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Document(s)

STRENGTHENING THE DEFENCE IN DEATH PENALTY CASES IN THE PEOPLE´S REPUBLIC OF CHINA: Empirical Research into the Role of Defence Councils in Criminal Cases Eligible for the Death Penalty

By Hans Jörg Albrecht / Max Planck Institute for Foreign and International Criminal Law, on 1 January 2006


2006

Article

China


More details See the document

This project examines the role of defence councils in Chinese criminal proceedings that can end up with the imposition of the death penalty. It aims to review the problems defence lawyers face in such proceedings, the defence strategies they apply and to examine whether the assignment of a defence lawyer makes a difference in the outcome of a criminal trial. Moreover, the project explores what can and should be done to empower defence councils to effectively represent suspects and accused in death penalty eligible cases.The objective of the study is to shed light on the problems experienced by criminal defence councils when defending capital crime cases and to generate information on how death penalty cases are processed through the Chinese system of justice as well as the determinants of the outcomes death penalty eligible criminal cases.

  • Document type Article
  • Countries list China
  • Themes list Legal Representation,

Document(s)

The politics of increasing punitiveness and the rising populism in Japanese criminal justice policy

By Setsuo Miyazawa / Punishment and Society, on 1 January 2008


2008

Article

Japan


More details See the document

The purpose of this article is (1) to establish that increasing punitiveness characterizes criminal justice policies in Japan and (2) to explain this trend in terms of the penal populism promoted by crime victims and supporting politicians. This article first examines newspaper articles to illuminate the increasingly punitive character of recent criminal justice policies in Japan in terms of both legislation and judicial decisions. The next section discusses the main contributing factors behind this trend and its public acceptance. The next two sections discuss two related issues: the public’s subjective sense of security, and the lack of a role for empirical criminologists in criminal justice policy making in Japan. The concluding section compares the Japanese and Anglo-American situations and argues that the same penal populism seen in Anglo-American countries is rapidly rising in Japan, and that public distrust of government has ironically increased the state’s investigative, prosecutorial, and sentencing powers in Japan. This article closes with the conjecture that police, prosecutors, and judges are unlikely to relinquish their increased power in the event that they gain the public’s trust and equally unlikely in the event of a change of the ruling party.

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

Document(s)

Leaflet – World Day 2024 & 2025

By World coalition against the death penalty, on 10 June 2024


2024

Campaigning

World Coalition

arfr
More details Download [ pdf - 1325 Ko ]

Every 10th October, the World Coalition Against the Death Penalty and abolitionist actors worldwide celebrate the World Day Against the Death Penalty. It is an occasion to highlight the progress achieved in the global campaign for the abolition of capital punishment. In 2024 and 2025, the World Day will serve as an opportunity to challenge […]

Document(s)

INSECURITY REVEALED: Voices Against the Death Penalty

By World Coalition Against the Death Penalty, on 6 August 2024


2024

Campaigning

World Coalition

fr
More details Download [ pdf - 1313 Ko ]

Document(s)

Leaflet – World Day 2022

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


2022

World Coalition

arfr
More details Download [ pdf - 1095 Ko ]

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

Document(s)

Convicting the Innocent: Where Criminal Prosecutions Go Wrong

By Brandon L. Garrett / Harvard University Press, on 1 January 2011


2011

Book

United States


More details See the document

Very few crimes committed in the United States involve biological evidence that can be tested using DNA. Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.

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

Document(s)

Co-Sponsorship, Note Verbale, and Association Behaviour at the Unga: An Analysis of the Death Penalty Moratorium Resolutions

By Daniel Pascoe & Sangmin Bae, on 22 April 2021


2021

Academic report

Moratorium


More details See the document

Since December 2007, seven resolutions in favour of a universal moratorium on death penalty executions have been adopted by the UN General Assembly. In an earlier paper (Pascoe and Bae 2020) we examined UN member states’ voting patterns over these seven resolutions, asking why some countries vote in a manner seemingly contradictory to their domestic death penalty practices. With a slightly different focus, we now further explore idiosyncratic state behaviour, this time through an analysis of co-sponsorship and the note verbale of dissociation. Our assumption is that states which plan to vote ‘yes’ in the plenary will also co-sponsor the resolution beforehand. We also presume that states which vote ‘no’ in the plenary will sign the note verbale invariably circulated several months later, as a further means of condemnation.

However, when it comes to the moratorium resolutions, not all member states fit into either of these binary categories. Many countries situate themselves in between the two groups of ‘genuine’ supporters and opponents. These countries in the middle evince inconsistency between their plenary votes and what we term their ‘association behaviour’ before or after the plenary, consisting of co-sponsorship and adherence to the note verbale. This paper analyses these groups of countries to determine the underlying causes for their ambivalent, or even contradictory, positions concerning the moratorium resolutions. The findings of this research stand to enrich not only the academic literature on international organizations, but also to inform the campaigning efforts of abolitionist UN member states and non-governmental organizations.

  • Document type Academic report
  • Themes list Moratorium

Document(s)

Caught in a Web Treatment of Pakistanis in the Saudi Criminal Justice System

By Human Rights Watch / Justice Project Pakistan, on 8 September 2020


2020

NGO report

Pakistan


More details See the document

Report about the treatment of Pakistanis in the Saudi criminal justice system

  • Document type NGO report
  • Countries list Pakistan
  • Themes list Discrimination, Foreign Nationals,

Document(s)

Identifying and (Re)formulating Prophylactic Rules, Safe Harbors, and Incidental Rights in Constitutional Criminal Procedure

By Susan R. Klein / Michigan Law Review, on 1 January 2001


2001

Article

United States


More details See the document

The Miranda conundrum runs something like this: If the Miranda decision represents true constitutional interpretation, and all unwarned statements taken during custodial interrogation are compelled” within the meaning of the self-incrimination clause, the impeachment and “”fruits”” exceptions to Miranda should fall. If it is not true constitutional interpretation, than the Court has no business reversing state criminal convictions for its violation. I offer here what I hope is a satisfying answer to this conundrum, on both descriptive and normative levels, that justifies not only Miranda but a host of similar Warren, Burger, and Rehnquist Court decisions as well. In Part I, I introduce and define the terms “”constitutional prophylactic rule,”” “”constitutional safe harbor rule,”” and “”constitutional incidental right,”” and attempt to legitimate their use. I further demonstrate that constitutional criminal procedure is so flush with such prophylactic and safe harbor rules and incidental rights that trying to eliminate them now, by either reversing a large number of criminal procedure cases or “”constitutionalizing”” all of those holdings, would do more harm than good. I propose that we accept the fact that these rules and rights are a fixed part of our constitutional landscape, and focus instead on minimizing their risks and maximizing their benefits”

  • Document type Article
  • Countries list United States
  • Themes list Fair Trial,

Document(s)

Portuguese : A PENA DE MORTE NA LEGISLAÇÃO CRIMINAL COMUM DO BRASIL -O CASO MOTTACOQUEIRO E SUA REPERCUSSÃO

By SÉRGIO DA COSTA FRANCO, on 8 September 2020


2020

Article

Brazil


More details See the document

Este artigo trata da pena de morte dentro da legislação criminal brasileira, analisando algumas sanções impostas no período colonial, por meio do Livro V das Ordenações Filipinas, bem como da legislação pertinente no Brasil Império, pelo Código Criminal de 1830 e suas reformas de 1832 e 1835. Por fim, discorre sobre o processo Motta Coqueiro e sua repercussão na sociedade, após decisão condenatória do réu, posteriormente provado inocente, com o intuito de acabar com este tipo de penalidade no Brasil.

