encouraged to use their discretion to recognize mitigating circumstances that would allow them to sentence offenders to a suspended death sentence. The SPC has used ‘guidance’ instruments which include ‘directives’ and other SPC interpretations and a new ‘case guidance’ system which provides case exemplars to follow. The study explored these guidance instruments as a way of deepening the understanding of how law, politics and judicial practices are interwoven to achieve reform goals.

  • Document type Article
  • Countries list China
  • Themes list Death Penalty, Country/Regional profiles,

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2005


2005

International law - United Nations

esesruarruarzh-hantzh-hantfrenfr
More details See the document

The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, is the seventh quinquennial report of the Secretary-General on capital punishment.1 It covers the period 1999-2003 and reviews developments in the use of capital punishment worldwide, both in law and in practice. The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

The Death Penalty in the OSCE Area: Background Paper 2017

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2017


2017

International law - Regional body


More details See the document

OSCE participating States have made a number of commitments regarding the death penalty, including considering the potential abolition of capital punishment, to exchange information toward that end and to make information on the use of the death penalty available to the public.1 Where the death penalty is still in use, participating States have agreed that it could be imposed only for the most serious crimes and only in line with international commitments.2 In light of these commitments and its mandate, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) monitors trends and new developments regarding human rights standards and practices among OSCE participating States related to the death penalty. The findings are presented each year in the Background Paper on the Status of the Death Penalty in the OSCE Area. The background paper is based on the information provided by participating States, in the form of responses to ODIHR questionnaires. The information from their responses has been included in the present report, to the extent possible, and is supplemented with information from international and regional human rights bodies, non-governmental organizations and media reports.

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

Document(s)

The European Union and the Abolition of the Death Penalty

By Christan Behrmann and Jon Yorke / Pace University, School of Law, on 1 January 2013


2013

Academic report


More details See the document

This article investigates how the EU has evolved its abolitionist position. It analyzes the development of the region’s internal policy beginning in the European Parliament, to the rejection of the punishment being mandated as a Treaty provision, which evolves into anintegral component of the external human rights project. The EU has now formulated technical bilateral and multilateral initiatives to promote abolition worldwide. This is most clearly evidenced in the EU playing an important role in the 2007 United Nations General Assembly Resolution on the moratorium on the use of the death penalty, and the strengthening of the resolution in 2008, 2010, and 2012. This article demonstrates that the EU’s contribution to the abolition of the deathpenalty is a recognizable success story of human rights, and it is one aspect of the regions’ policies that was rewarded in 2012 with the Nobel Peace Prize.

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

Document(s)

Justice Project Pakistan, Pakistanis Imprisoned Abroad Database

By Justice Project Pakistan (JPP), on 7 February 2024


2024

NGO report

Pakistan


More details See the document

Pakistan is counted among the countries that rely heavily on foreign remittances for economic stability and foreign reserves. However, despite its dependence on foreign remittances from migrant workers, Pakistan has done little to protect its vulnerable citizens from landing in foreign jails. As a result, Pakistan has seen a significant increase in the number of prisoners and executions abroad. Inadequate oversight and the lack of proper enforcement of existing protections is a literal death sentence for scores of Pakistanis who simply seek a better life and improved prospects for loved ones by working abroad.

  • Document type NGO report
  • Countries list Pakistan

Document(s)

The Juvenile Death Penalty Today: Death Sentences and Executions for Juvenile Crimes, January 1, 1973 – February 28, 2005

By Victor Streib / Ohio Northern University, on 8 September 2020


2020

Article

United States


More details See the document

This is Issue #77, the final issue of these periodic reports, having first been launched on June 15, 1984. On that date, the death penalty for juvenile offenders (defined as those under age 18 at the time of their crimes) was an obscure issue in law as well as in political and social arenas. During the last twenty-one years, these reports have been with us (1) through the intense litigation of the late 1980s, (2) through our society’s near hysteria about violent juvenile crime in the 1990s, (3) into the era of the international pressure on the United States to abandon this practice, and (4) now at the end of this practice. The validity and influence of these reports is indicated by thecitations to them in the opinions of leading courts, including the United States Supreme Court: Roper v. Simmons, 125 S.Ct. 1183, 1192, 1193, 1210, 1211, 1221 (2005); In re Stanford, 537 U.S. 968, 971 (2002); and Stanford v. Kentucky, 492 U.S. 361, 373 (1989). In the litigation leading up to the final juvenile death penalty case before the United States Supreme Court (Roper v. Simmons, 125 S.Ct. 1183 (2005)), the Missouri Supreme Court majority opinion included 12 citations to these reports: See Simmons v. Roper, 112 S.W.3d 397, 408, 409, 411 (Mo. 2003). This final issue of this periodic report is intended to document the status of the death penalty for juvenile offenders as ofthe day before the United States Supreme Court held this practice to be unconstitutional. These reports sketch the characteristics of the juvenile offenders and their crimes who have been sentenced to death, who have been executed, and who are currently under death sentences. —- See bottom left hand corner of web page.

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

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


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)

The Death Penalty: Should the Judge or the Jury Decide Who Dies?

By John H. Blume / Theodore Eisenberg / Sheri Lynn Johnson / Cornell Law Review / Martin T. Wells / Valerie P. Hans / Amelia Courtney Hritz / Caisa E. Royer, on 1 January 2014


2014

Academic report


More details See the document

This article addresses the effect of judge versus jury decision making through analysis of a database of all capital sentencing phase hearing trials in the state of Delaware from 1977-2007. Over the three decades of the study, Delaware shifted responsibility for death penalty sentencing from the jury to the judge. Currently, Delaware is one of the handful of states that gives the judge the final decision making authority in capital trials. Controlling for a number of legally-relevant and other predictor variables, we find that the shift to judge sentencing significantly increased the number of death sentences. Statutory aggravating factors, stranger homicides, and the victim’s gender also increased the likelihood of a death sentence, as did the county of the homicide. We reflect on the implications of these results for debates about the constitutionality of judge sentencing in capital cases.

  • Document type Academic report
  • Themes list Statistics, Country/Regional profiles,

Document(s)

Death penalty in Iran: A State terror policy – Special Update for 11th World Day against the Death Penalty

By International Federation for Human Rights (FIDH), on 8 September 2020


2020

NGO report

Iran (Islamic Republic of)

fa
More details See the document

The change of administration in the Islamic Republic of Iran (IRI) and taking of office by a new president on 3 August 2013 has not brought any change as far as the death penalty is concerned. Between the 14 June presidential election and 1st October, more than 200 people have been reportedly executed, including possibly three people who may have been younger than 18 at the time of the commission of the alleged crimes.Against this backdrop, FIDH and its member organisation, LDDHI, have decided topublish the present report to analyse the new penal laws in force in Iran that are invoked consistently to violate the right to life in general and to execute child offenders. Coinciding with 10 October 2013, World Day against the Death Penalty, this report aimsto serve as an update on the current state of application of the death penalty in the IRI.

Document(s)

The Death of the American Death Penalty

By L. Koch / Northeastern University Press / J. Galliher, on 1 January 2012


2012

Book

United States


More details See the document

A new book by Larry Koch, Colin Wark and John Galliher discusses the status of the death penalty in the U.S. in light of recent legislative activity and court decisions. In The Death of the American Death Penalty, the authors examine the impact of factors such as economic conditions, public sentiment, the role of elites, the media, and population diversity on the death penalty debate.

  • Document type Book
  • Countries list United States
  • Themes list Public opinion, Public debate,

Document(s)

Key legal Instruments and texts adopted on Abolition of the death penalty by the Council of Europe

By Council of Europe, on 24 January 2023


2023

Regional body report

Trend Towards Abolition

fr
More details See the document

All the Council of Europe documents related to abolition of the death penalty gathered in one page : decisions of the Committee of Ministers, resolutions of the Parliamentary Assembly, Treaties…

Document(s)

What Strategies Towards the Abolition of the Death Penalty in West Africa? : Report of the Symposium in Dakar