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

Document(s)

The State of Criminal Justice 2012

By American Bar Association / Ronald Tabak, on 1 January 2012


2012

NGO report


More details See the document

The American Bar Association recently published The State of Criminal Justice 2012, an annual report that examines major issues, trends and significant changes in America’s criminal justice system.

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

Document(s)

The Advocacy Handbook: A Guide to Implementing Recommendations of the Criminal Justice/Mental Health Consensus Project

By Council of State Governments Justice Center, on 1 January 2006


2006

Campaigning


More details See the document

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

  • Document type Campaigning
  • Themes list Networks,

Document(s)

Legislative Expansion and Judicial Confusion: Uncertain Trajectories of the Death Penalty in India

By Anup Surendranath and Maulshree Pathak, on 1 September 2022


2022

Academic report

India


More details See the document

The numbers and the politics of the death penalty in India tell very different stories, presenting complicated narratives for its future. The public reaction to instances of sexual violence and other offences over the last decade and the consequent political response has significantly strengthened the retention and expansion of the death penalty. This is reflected from the fact that that of all the death sentences that district courts impose, only about 5 percent get confirmed in India’s appellate system. However, does this mean there is growing scepticism about the death penalty in the Supreme Court of India? Unfortunately, the answer is far from simple. An assessment of the death penalty in India’s appellate courts during the last decade will demonstrate that a crime-centric approach has hindered any principled discomfort with the death penalty or the manner of its administration. In particular, the Supreme Court has faltered in high-profile death sentence cases (i.e., offences against the state and sexual violence cases), and its track record of commutations has very little to do with principled considerations on sentencing. This paper argues that the political and judicial imagination of the death penalty, as a necessary part of the response to crime, creates significant and unique challenges for the path towards abolition.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list India

Document(s)

Detailed Factsheet

By World coalition against the death penalty , on 10 October 2011


2011

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 201 Ko ]

Detailed Factsheet 2019

Document(s)

Right Here, Right Now Life Stories from America’s Death Row

By Lynden Harris, on 10 August 2021


2021

Book

Death Row Conditions 

United States


More details See the document

Upon receiving his execution date, one of the thousands of men living on death row in the United States had an epiphany: “All there ever is, is this moment. You, me, all of us, right here, right now, this minute, that’s love.”

Right Here, Right Now collects the powerful, first-person stories of dozens of men on death rows across the country. From childhood experiences living with poverty, hunger, and violence to mental illness and police misconduct to coming to terms with their executions, these men outline their struggle to maintain their connection to society and sustain the humanity that incarceration and its daily insults attempt to extinguish.

By offering their hopes, dreams, aspirations, fears, failures, and wounds, the men challenge us to reconsider whether our current justice system offers actual justice or simply perpetuates the social injustices that obscure our shared humanity.

  • Document type Book
  • Countries list United States
  • Themes list Death Row Conditions 

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)

Worked to Death: A study on migrant workers and capital punishment

By Migrant Care and Reprieve, on 24 November 2021


2021

NGO report

Fair Trial

Indonesia

Legal Representation

Malaysia

Nigeria

Pakistan

Saudi Arabia

Women


More details See the document

Foreign nationals, and within this group migrant workers, are a population that disproportionately faces the death penalty around the world. The data and statistics gathered by Reprieve and Migrant CARE for this report show that migrant workers as a sub-set of the foreign national population are at grave risk of human rights violations related to the death penalty, including arbitrary deprivation of the right to life in the context of unlawful death sentences and executions.

This report focuses on: states that receive migrant workers (‘receiving states’), in particular the states that make up the Association of South East Asian Nations or ASEAN (‘South East Asian states’) and the Gulf Cooperation Council (‘Gulf states’), and on states from which migrant workers travel to work (‘sending states’).

  • Document type NGO report
  • Countries list Indonesia / Malaysia / Nigeria / Pakistan / Saudi Arabia
  • Themes list Fair Trial / Legal Representation / Women

Document(s)

DPIC Special Report: The Innocence Epidemic

By Death Penalty Information Center, on 20 July 2022


2022

NGO report

Innocence

United States


More details See the document

A Death Penalty Information Center Analysis of 185 Death-Row Exonerations Shows Most Wrongful Convictions Are Not Merely Accidental.

  • Document type NGO report
  • Countries list United States
  • Themes list Innocence

Document(s)

Philippines – Committee on the Elimination of Discrimination Against Women – Death Penalty – June 2022

on 21 July 2022


2022

NGO report

Philippines

Women


More details Download [ pdf - 443 Ko ]

The Government of the Philippines has taken commendable steps toward protecting and promoting the rights of women overseas Filipino workers (OFWs), but those workers remain vulnerable to exploitation and abuse, and when they come into conflict with the law in their host countries, their vulnerabilities are compounded by linguistic and legal barriers, as well as judicial systems which fail to account for the gendered context in which they allegedly committed criminal acts. The Government of the Philippines should do more to ensure protection of the rights of these women OFWs, particularly when they are at risk of being sentenced to death.

  • Document type NGO report
  • Countries list Philippines
  • Themes list Women

Document(s)

Capital Punishment A Hazard to a Sustainable Criminal Justice System?

By Ashgate Publishing / Lill Scherdin, on 8 September 2020


2020

Book


More details See the document

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

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

Document(s)

Impact of the World Coalition’s Strategic Plan 2018–2022

By World Coalition Agianst the Death Penalty, on 22 August 2023


2023

World Coalition

Trend Towards Abolition

fr
More details Download [ pdf - 265 Ko ]

Document(s)

Wrongful Convictions and the Culture of Denial in Japanese Criminal Justice

By David T. Johnson / The Asia-Pacific Journal, on 1 January 2015


2015

Article

Japan


More details See the document

The release of Hakamada Iwao from death row in March 2014 after 48 years of incarceration provides an opportunity to reflect on wrongful convictions in Japanese criminal justice. My approach is comparative because this problem cannot be understood without asking how Japan compares with other countries: to know only one country is to know no country well. Comparison with the United States is especially instructive because there have been many studies of wrongful conviction there and because the U.S. and Japan are the only two developed democracies that retain capital punishment and continue to carry out executions on a regular basis. On the surface, the United States seems to have a more serious problem with wrongful convictions than Japan, but this gap is more apparent than real. To reduce the problem of wrongful convictions in Japanese criminal justice, reformers must confront a culture of denial that makes it difficult for police, prosecutors, and judges to acknowledge their own mistakes.

  • Document type Article
  • Countries list Japan
  • Themes list Fair Trial, Innocence,

Document(s)

Reforming Criminal Justice

By Arizona State University (ASU), on 1 January 2017


2017

Academic report


More details See the document

Reforming Criminal Justice is a four-volume report meant to enlighten reform efforts in the United States with the research and analysis of leading academics. Broken down into individual chapters—each authored by a top scholar in the relevant field—the report covers dozens of topics within the areas of criminalization, policing, pretrial and trial processes, punishment, incarceration, and release. The chapters seek to enhance both professional and public understanding of the subject matter, to facilitate an appreciation of the relevant scholarly literature and the need for reform, and to offer potential solutions. The ultimate goal is to increase the likelihood of success when worthwhile reforms are debated, put to a vote or otherwise considered for action, and implemented in the criminal justice system.