By FIACAT, on 1 January 2012


2012

NGO report


More details See the document

The regional seminar on the abolition of the death penalty in West Africa took place inDakar (Senegal) from 12-14 November 2012. This workshop brought together nineteenACAT members affiliated to FIACAT. It was therefore possible for each of the nine West Afri-can ACATs1to be represented by two participants (with the exception of Senegal, whichwas represented by three members).Participants at the workshop attended lectures and had the opportunity to developnational action plans for achieving abolition in their countries. According to feedbackreceived at the end of the seminar, attendees found the practical nature of the lectures,and the opportunity to network with other ACATs and learn from the experiences of otherparticipants, particularly beneficial.This document is a collection of all of the lectures from the Dakar seminar, as well asinternational and African texts relating to the death penalty. It is intended as a practicaltool to assist us as we progress towards abolition in Sub-Saharan Africa.

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

Document(s)

The Rise, Fall, and Afterlife of the Death Penalty in the United States

By Carol S. Steiker / Annual Review of Law and Social Science, on 1 January 2020


2020

Article

United States


More details See the document

This review addresses four key issues in the modern (post-1976) era of capital punishment in the United States. First, why has the United States retained the death penalty when all its peer countries (all other developed Western democracies) have abolished it? Second, how should we understand the role of race in shaping the distinctive path of capital punishment in the United States, given our country’s history of race-based slavery and slavery’s intractable legacy of discrimination? Third, what is the significance of the sudden and profound withering of the practice of capital punishment in the past two decades? And, finally, what would abolition of the death penalty in the United States (should it ever occur) mean for the larger criminal justice system?

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

Document(s)

Incestuous Rape and the Death Penalty in the Philippines: Psychological and Legal Implications

By Seema Kandelia / Philippine Law Journal, on 1 January 2006


2006

Article

Philippines


More details See the document

The majority of those on death row in the Philippines have been convicted of rape crimes, including rape of a minor, rape of a family member and other aggravated forms of rape. Looking at incestuous rape in particular, this paper will examine some of the psychological and legal difficulties of imposing the death penalty for such a crime. It will focus on the effects the administration of the death penalty has on the victim and the victim’s family, as well as looking at some of the legal, evidential and procedural problems that arise in this jurisdiction’s imposition of the death penalty for rape.Despite the continued existence of the death penalty for incestuous rape, the number of reported cases has not diminished. Recognising this, local women’s groups in the Philippines have called for the root causes of incest and other forms of violence against women to be addressed rather than imposing the death penalty for rape. This response will also be considered within the broader context of Filipino gender relations.

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

Document(s)

A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago

By Douglas Mendes / Florence Seemungal / Jeffrey Fagan / Roger Hood / The Death Penalty Project, on 1 January 2009


2009

NGO report


More details See the document

As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.

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

Document(s)

Death without Justice: A Guide for Examining the Administration of the Death Penalty in the United States

By American Bar Association, on 1 January 2001


2001

Working with...


More details See the document

This guide was created because of the growing flaws in the adminstration of the death penatly, it provides a guide to the death penalty administration process and vulnerable populations in death row administration.

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

Document(s)

Innocence and the Crisis in the American Death Penalty

By Death Penalty Information Center / Richard C. Dieter, on 1 January 2004


2004

NGO report


More details See the document

This report catalogs the emergence of innocence as the most important issue in the long-simmering death penalty debate. The sheer number of cases and the pervasive awareness of this trend in the public’s consciousness have changed the way capital punishment is perceived around the country. The steady evolution of this issue since the death penalty was reinstated in 1976 has been accelerated in recent years by the development of DNA technology, the new gold standard of forensic investigation. This science, along with a vigorous re-investigation of many cases, has led to the discovery of a growing number of tragic mistakes and freed inmates. The evidence in this report presents a compelling case for many Americans that the risks associated with capital punishment exceed acceptable bounds. One hundred and sixteen people have been freed from death row after being cleared of their charges, including 16 people in the past 20 months. These inmates cumulatively spent over 1,000 years awaiting their freedom. The pace of exonerations has sharply increased, raising doubts about the reliability of the whole system.