  • Document type Academic report
  • Themes list Due Process , Fair Trial, Legal Representation, Death Penalty,

Document(s)

Roper and Race: the Nature and Effects of Death Penalty Exclusions for Juveniles and the “Late Adolescent Class”

By Craig Haney, Frank R. Baumgartner and Karen Steele, on 20 October 2022


2022

Academic report

United States


More details See the document

In Roper v. Simmons (2005), the US Supreme Court raised the minimum age at which someone could be subjected to capital punishment, ruling that no one under the age of 18 at the time of their crime could be sentenced to death. The present article discusses the legal context and rationale by which the Court established the current age-based limit on death penalty eligibility as well as the scientific basis for a recent American Psychological Association Resolution that recommended extending that limit to include members of the “late adolescent class” (i.e., persons from 18 to 20 years old). In addition, we present new data that address the little-discussed but important racial/ethnic implications of these age-based limits to capital punishment, both for the already established Roper exclusion and the APA-proposed exclusion for the late adolescent class. In fact, a much higher percentage of persons in the late adolescent class who were sentenced to death in the post-Roper era were non-White, suggesting that their age-based exclusion would help to remedy this problematic pattern.

  • Document type Academic report
  • Countries list United States

Document(s)

Cuba – Committee Against Torture – Death Penalty – March 2022

on 21 March 2022


2022

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment

Cuba


More details Download [ pdf - 250 Ko ]

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

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

Document(s)

2021 World Day Report

on 10 June 2022


2022

World Coalition

Women

fr
More details Download [ pdf - 4154 Ko ]

On 10 October 2021, the World Coalition and abolitionists around the world celebrated the 19th World Day Against the Death Penalty (‘World Day’). Every year on World Day, the World Coalition highlights one problematic aspect of the Death Penalty. In 2021, the World Day explored the theme “Women sentenced to death, an invisible reality” to raise awareness on how the treatment of gender and gender-based inequalities create particularly precarious conditions for women sentenced to capital punishment. This report presents the activities organised for the 19th World Day and the media coverage it received.

Document(s)

Facts and Figures 2010

By World Day against the death penalty , on 10 October 2010


2010

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 81 Ko ]

Facts and Figures 2010

Document(s)

Drug-related Offences, Criminal Justice Responses and the Use of the Death Penalty in South-East Asia

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


2019

International law - United Nations


More details See the document

Most of the world’s countries or territories have either abolished the death penalty or no longer use it. More than half of those that retain the death penalty, of which many are in South-East Asia, do so for drug-related offences. Most prisoners on death row in South-East Asia have been convicted of drug-related offences, although law and practice vary considerably among countries that retain the death penalty.

  • Document type International law - United Nations
  • Themes list Death Penalty, Statistics,

Document(s)

The Dark At the Top of the Stairs: Four Destructive Influences of Capital Punishment on American Criminal Justice

By David T. Johnson / Franklin Zimring / Social Science Research Network , on 1 January 2011


2011

Academic report


More details See the document

Executionhas also (1) had a powerful negative influence on the substantive criminal law; (2) promoted the practice of using extreme penal sanctions as status rewards to crime victims and their families; (3) provided moral camouflage for a penalty of life imprisonment without possibility of parole, which is almost as brutal as state killing; and (4) diverted legal andjudicial resources from the scrutiny of other punishments and governmental practicesin an era of mass imprisonment. This chapter discusses these four latent impacts of attempts to revive and rationalize the death penalty in the United States.

  • Document type Academic report
  • Themes list Arbitrariness,

Document(s)

Muzzling critical voices: Politicized trials before Saudi Arabia’s Specialized Criminal Court

By Amnesty International, on 8 September 2020


2020

NGO report

Saudi Arabia

aresarfr
More details See the document

Despite the Saudi Arabian authorities’ rhetoric about reforms, they have unleashed an intense crackdown on citizens promoting change in the last few years. One of the instruments of that repression has been the Specialized Criminal Court (SCC), which was set up in 2008 to try individuals accused of terror-related crimes. Amnesty International has documented the cases of 95 individuals who were tried before the SCC between 2011 and 2019. It has concluded that the SCC’s judges have presided over grossly unfair trials, handing down prison sentences of up to 30 years and numerous death sentences, in an effort to silence dissent.

Document(s)

The State of Criminal Justice 2011

By American Bar Association / Ronald Tabak, on 1 January 2011


2011

NGO report


More details See the document

The State of Criminal Justice 2011 contains a chapter on death penalty by Ronald Tabak (Ch. 19). Tabak explores legislative changes, the declining use of the death penalty, important Supreme Court decisions and the adequacy of representation.

  • Document type NGO report

Document(s)

Palestine – Committee Against Torture – Death Penalty – June 2022

on 21 July 2022


2022

NGO report

World Coalition

State of Palestine


More details Download [ pdf - 1747 Ko ]

The State of Palestine on 1 April 2014 ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On 28 December 2017, the State of Palestine signed the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On 18 March 2019, the State of Palestine also ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which aims to abolish the death penalty. The State of Palestine has not yet abolished the death penalty. Indeed-as described herein-the 14 June 2007 split in power between the Palestinian Authority in Ramallah in the West Bank under President Abbas, and the Hamas movement in Gaza, has been followed by many documented executions in Gaza without the requisite signature of President Abbas, and Gazan military courts conduct trials of civilians, where they can be sentenced to death.

This report considers the prevalence of torture and other issues ancillary to the death penalty itself: confessions under torture or degrading treatment, due process, access to legal counsel, death-row conditions, and methods of execution.

  • Document type NGO report / World Coalition
  • Countries list State of Palestine

Document(s)

How Families of Murder Victims Feel Following the Execution of Their Loved One’s Murderer: A Content Analysis of Newspaper Reports of Executions from 2006-2011

By Journal of Qualitative Criminal Justice and Criminology, on 1 January 2013


2013

Working with...


More details See the document

By Corey Burton and Richard Tewksbury

  • Document type Working with...
  • Themes list Public debate, Murder Victims' Families, Death Penalty, Country/Regional profiles,

Document(s)

Detailed Factsheet 2010

By World Coalition against the death penalty , on 10 October 2010


2010

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 479 Ko ]

Detailed Factsheet 2010

Document(s)

Executing the Insane Is Against the Law of the Land. So Why Do We Keep Doing It?

By Stephanie Mencimer / Mother Jones, on 1 January 2015


2015

Article

United States


More details See the document

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

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

Document(s)

The war on drugs, forensic science and the death penalty in the Philippines

By Maria Corazon A.De Ungria and Jose M.Jose, on 10 August 2021


2021

Academic report

Drug Offenses

Philippines


More details See the document

The effectiveness of the death penalty to deter heinous crimes remains a contentious issue even though it has been abolished in many countries. Three years into President Rodrigo Duterte’s administration, the push to re-impose the death penalty is being taken seriously.

There is urgency in providing options to the drug problem other than killing drug suspects in the streets or sentencing them to death. The drug problem is a complex issue and exposes the human vulnerability of its users for criminal exploitation.

We propose here that addressing these vulnerabilities in a balanced and comprehensive manner through health-focused, rights-based criminal justice responses, conducting forensic science-based drug investigations and determining the social causes of drug abuse is an alternative solution that demands cooperation across different sectors of society as well as underscores the fundamental value of human life.

  • Document type Academic report
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

Death Penalty in Liberia. When will it be abolished?

By FIACAT, on 1 January 2019


2019

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty

Document(s)

Poster World Day 2005

By World Coalition against the death penalty , on 10 October 2005


2005

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 46 Ko ]

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

Document(s)

Facts and Figures 2009

By World Coalition against the death penalty , on 10 October 2009


2009

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 95 Ko ]

Facts and Figures 2009

Document(s)

Living with a Death Sentence in Kenya: Prisoners’ Experiences of Crime, Punishment and Death Row

By Carolyn Hoyle and Lucrezia Rizzelli, on 24 January 2023


2023

Book

Kenya


More details See the document

The Death Penalty Project’s latest report provides a comprehensive analysis of the lives of prisoners on death row in Kenya. It focuses on prisoners’ socio-economic backgrounds and profiles, their pathways to, and motivation for, offending, as well as their experiences of the criminal justice process and of imprisonment. It complements our previous research, a two-part study of attitudes towards the death penalty in Kenya, The Death Penalty in Kenya: A Punishment that has Died Out in Practice.
While 120 countries around the world have now abolished the death penalty, including 25 in Africa, Kenya is one of 22 African nations that continues to retain the death penalty in law, albeit it has not carried out any executions for more than three decades. As such, Kenya is classified as ‘abolitionist de facto’, the United Nations term for a country that has not carried out an execution for at least 10 years. Yet, while state-sanctioned executions no longer occur, hundreds of people are currently living under sentence of death and others are convicted and sentenced to death each year. As long as the death penalty is retained in law, there remains a risk that executions might resume if there is political change. Moreover, the plight and turmoil of those languishing on death row – consistently the poorest and most vulnerable – cannot be ignored. They are disproportionately sentenced to death and suffer the harshest punishments and treatment.

  • Document type Book
  • Countries list Kenya

Document(s)

Facts and Figures 2011

By World Coalition against the death penalty , on 10 October 2011


2011

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 100 Ko ]

Facts and Figures 2011

Document(s)

Politics of International Advocacy Against the Death Penalty: Governments as Anti–Death Penalty Crusaders

By Mai Sato, on 1 September 2022


2022

Academic report


More details See the document

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

  • Document type Academic report

Document(s)

End of its Robe: How Killing the Death Penalty can Revive Criminal Justice

By Brandon L. Garrett , on 1 January 2017


2017

Book

United States


More details See the document

Brandon Garrett hand-collected and analyzed national data, looking for causes and implications of this turnaround. End of Its Rope explains what he found, and why the story of who killed the death penalty, and how, can be the catalyst for criminal justice reform.

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

Document(s)

Will Wrongful Convictions Be a Catalyst for Change in Japanese Criminal Justice?

By David T. Johnson / The Asia-Pacific Journal / Matthew Carney, on 1 January 2015


2015

Article

Japan


More details See the document

This article is a written explanation of the 12-minute Australian Broadcasting Corporation video of the same name.

  • Document type Article
  • Countries list Japan
  • Themes list Fair Trial, Trend Towards Abolition, Innocence,

Document(s)

Framing Death Penalty Politics in Malaysia

By Thaatchaayini Kananatu, on 1 September 2022


2022

Academic report

Malaysia


More details See the document

The death penalty in Malaysia is a British colonial legacy that has undergone significant scrutiny in recent times. While the Malaysian Federal Constitution 1957 provides that ‘no person shall be deprived of his life or personal liberty save in accordance with law’, there are several criminal offences (including drug-related crimes) that impose the mandatory and discretionary death penalty. Using Benford and Snow’s framing processes, this paper reviews death penalty politics in Malaysia by analysing the rhetoric of abolitionists and retentionists. The abolitionists, comprising activist lawyers and non-government organisations, tend to use ‘human rights’ and ‘injustice’ frames, which humanise the ‘criminal’ and gain international support. The retentionists, such as victims’ families, use a ‘victims’ justice’ frame emphasising the ‘inhuman’ nature of violent crimes. In addition, the retentionist state shifts between ‘national security’ and ‘national development’ frames. This paper finds that death penalty politics in Malaysia is predominantly a politics of framing.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list Malaysia

Document(s)

Children, Youth and the Death Penalty

By International Commission against the Death Penalty, on 23 June 2023


2023

NGO report

Juveniles


More details See the document

ICDP announces the launch of its latest report: Children, Youth and the Death Penalty. The issue of how the death penalty affects children and youth is often ignored by policy makers. This report aims to change that by putting the protection of children’s rights at the center of the debate on the death penalty.

The report builds on the panel discussion titled “Youth and the Death Penalty,” which was organized by the International Commission against the Death Penalty (ICDP) and the Government of Australia. The discussion was held on 29 June 2022, at the sidelines of the 50th session of the UN Human Rights Council, in Geneva.

  • Document type NGO report
  • Themes list Juveniles

Document(s)

Reducing Facial Stereotype Bias in Consequential Social Judgments: Intervention Success With White Male Faces

By Youngki Hong, Kao-Wei Chua, & Jonathan B. Freeman, Columbia University, on 25 January 2024


2024

Article

United States


More details See the document

Published on December 18, 2023.

Initial impressions of others based on facial appearances are often inaccurate yet can lead to dire outcomes. Across four studies, adult participants underwent a counterstereotype training to reduce their reliance on facial appearance in consequential social judgments of White male faces. In Studies 1 and 2, trustworthiness and sentencing judgments among control participants predicted whether real-world inmates were sentenced to death versus life in prison, but these relationships were diminished among trained participants. In Study 3, a sequential priming paradigm demonstrated that the training was able to abolish the relationship between even automatically and implicitly perceived trustworthiness and the inmates’ life-or-death sentences. Study 4 extended these results to realistic decision-making, showing that training reduced the impact of facial trustworthiness on sentencing decisions even in the presence of decision-relevant information. Overall, our findings suggest that a counterstereotype intervention can mitigate the potentially harmful effects of relying on facial appearance in consequential social judgments.

  • Document type Article
  • Countries list United States

Document(s)

Carrying out executions took a secret toll on workers — then changed their politics

By Chiara Eisner, on 16 November 2022


2022

Article

United States


More details See the document

Most of the workers NPR interviewed reported suffering serious mental and physical repercussions. But only one person said they received any psychological support from the government to help them cope. The experience was enough to shift many of their perspectives on capital punishment. No one who NPR spoke with whose work required them to witness executions in Virginia, Nevada, Florida, California, Ohio, South Carolina, Arizona, Nebraska, Texas, Alabama, Oregon, South Dakota or Indiana expressed support for the death penalty afterward, NPR found.

  • Document type Article
  • Countries list United States

Document(s)

Facts and Figures 2013

on 10 October 2013


2013

Campaigning

Trend Towards Abolition

ares
More details Download [ pdf - 115 Ko ]

Facts and Figures world day against the death penalty 2013

Document(s)

Facts and Figures 2007

By World Coaliton against the death penalty , on 10 October 2009


2009

Campaigning

Trend Towards Abolition

fr
More details Download [ pdf - 24 Ko ]

Facts and Figures 2007

Document(s)

Leaflet Lobbying

By World Coalition against the death penalty , on 10 October 2007


2007

Campaigning

Trend Towards Abolition

fr
More details See the document

Leaflet Lobbying

Document(s)

Extrajudicial, summary or arbitrary executions

By United Nations General Assembly, on 5 August 2022


2022

United Nations report


More details See the document

To mark the fortieth anniversary of the establishment of the mandate on extrajudicial, summary or arbitrary executions, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, offers a reflection from a historical perspective on the establishment of the mandate and the subsequent evolution of its working methods. He retraces the development of international standards and guidelines elaborated with the substantial contribution and support of the various mandate holders. The report also contains an analysis of the question of the death penalty from the perspective of whether it is compatible with the absolute prohibition of torture or other cruel, inhuman or degrading treatment or punishment and recommendations aimed at ensuring the protection of the right to life, as guaranteed under international human rights instruments.