  • Document type NGO report
  • Themes list Innocence,

Document(s)

The Challenge to the Mandatory Death Penalty in the Commonwealth Caribbean

By JOANNA HARRINGTON / American Journal of International Law, on 1 January 2004


Article


More details See the document

The death penalty is a subject that, in the words of Justice Adrian Saunders of the Eastern Caribbean Court of Appeal, “invariably elicits passionate comment.” Such comment is particularly so within the states that make up the Commonwealth Caribbean, where rising rates of violent crime have led to strong public clamor for a swift and final response. The involvement of foreign courts and quasi-judicial international tribunals in limiting the actual use of the death penalty in the Caribbean has made the issue even more politically charged, leading to a strongly held perception that the judgments of these foreign bodies are unacceptable challenges to the very exercise of Caribbean national sovereignty.

  • Document type Article
  • Themes list Mandatory Death Penalty,

Document(s)

Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty : report of the Secretary-General

By United Nations, on 1 January 2001


2001

United Nations report

esesruarruenarzh-hantzh-hantfrfr
More details See the document

The report shows an encouraging trend towards abolition and restriction of the use of capital punishment in most countries. It also shows that much remains to be done in the implementation of the safeguards guaranteeing protection of the rights of persons facing the death penalty in those countries that retain it.

Document(s)

Does the Rest of the World Matter? Sovereignty, International Human Rights Law and the American Death Penalty

By Oko Elechi / Eric Lamber / Alan W. Clarke / Queen's Law Journal / Laurie Anne Whitt, on 1 January 2004


2004

Article

United States


More details See the document

American officials have indicated that extra efforts will be used to ensure that captured terrorist suspects face the death penalty. Secretary of Defense Donald Rumsfeld has stated that the U.S. military will “try to prevent enemy leaders from falling into the hands of peacekeeping troops from allied nations that might oppose capital punishment.” Americans should be troubled to learn that the United States is out of step with an emerging worldwide consensus that the death penalty, even for the most heinous terrorist, “has no legitimate place in the penal systems of modern civilised societies.” As of July 2004, 117 nations were abolitionist in law or in practice, while only 80 retained the death penalty. The entire Council of Europe–45 nations ranging from Iceland to Russia–now constitutes a death penalty free zone.

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

Document(s)

Shadow Report on the Death Penalty in the United States of America for the CERD

By The Advocates for Human Rights / Puerto Rican Coalition against the Death Penalty / Greater Caribbean For Life, on 1 January 2014


2014

NGO report


More details See the document

This report for consideration during the85th Session of the United Nations Committee on the Elimination of Racial Discrimination addresses five main issues with regard to the United States’ use of the death penalty and how the death penalty disproportionately affects minorities in the United States.

  • Document type NGO report
  • Themes list Discrimination,

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


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)

The Death Penalty in Japan: The Law of Silence – Going Against the International Trend

By Florence Bellivier / International Federation for Human Rights (FIDH) / Dan Van Raemdonck / Jiazhen Wu, on 8 September 2020


2020

NGO report

Japan

fr
More details See the document

This report is the outcome of a fact-finding mission conducted by FIDH in July 2008, in order to assess the measures taken by the Japanese government to implement the recommendations made by a previous investigation, conducted in 2003.The conclusions of the report are appalling. According to Florence Bellivier, General Secretary of FIDH “Japan continues to condemn criminals to death, and incarcerate them up for decades, in prisons where secrecy and isolation are commonplace, in total disregard of the world opinion”. In addition, the rhythm of the executions has accelerated over the recent years. “2008 has been a record year, with more executions this year than in any other of the last fifteen years. We are witnessing a real step backwards” added Dan Van Raemdonck, Vice-President of FIDH. Thirteen persons have been executed since the beginning of the year, and 102 are currently on death row. There has not been a single retrial of a death penalty case since 1986, and no convicted prisoner has been pardoned since 1975.