  • Document type United Nations report

Document(s)

FACTS AND FIGURES LGBTQIA+ People and the Death Penalty – 21st World Day Against the Death Penalty

By World coalition against the death penalty, on 15 August 2023


2023

World Coalition

Gender

fr
More details Download [ pdf - 502 Ko ]

Document(s)

Initiatives World Day 2004

By World Coalition against the death penalty , on 10 October 2004


2004

Campaigning

Trend Towards Abolition

fr
More details See the document

Initiatives World Day 2004

Document(s)

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

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


2021

United Nations report

Public Opinion 


More details See the document

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

  • Document type United Nations report
  • Themes list Public Opinion 

Document(s)

Anti–Death Penalty Advocacy: A Lawyer’s View from Australia

By Julian McMahon SC, on 1 September 2022


2022

Article

Australia


More details See the document

This article reviews the executions of Australians in the region and the Australian responses over the past two decades. Informed by the author’s legal defence role in death penalty cases in Singapore and Indonesia and other countries, the article explores developments in anti–death penalty advocacy since 2015: the parliamentary enquiry, the ‘whole of government’ strategy led by the Department of Foreign Affairs and Trade and the efforts made by Australia and Australians in Asia.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Article
  • Countries list Australia

Document(s)

Ripoti Ya Kimataifa Ya Amnesty International Hukumu Za Kifo Na Watu Walionyongwa 2022

By Amnesty International, on 16 May 2023


2023

NGO report


More details See the document

Utafiti wa Amnesty International kuhusu matumizi ya adhabu ya kifo mwaka wa 2022 ulionyesha kwambakulikuwa na ongezeko kubwa la idadi ya watu wanaojulikana kuwa walinyongwa duniani, likiwemo ongezekokubwa la watu walionyongwa kutokana na makosa yanayohusiana na dawa za kulevya

  • Document type NGO report

Document(s)

Testimonies tool – World Day 2022

By the World Coalition Against the Death Penalty, on 28 June 2022


2022

World Coalition

fr
More details Download [ pdf - 764 Ko ]

The World Coalition and its members have collected testimonies of victims of torture in the death penalty. Confessions, death row phenomenon, moments before the execution, psychological torture of those not sentenced to death, methods of execution. Read the stories of these victims.
We thank all those who agreed to share their testimonies and their stories.

Document(s)

Bloodshed and Lies: Mohammed bin Salman’s Kingdom of Executions

By Reprieve UK and European Saudi Organization for Human Rights, on 31 January 2023


2023

NGO report

Saudi Arabia

ar
More details See the document

Saudi Arabia is a flagrant abuser of the right to life. Between 2010 and 2021, Saudi Arabia executed at least 1243 people, making it one of the most rampant executioners in the world. As of December 2022, the Saudi regime had executed at least a further 147 people in 2022, including 81 people in one day in a mass execution on 12 March 2022.
Saudi Arabia’s use of the death penalty has drastically increased since 2015. This escalation has taken place on the watch of Saudi Arabia’s King Salman, who acceded the throne on 23 January 2015, and his son, Crown Prince and Prime Minister Mohammed bin Salman. The annual rate of executions has almost doubled since King Salman and Mohammed bin Salman came to power in 2015. From 2010-2014 there was an average of 70.8 executions per year. From 2015-2022 there was an average of 129.5 executions per year – a rise of 82%. The six bloodiest years of executions in Saudi Arabia’s recent history have all occurred under the leadership of Mohammed bin Salman and King Salman (2015, 2016, 2017, 2018, 2019 and 2022).

Document(s)

European Court for Human Rights cases involving the death penalty

By European Court for Human Rights Press Unit, on 24 June 2022


2022

International law - Regional body

Regional body report

Cruel, Inhuman and Degrading Treatment and Punishment

Death Row Conditions 

Fair Trial


More details See the document

“[T]he [European Court of Human Rights] in Öcalan did not exclude that Article 2 [of the European Convention on Human Rights, protecting the right to life,] had already been amended so as to remove the exception permitting the death penalty. Moreover, … the position has evolved since then. All but two of the Member States have now signed Protocol No. 13 [to the Convention, concerning the abolishment of the death penalty in all circumstances,] and all but three of the States which have signed have ratified it. These figures, together with consistent State practice in observing the moratorium on capital punishment, are strongly indicative that Article 2 has been amended so as to prohibit the death penalty in all circumstances. Against this background, the Court does not consider that the wording of the second sentence of Article 2 § 1 continues to act as a bar to its interpreting the words ‘inhuman or degrading treatment or punishment’ in Article 3 [of the Convention, prohibiting torture and inhuman or degrading treatment,] as including the death penalty …” (Al-Saadoon and Mufdhi v. the United Kingdom judgment of 2 March 2010, § 120).

  • Document type International law - Regional body / Regional body report
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions  / Fair Trial

Document(s)

The politics of capital punishment for foreign nationals in Iran

By Death Penalty Research Unit (DPRU), University of Oxford, on 5 February 2024


2024

Academic Article

Iran (Islamic Republic of)


More details See the document

Published in December 2023.

This paper seeks to map the political economy of capital punishment in Iran, in particular in relation to dual and foreign nationals, and examines its external and internal functions. The external functions include suppressing the ‘cultural threat’ of cross-border drug trafficking, achieving more power in sanctions negotiations, seeking reciprocal prisoner swaps or demanding recompense for outstanding multinational debt. The internal functions include quashing protests against the regime, supressing separatist movements, or even just ‘otherness’. It is evident that those facing disadvantage across foreign national and intersectional lines face the death penalty disproportionately. In addition, although only representing a fraction of the overall population of death row, the arbitrary detention of dual nationals has a disproportionate political function.

  • Document type Academic Article
  • Countries list Iran (Islamic Republic of)

Document(s)

Death in the time of Covid-19: Efforts to restore the death penalty in the Philippines

By Jose M.Jose and Maria Corazon A.De Ungria, on 10 August 2021


2021

Academic report

Drug Offenses

Philippines


More details See the document

The Philippine Congress recently passed a bill amending the Dangerous Drugs Act of 2002 and reimposing the penalty of life imprisonment to death for specific-drug related offenses. House Bill No. 7814 also allows the presumption of guilt in certain drug-related crimes unless otherwise proven, thereby overturning the long-standing constitutional presumption of innocence.

The bill has been sent to the Senate for its concurrence and could only be several steps away before being signed into law by President Rodrigo R. Duterte. This paper discusses the ramifications of the new bill and the questioned timeliness of its passage when the country continues to have a large and overcrowded prison population and a significant number of deaths due to SARS-CoV-2 in Southeast Asia.

The government’s lapses in following the 2021 national vaccination plan became apparent in the 31 March 2021 assessment made by the congressional health panel on the government’s response to the pandemic.

From the authors’ perspective, the urgency of using the country’s limited resources to help medical frontliners and local government units prevent further infections and save lives should have outweighed the efforts exerted to pass a law that legalized the death penalty for the third time in the Philippines.

  • Document type Academic report
  • Countries list Philippines
  • Themes list Drug Offenses

Document(s)

State-Sanctioned Killing of Sexual Minorities: Looking Beyond the Death Penalty

By Mai Sato, Christopher Alexander - Eleos Justice and Capital Punishment Justice Project, Monash University, on 10 August 2021


Academic report

Australia

Cruel, Inhuman and Degrading Treatment and Punishment


More details See the document

This report examines the extent to which states sanction the killing of sexual minorities. It looks beyond those countries that impose the death penalty for same-sex intimacy to the far greater number of countries in which state actors commission, condone, endorse and enable such killings.
He argues that the state-sanctioned killing of sexual minorities is often perpetrated well beyond the boundaries of the law, and even in countries that do not criminalise such conduct.

  • Document type Academic report
  • Countries list Australia
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment

Document(s)

(Not) Talking about Capital Punishment in the Xi Jinping Era

By Tobias Smith, Matthew Robertson and Susan Trevaskes, on 1 September 2022


2022

Academic report

China


More details See the document

An investigation into the death penalty in the People’s Republic of China in the Xi Jinping era (2012–) shows that unlike previous administrations, Xi does not appear to have articulated a signature death penalty policy. Where policy in China is unclear, assessing both the quality and frequency of discourse on the topic can provide evidence regarding an administration’s priorities.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119

  • Document type Academic report
  • Countries list China

Document(s)

Leaflet Women and the Death Penalty

By World coalition against the death penalty, on 2 October 2023


2023

World Coalition

Gender

fr
More details Download [ pdf - 1448 Ko ]

Document(s)

The Modern Federal Death Penalty: A Cruel and Unusual Penalty

By Hannah Freedman, on 1 September 2022


2022

Academic report

Cruel, Inhuman and Degrading Treatment and Punishment

United States


More details See the document

The federal death penalty today would be unrecognizable to the founders, who saw the ultimate penalty as a means of protecting sovereign interests and who therefore carefully guarded the practice at English common law of yielding national interests to local ones. Over the course of time, the geographic distribution and substantive basis for the penalty changed, but until the modern era, its underlying purpose did not. As the Trump era executions made painfully clear, however, the federal death penalty today is different. It is disproportionately imposed for crimes that could have readily been prosecuted by other jurisdictions and that have little obvious connection to federal sovereignty, and it is disproportionately imposed against non-white people. By any rational measure, it is vanishingly rare, and it serves no valid penological goal. Simply put, federal death sentences today are, in most cases, “cruel and unusual in the same way that being struck by lightning is cruel and unusual.”

  • Document type Academic report
  • Countries list United States
  • Themes list Cruel, Inhuman and Degrading Treatment and Punishment

Document(s)

Swahili – Ripoti ya kimataifa ya amnesty international: hukumu za kifo na watu walioadhibiwa kifo 2023

on 29 May 2024


2024

NGO report

Trend Towards Abolition


More details Download [ pdf - 1806 Ko ]

Ufuatiliaji wa Amnesty International wa matumizi ya adhabu ya kifo duniani ulibaini watu
1,153 wanaofahamika kuwa walinyongwa mwaka 2023, ambalo ni ongezeko la asilimia
31 kutoka 883 mwaka 2022. Hata hivyo nchi zinazowanyonga watu zilipungua kwa
kiwango kikubwa kutoka 20 mwaka 2022 hadi 16 mwaka 2023

  • Document type NGO report
  • Themes list Trend Towards Abolition

Document(s)

Capital Punishment, 2019 – Statistical Tables

By U.S. Department of Justice Tracy L. Snell, on 10 August 2021


2021

Government body report

Death Row Conditions 

Drug Offenses

United States


More details See the document

This report presents statistics on persons who were under sentence of death or were executed in 2019

  • Document type Government body report
  • Countries list United States
  • Themes list Death Row Conditions  / Drug Offenses

Document(s)

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

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


2021

Working with...

Juveniles


More details See the document

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

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

Document(s)

21st World Day – Facts and Figures 2023

By the World Coalition Against the Death Penalty, on 12 June 2023


2023

Campaigning

World Coalition

fr
More details Download [ pdf - 239 Ko ]

Find the main facts and figures regarding the death penalty worldwide in 2022 and early 2023.

Document(s)

Facts and Figures 2022

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


2022

World Coalition

fr
More details Download [ pdf - 241 Ko ]

Find the main facts and figures regarding the death penalty worldwide in 2021 and early 2022.

Document(s)

Facts and Figures 2008

By World Coalition against the death penalty , on 10 October 2008


2008

Campaigning

Trend Towards Abolition

fr
More details See the document

Facts and Figures 2008

Document(s)

International Law and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report


More details See the document

The use of capital punishment has been an issue addressed by international human rights law since the earliest days of the United Nations. The Universal Declaration of Human Rights, adopted by the General Assembly in 1948, and an instrument widely recognised as the gold standard for human rights, affirms the right to life and the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The Death Penalty Project produced this resource on international law and the death penalty.

  • Document type NGO report

Document(s)

From seventy-eight to zero: Why executions declined after Taiwan’s democratization

By Fort Fu-Te Liao / Punishment and Society, on 8 September 2020


2020

Article

Taiwan


More details See the document

This article examines, from a legal perspective, why executions in Taiwan declined from 78 in 1990 to zero in 2006. The inquiry focuses on three considerations: the number of laws that authorized employment of the death penalty; the code of criminal procedure; and the manner in which executions were carried out, including the manner in which amnesty was granted. The article argues that the ratification of international covenants and constitutional interpretations did not play a significant role in the decline, and that several factors that did play a role included the annulment or amendment of laws, changes in criminal procedure, establishment of and further amendments to guidelines for execution and two laws for reducing sentences. This article maintains that the absence of executions in 2006 is a unique situation that will not last because some inmates remain on death row, meaning that executions in Taiwan will continue unless the death penalty is abolished. However, the article concludes that the guarantee of the utmost human right, the right to life, can be sustained in Taiwan through the demands of democratic majority rule.

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

Document(s)

The Problem of False Confessions in the Post – DNA World

By Steven A. Drizen / Richard A. Leo / North Carolina Law Review 82(3), 894-1009, on 1 January 2004


2004

Article

United States


More details See the document

In recent years, numerous individuals who confessed to and were convicted of serious felony crimes have been released from prison— some after many years of incarceration—and declared factually innocent, often as a result of DNA tests that were not possible at the time of arrest, prosecution, and conviction. DNA testing has also exonerated numerous individuals who confessed to serious crimes before their cases went to trial. Numerous others have been released from prison and declared factually innocent in cases that did not involve DNA tests, but instead may have occurred because authorities discovered that the crime never occurred or that it was physically impossible for the (wrongly) convicted defendant to have committed the crime, or because the true perpetrator of the crime was identified, apprehended, and convicted. In this Article, we analyze 125 recent cases of proven interrogation-induced false confessions (i.e., cases in which indisputably innocent individuals confessed to crimes they did not commit) and how these cases were treated by officials in the criminal justice system.This Article has three goals. First, we provide and analyze basic demographic, legal, and case-specific descriptive data from these 125 cases. This is significant because this is the largest cohort of interrogation-induced false confession cases ever identified and studied in the research literature. Second, we analyze the role that (false) confession evidence played in these cases and how the defendants in these cases were treated by the criminal justice system. In particular, this Article focuses on how criminal justice officials and triers-of-fact respond to confession evidence, whether it biases their evaluations and overwhelms other evidence (particularly evidence of innocence), and how likely false confessions are to lead to the wrongful arrest, prosecution, conviction, and incarceration of the innocent. Analysis of the aforementioned questions leads to the conclusion that the problem of interrogationinduced false confession in the American criminal justice system is far more significant than previously supposed. Furthermore, the problem of interrogation-induced false confessions has profound implications for the study of miscarriages of justice as well as the proper administration of justice. Third, and finally, this Article suggests that several promising policy reforms, particularly mandatory electronic recording of police interrogations, will minimize the number of false confessions and thereby inject a much needed dose of justice into the American criminal justice system.