Document(s)

The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945-51

By Victor Bailey / Law and History Review, on 1 January 2000


2000

Article

United Kingdom


More details See the document

Exactly what went wrong and why is the theme of this article. How and why did the Labour government, despite its massive majority in Parliament and a long-standing commitment to abolition, fail to get rid of the death penalty? Why was this “window of opportunity” to abolish capital punishment shut for another decade and a half? The answers to these questions will be sought primarily in the realm of government and Parliament.

  • Document type Article
  • Countries list United Kingdom
  • Themes list Public opinion, Public debate,

Document(s)

Arguing for the Death Penalty: Making the Retentionist Case in Britain, 1945-1979

By Thomas Wright / University of York, on 1 January 2010


2010

Multimedia content

United Kingdom


More details See the document

There is a small body of historiography that analyses the abolition of capital punishment in Britain. There has been no detailed study of those who opposed abolition and no history of the entire post-war abolition process from the Criminal Justice Act 1948 to permanent abolition in 1969. This thesis aims to fill this gap by establishing the role and impact of the retentionists during the abolition process between the years 1945 and 1979. This thesis is structured around the main relevant Acts, Bills, amendments and reports and looks briefly into the retentionist campaign after abolition became permanent in December 1969. The only historians to have written in any detail on abolition are Victor Bailey and Mark Jarvis, who have published on the years 1945 to 1951 and 1957 to 1964 respectively. The subject was discussed in some detail in the early 1960s by the American political scientists James Christoph and Elizabeth Tuttle. Through its discussion of capital punishment this thesis develops the themes of civilisation and the permissive society, which were important to the abolition discourse. Abolition was a process that was controlled by the House of Commons. The general public had a negligible impact on the decisions made by MPs during the debates on the subject. For this reason this thesis priorities Parliamentary politics over popular action. This marks a break from the methodology of the new political histories that study ‘low’ and ‘high’ politics in the same depth.

  • Document type Multimedia content
  • Countries list United Kingdom
  • Themes list Death Penalty, Country/Regional profiles,

Document(s)

Note verbale dated 11 January 2008 from the Permanent Missions to the United Nations of Afghanistan, Antigua and Barbuda, […] and Zimbabwe addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia

Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention to existing stipulations under international law, for the following reasons:

Document(s)

Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

By Council of Europe, on 1 January 1983


1983

Regional body report

enenrufr
More details See the document

Document(s)

Death Penalty in Pakistan

By Justice Project Pakistan, on 10 October 2022


2022

NGO report

Pakistan


More details See the document

The implementation of capital punishment has seen substantial shifts over the course of the past decade. During the period from the end of a moratorium on executions in December 2014 to August 2019, an estimated 1,800 death sentences were imposed across the entire court system and 520 people were executed. Various amendments to Pakistan’s criminal law over the past several decades have resulted in a list of 33 offenses, most of which are far removed from the definition of the “most serious crimes” under international law. A full list of offences is attached at the end of the report.

  • Document type NGO report
  • Countries list Pakistan

Document(s)

Status of signature and ratification of the 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

NGO report

frfr
More details See the document

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

Document(s)

The Kentucky Death Penalty Assessment Report: Evaluating fairness and accuracy in state death panlty systems. An Analysis of Kentucky’s Death Penalty Laws, Procedures, and Practices

By American Bar Association, on 1 January 2011


2011

NGO report


More details See the document

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

  • Document type NGO report

Document(s)

THE RACIAL GEOGRAPHY OF THE FEDERAL DEATH PENALTY

By Robert J. Smith / Ben Cohen / Washington Law Review, on 1 January 2010


2010

Article

United States


More details See the document

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

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

Document(s)

The importance of raising awareness among ambassadors to the African Union on the draft African Protocol on abolition of the death penalty

By FIACAT / Xavière Prugnard, on 1 January 2019


2019

Multimedia content

fr
More details See the document

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

Document(s)

Criminology: racial discrimination in the administration of the death penalty: the experience of the united states armed forces (1984–2005)

By David C. Baldus / Catherine M. Grosso / Northwestern University School of Law / Richard Newell, on 1 January 2012


2012

Article

United States


More details See the document

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

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

Document(s)

Note verbale dated 7 September 2017 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 1 January 2017