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

Document(s)

Deeply Rooted: How Racial History Informs Oklahoma’s Death Penalty

By Death Penalty Information Center, on 14 October 2022


2022

Article

United States


More details See the document

These individual cases illustrate issues found in systemic reviews of the state’s death penalty system. In 2017, a bipartisan commission that included former prosecutors, defense lawyers, judges, citizens, crime victim advocates, and law professors found that the state’s capital punishment system created “unacceptable risks of inconsistent, discriminatory, and inhumane application of the death penalty.” In an extensively researched report, the commission recommended a moratorium on executions until reforms were made. Five years later, Oklahoma has enacted “virtually none” of the suggested reforms.

  • Document type Article
  • Countries list United States

Document(s)

Experimenting with Death: An Examination of Colorado’s Use of the Three-Judge Panel in Capital Sentencing

By Lutz, Robin / University of Colorado Law Review, on 1 January 2002


2002

Article

United States


More details See the document

Mr. Page committed an atrocious crime. He did not know his victim, Peyton Tuthill, a young woman who had recently graduated from college and moved to Denver. But he was in her house, looking for money and items to sell, when she returned from a job interview. Instead of leaving her home, Mr. Page stayed to beat Peyton Tuthill, tie her up, stab her, slit her throat, rape her repeatedly, and eventually, kill her. Clearly, Ms. Tuthill did not deserve to die such a tortured death. Clearly, her death resulted from an egregious crime. However, the answer to the question of whether Mr. Page should be executed for committing this murder is not as clear. Some would answer affirmatively, others negatively. An important question is: who should decide?

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

Document(s)

The death penalty and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment

on 21 August 2021


2021

NGO report

World Coalition

Cruel, Inhuman and Degrading Treatment and Punishment

fr
More details See the document

The signatory organizations are convinced that the death penalty is incompatible with the prohibition of torture and cruel, inhuman or degrading treatment or punishment, which is a peremptory norm of international law (jus cogens) and should thus be abolished. The death penalty is only tolerated by international law and standards to the extent that it may only be imposed for the most serious crimes and applied in a way that causes the least possible suffering. However, the signatory organizations believe that from the sentencing to the execution, the death penalty inevitably causes physical harm and psychological suffering amounting to torture or ill-treatments.

The present position paper documents the extent to which international and regional organisation have already recognised a violation of the absolution prohibitionof torture in the application and imposition of the death penalty.

Document(s)

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

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


2021

NGO report

Death Row Conditions 

Malaysia

fr
More details See the document

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

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

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

Document(s)

Execution in Saudi Arabia 2023: Ongoing Bloodshed with Unusual Sentences

By The European Saudi Organization for Human Rights (ESOHR), on 23 January 2024


2024

NGO report

Saudi Arabia


More details See the document

Published on 22 January، 2024.

The European Saudi Organization for Human Rights views 2023 as a year that demonstrated Saudi Arabia’s inconsistency in using the death penalty. Besides the unexplained shift in the types of executed sentences, the implementation of death sentences for drug-related charges, and the disregard for international legal opinions, the high numbers indicate Saudi Arabia’s determination to use the death penalty without restraint.

In Saudi Arabia in 2023, 172 executions were carried out according to data from the Ministry of Interior published by the official news agency. The number of executions increased by 15% compared to the figure announced by the Ministry of Interior in 2022, where 147 sentences were reported, despite the mass execution of 81 individuals in 2022.

  • Document type NGO report
  • Countries list Saudi Arabia

Document(s)

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

By Michael Mello / Criminal Justice, on 1 January 2007


2007

Article

United States


More details See the document

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

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

Document(s)

Little Furmans Everywhere: State Court Intervention and the Decline of the American Death Penalty

By Carol S. Steiker & Jordan M. Steiker, on 1 September 2022


2022

Academic report

Trend Towards Abolition

United States


More details See the document

This article retraces the evolution and recent decline of death peanlty in the United States, notablt through state court interventions. These dynamics between judicial and political action illuminate the importance of state court intervention in the story of the American death penalty’s precipitous decline, which has tended to foreground other institutional actors and to neglect the complex interactions among branches of government. State judicial rulings, though often highly technical and, therefore, less visible and accessible to the public, have been a pervasive and powerful force in the two-decade-long diminution of the practice of capital punishment across the United States.

  • Document type Academic report
  • Countries list United States
  • Themes list Trend Towards Abolition

Document(s)

World Coalition Strategic Plan 2023-2027

By World Coalition Against the Death Penalty, on 22 August 2023


2023

World Coalition

Trend Towards Abolition

fr
More details Download [ pdf - 455 Ko ]

Document(s)

Stress and the Capital Jury: How Male and Female Jurors React to Serving on a Murder Trial

By Michael E. Antonio / National Center for State Courts , on 1 January 2008


2008

Academic report


More details See the document

Previous research findings gathered by the Capital Jury Project showed that many jurors whoserved on capital murder trials experienced significant stress and suffered extreme emotionalsetbacks. The present analysis extends these findings by focusing on gender-specific variationsin responses given by male and female jurors as revealed through extensive in-depth inter-views. Findings from structured questions and juror narrative accounts about psychologicaland physical suffering revealed that more females than males reported generalized fear, feltan overwhelming sense of loneliness or isolation, and experienced a significant loss of appetiteduring the trial. While male and female jurors both mentioned becoming emotionally upsetabout the crime-scene evidence and trial testimony, experienced sleeping problems, and start-ed using prescription drugs or illicit substances, these issues were discussed more often byfemales.

  • Document type Academic report
  • Themes list Women, Fair Trial, Arbitrariness,

Document(s)

Issues and recommendations to raise with the government of Malawi

By Reprieve, Sant'egidio, WCADP, on 27 May 2021


2021

NGO report

Malawi


More details Download [ pdf - 265 Ko ]

Overview

This document has been prepared by the Community of Sant’Egidio, Reprieve and the World Coalition Against the Death Penalty to assist the Commissioners ahead of the 2nd/3rd periodic report of the Government of Malawi that covers the reporting period of 2015-2019.

  • Document type NGO report
  • Countries list Malawi

Document(s)

22nd World Day Against the Death Penalty – FACTS AND FIGURES

By World coalition against the death penalty, on 8 July 2024


2024

Campaigning

World Coalition

fr
More details Download [ pdf - 206 Ko ]

Document(s)

Public Opinion and the Death Penalty Guide

By The Death Penalty Project, on 1 November 2022


2022

NGO report

Public Opinion 


More details See the document

When faced with calls to join the majority of states worldwide that have now abolished capital punishment, a key justification, typically relied upon by retentionist states, is that their citizens are not yet ready for abolition, and that political leaders must represent ‘the will of the people.’ The Death Penalty Project produced this resource on public opinion and the death penalty.

  • Document type NGO report
  • Themes list Public Opinion 

Document(s)

Mercy By the Numbers: An Empirical Analysis of Clemency and Its Structure

By Michael Heise / Virginia Law Review, on 1 January 2003


2003

Article

United States


More details See the document

Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant characteristics, political factors, and clemency’s structure on clemency decisions. The results suggest that although a defendant’s race and ethnicity did not influence clemency, gender did play a role, as women were far more likely than their male counterparts to receive clemency. Analyses of political and structural factors point in different directions. Political factors such as the timing of gubernatorial and presidential elections and a governor’s lame-duck status did not systematically influence clemency. However, how states structure clemency authority did make a difference. Clemency grants were more likely in states that vest authority in administrative boards than in states that vest authority in the governor. Regionality and time were also important as clemency grants were less likely in southern states and declined after 1984. Overall, these mixed results contribute to a critique that clemency decisions are arbitrary and inconsistent. Thus, important questions regarding fairness that plague earlier aspects of the death penalty process persist to its final stage.