2017

United Nations report

Antigua and Barbuda

Bangladesh

Barbados

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Ethiopia

Grenada

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Libya

Malaysia

Maldives

Moratorium

Nigeria

Oman

Pakistan

Papua New Guinea

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Sudan

Syrian Arab Republic

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

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

Document(s)

Note verbale dated 16 April 2013 from the Permanent Mission of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 8 September 2020


2020

United Nations report

Afghanistan

Antigua and Barbuda

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Grenada

Guyana

India

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Mauritania

Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Syrian Arab Republic

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

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

Document(s)

The question of the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2006


2006

International law - United Nations

aresruzh-hantfr
More details See the document

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

Document(s)

Capital Clemency Resource Initiative

By American Bar Association, on 1 January 2018


2018

Arguments against the death penalty


More details See the document

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

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

Document(s)

Should Abolitionists Support Legislative “Reform” of the Death Penalty?

By Carol S. Steiker / Jordan M. Steiker / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

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

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

Document(s)

2012 Report – Moratorium on the use of the death penalty

By United Nations, on 3 August 2012


2012

United Nations report

Moratorium

aresfrruzh-hant
More details See the document

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

Document(s)

FHRI and PRI submission to the UN Sec-Gen report on the status of the death penalty in East Africa – Kenya and Uganda April 2012

By Penal Reform International, on 8 September 2020


2020

NGO report

Kenya


More details See the document

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

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

Document(s)

Note verbale dated 13 September 2019 from the Permanent Representative of Egypt to the United Nations addressed to the Secretary-General

By United Nations, on 15 October 2020


2020

United Nations report

Bahrain

Bangladesh

Botswana

Brunei Darussalam

Chad

China

Democratic People's Republic of Korea

Egypt

Ethiopia

Grenada

Iran (Islamic Republic of)

Iraq

Jamaica

Kuwait

Libya

Moratorium

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Sudan

Syrian Arab Republic

United Arab Emirates

Yemen

Zimbabwe

aresfrruzh-hant
More details See the document

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

Document(s)

Evaluating fairness and accuracy in state death penalty systems: The Missouri Death Penalty Assessment Report

By American Bar Association, on 1 January 2012


2012

NGO report


More details See the document

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

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

Document(s)

PRIMER ON TRANSGENDER INDIVIDUALS FACING THE DEATH PENALTY

By World Coalition Against the Death Penalty; FIACAT; The Advocates for Human Rights; Cornell Center on the DP Worldwide, on 30 June 2021


2021

Campaigning

Women

fr
More details Download [ pdf - 450 Ko ]

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

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

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

Document(s)

America Without the Death Penalty: States Leading the Way

By John F. Galliher / Larry W. Koch / Northeastern / Teresa J. Guess, on 1 January 2002


2002

Book

United States


More details See the document

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

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

Document(s)

Fair Trial Standards in the Maldives (World Day Against the Death Penalty 2020)

By World Coalition Against the Death Penalty, Maldivian Democracy Network , on 10 August 2021


2021

Campaigning

Fair Trial

Legal Representation

Maldives


More details Download [ pdf - 435 Ko ]

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

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

Document(s)

The Decline of Juvenile Death Penalty: Scientific Evidence of Evolving Norms

By Valerie West / Jeffrey Fagan / Journal of Criminal Law and Criminology, on 1 January 2004


2004

Article

United States


More details See the document

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

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

Document(s)

High-level panel discussion on the question of the death penalty

By United Nations / Office of the High Commissioner for Human Rights (OHCHR) , on 1 January 2019


2019

International law - United Nations

fresruzh-hant
More details See the document

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

Document(s)

2016 Report – Moratorium on the use of the death penalty

By United Nations, on 8 September 2020


2020

United Nations report

fresruzh-hant
More details See the document

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

Document(s)

Executing the will of the voters: a roadmap to mend or end the California Legislature’s Milti-billion-dollar death penalty debacle

By Judge Arthur L. Alarcón / Loyola of Los Angeles Law Review / Paula M. Mitchell, on 8 September 2020


Article

United States


More details See the document

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

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