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

Document(s)

Judging Innocence

By Brandon Garrett / Columbia School of Law, on 1 January 2008


2008

Article

United States


More details See the document

This empirical study examines for the first time how the criminal system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing. The data collected tell the story of this unique group of exonerees, starting with their criminal trials, moving through levels of direct appeals and habeas corpus review, and ending with their eventual exonerations. Beginning with the trials of these exonerees, this study examines the leading types of evidence supporting their wrongful convictions, which were erroneous eyewitness identifications, forensic evidence, informant testimony, and false confessions. Yet our system of criminal appeals and postconviction review poorly addressed factual deficiencies in these trials. Few exonerees brought claims regarding those facts or claims alleging their innocence. For those who did, hardly any claims were granted by courts. Far from recognizing innocence, courts often denied relief by finding errors to be harmless.

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

Document(s)

Grace and Justice on Death Row

By Brian W. Stolarz / Skyhorse Publishing, on 1 January 2016


2016

Book

United States


More details See the document

This book tells the story of Alfred Dewayne Brown, a man who spent over twelve years in prison (ten of them on Texas’ infamous Death Row) for a high-profile crime he did not commit, and his lawyer, Brian Stolarz, who dedicated his career and life to secure his freedom. The book chronicles Brown’s extraordinary journey to freedom against very long odds, overcoming unscrupulous prosecutors, corrupt police, inadequate defense counsel, and a broken criminal justice system. The book examines how a lawyer-client relationship turned into one of brotherhood.Grace And Justice On Death Row also addresses many issues facing the criminal justice system and the death penalty – race, class, adequate defense counsel, and intellectual disability, and proposes reforms.Told from Stolarz’s perspective, this raw, fast-paced look into what it took to save one man’s life will leave you questioning the criminal justice system in this country. It is a story of injustice and redemption that must be told.

  • Document type Book
  • Countries list United States
  • Themes list Innocence, Death Row Conditions, Death Penalty,

Document(s)

Advisory on the Increased Vulnerabilty of Women Migrant Workers on Death Row

By Commission on Human Rights of the Philippines, on 3 December 2021


2021

Government body report

Drug Offenses

Legal Representation

Philippines

Women

fr
More details Download [ pdf - 1457 Ko ]

The Commission on Human Rights of the Philippines issues this advisory to bring the Philippines’ attention to the heightened vulnerabilities of women Overseas Filipino Workers (OFWs).

Document(s)

Women and Death Penalty Factsheet – World Day 2023

By World coalition against the death penalty, on 15 August 2023


2023

World Coalition

Gender

fr
More details Download [ pdf - 424 Ko ]

Document(s)

Women and the Death Penalty in Iran

By Iran Human Rights, on 8 October 2021


2021

NGO report

Iran (Islamic Republic of)

Women


More details See the document

In observation of the 2021 World Day Against the Death Penalty dedicated to women, Iran Human Rights is providing a report on the women executed in Iran over the last 12 years (2010-2021). The executions in this period are by no means representative of the Islamic Republic of Iran’s complete history of executing women; the number of female political prisoners executed in the 1980s must be acknowledged due to their sheer volume and abhorrent nature. But even today, there is ample evidence of their cruel and inhuman treatment of female prisoners, which will be highlighted in this report.

  • Document type NGO report
  • Countries list Iran (Islamic Republic of)
  • Themes list Women

Document(s)

Support for the Death Penalty in Developed Democracies: A Binational Comparative Case Study

By Kevin Buckler / Willian Reed Benedict / Ben Brown / International Criminal Justice Review, on 1 January 2010


2010

Article

Mexico


More details See the document

To assess support for the death penalty in Mexico and South Korea, surveys were administered to students at institutions of higher education. The majority of respondents in Mexico (52.3%) and South Korea (60.8%) supported the death penalty. Given that the Mexican and South Korean governments have histories of using criminal justice agencies to suppress democratic reform, the high level of support for the death penalty indicates that a history of authoritarian governance may not inculcate widespread opposition to the punishment. Concomitantly, regression analyses of the data indicate that beliefs about the treatment afforded to criminal suspects do not significantly affect support for capital punishment. Contrary to research conducted in the United States, which has consistently shown support for capital punishment is lower among females than among males, regression analyses of the data show that gender has no impact on support for the death penalty; findings that call for a reexamination of the thesis that the gender gap in support for the death penalty in the United States is the result of a patriarchal social structure.

  • Document type Article
  • Countries list Mexico
  • Themes list Public opinion, Public debate,

Document(s)

Practice guide for defense counsel representing individuals facing the death penalty in Uganda

By Penal Reform International, on 1 January 2019


2019

Working with...


More details See the document

This Practice guide offers guidance to defense counsel in Uganda for the accused person facing a criminal trial of a capital offence involving a death penalty. The best practices are intended to ensure effective legal representation in order to mitigate the potential of imposition of the death penalty. The best practices detailed in the Practice guide intend to enhance the performance of criminal defense counsel in all stages of the criminal trial proceeding to mitigate the adverse effect of an erroneous conviction and sentencing of the accused person to death.The Practice guide was developed in recognition of the unique nature and effect of the death penalty compared to other criminal penalties, and therefore defense counsel in a capital case should take extraordinary efforts on behalf of the accused to review and ensure compliance with these best practices throughout the proceedings.

  • Document type Working with...
  • Themes list Legal Representation,

Document(s)

Chinese Netizens’ Opinions on Death Sentences

By Bin Liang and Jianhong Liu, The University of Michigan Press, on 4 November 2021


2021

Academic report

China

Public Opinion 


More details See the document

The People’s Republic of China no doubt leads the world in both numbers of death sentences and executions. Despite being the largest user of the death penalty, China has never conducted a national poll on citizens’ opinions toward capital punishment, while claiming “overwhelming public support” as a major justification for its retention and use. Based on a content analysis of 38,512 comments collected from 63 cases in 2015, this study examines the diversity and rationales of netizens’ opinions of and interactions with China’s criminal justice system. In addition, the book discusses China’s social, systemic, and structural problems and critically examines the rationality of netizens’ opinions based on Habermas’s communicative rationality framework. Readers will be able to contextualize Chinese netizens’ discussions and draw conclusions about commonalities and uniqueness of China’s death penalty practice.

  • Document type Academic report
  • Countries list China
  • Themes list Public Opinion 

Document(s)

Officials’ Estimates of the Incidence of ‘Actual Innocence’ Convictions

By Angie Kiger / Brad Smith / Marvin Zalman / Justice Quarterly, on 1 January 2008


2008

Article

United States


More details See the document

Evidence indicates that the conviction and imprisonment of factually innocent persons occur with some regularity. Most research focuses on causes, but the incidence of wrongful convictions is an important scientific and policy issue, especially as no official body gathers data on miscarriages of justice. Two methods are available for discovering the incidence of wrongful conviction: (1) enumerating specific cases and (2) having criminal justice experts estimate its incidence. Counts or catalogues of wrongful conviction necessarily undercount its incidence and are subject to accuracy challenges. We surveyed Michigan criminal justice officials, replicating a recent Ohio survey, to obtain an expert estimate of the incidence of wrongful conviction. All groups combined estimated that wrongful convictions occurred at a rate of less than 1/2 percent in their own jurisdiction and at a rate of 1-3 percent in the United States. Defense lawyers estimate higher rates of wrongful conviction than judges, who estimate higher rates than police officials and prosecutors. These differences may be explained by professional socialization. An overall wrongful conviction estimate of 1/2 percent extrapolates to about 5,000 wrongful felony convictions and the imprisonment of more than 2,000 innocent persons in the United States every year.

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