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Document(s)

Detailed Factsheet: Women and the Death Penalty

By World Coalition Against the Death Penalty, The Advocates for Human Rights, on 1 July 2021


2021

Campaigning

Women

fr
More details Download [ pdf - 534 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, exonerated, or pardoned.

This detailed factsheet will use the phrase “women sentenced to death” as an inclusive phrase for all of these categories. As women represent a small percentage of those on death row globally, very little has been reported about these women. Yet we can learn much by analyzing their crimes, their lives prior to the crimes, and the conditions under which they are detained on death row.

Document(s)

The Death Penalty: A Worldwide Perspective

By Roger Hood / Carolyn Hoyle / Oxford University Press, on 1 January 2014


2014

Book


More details See the document

The Death Penalty: A Worldwide Perspective by Roger Hood and Carolyn Hoyle is the Fourth Edition of a text that highlights the latest developments in the death penalty around the world. Roger Hood utilizes his experience as a consultant to the United Nations’ annual survey of capital punishment in compiling a wide range of information from non-governmental organizations and academic literature. The book explores both the advances in legal challenges to the death penalty and the reduction in executions, while noting the continued existence of human rights abuses. Problems include unfair trails, police abuse, painful forms of execution, and excessive periods of time spent in inhumane conditions on death row. The authors explore the latest issues related to capital punishment such as deterrence, arbitrariness, and what influence victims’ families should have in sentencing.

  • Document type Book
  • Themes list Death Penalty,

Document(s)

Politics and The Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?

By Norman Redlich / Fordham Urban Law Journal, on 1 January 1994


1994

Article

United States


More details See the document

This article is a transcript from a program sponsored by the American Bar Association Section of Individual Rights and Responsibilities entitled, “Politics and the Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?” In it, Norman Redlich discusses his experience litigating organizing the New York State Justice-PAC, a political action committee which promoted anti-death penalty candidates for the New York State legislature, and challenges the notion that there is overwhelming public support in the United States of America for the death penalty.

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

Document(s)

The abolition of the death penalty and its alternative sanction in Eastern Europe: Belarus, Russia and Ukraine

By Penal Reform International / Alla Pokras, on 1 January 2012


2012

NGO report

ru
More details See the document

This research paper focuses on the application of the death penalty and its alternative sanction in three countries of Eastern Europe: the Republic of Belarus, the Russian Federation and kraine. Its aim is to provide up-to-date information about the laws and practices relating to the application of the death penalty in this region, including an analysis of the alternative sanctions to the death penalty and whether they reflect international human rights standards and norms.

Document(s)

The Death Penalty in Taiwan: a Report on Taiwan’s legal obligations under the ICCPR

By David T. Johnson / The Death Penalty Project / Wen-Chen Chang, on 8 September 2020


2020

NGO report

Taiwan


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The report highlights specific aspects of Taiwan’s domestic legal order that does not meet the minimum standards under the International Covenant on Civil and Political Rights (ICCPR). Taiwan passed legislation to incorporate the ICCPR into the domestic legal order in 2009, yet the current death penalty practice is largely out of line with the contemporary understanding of the ICCPR as it relates to the death penalty.

  • Document type NGO report
  • Countries list Taiwan
  • Themes list International law, Country/Regional profiles,

Document(s)

The Death Penalty in the OSCE Area

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2014


2014

International law - Regional body


More details See the document

The 2014 Background Paper covers the period from 1 July 2013 to 30 June2014. It highlights changes in the status of the death penalty in the OSCE areathat have taken place since the publication of the 2013 Background Paper.8As inprevious years, the background paper provides information on two participatingStates – Belarus and the United States of America – that continue to impose thedeath penalty, and on four participating States – Kazakhstan, Mongolia, Russia andTajikistan – that are de facto abolitionist, but retain the death penalty in law. It alsoprovides an overview of relevant developments in some of the 51 OSCE participatingStates that have an abolitionist status.

  • Document type International law - Regional body
  • Themes list Statistics,

Document(s)

Spectacle of the Scaffold? The Politics of Death Penalty in Indonesia

By Deasy Simandjuntak, on 1 January 2015


2015

Article

Indonesia


More details See the document

Simandjuntak’s article comes back to the death sentences part of the “war against drugs” conducted by President Widjojo in Indonesia. In 2015, 14 drug convicts – mostly foreign nationals – have been executed. The article also comes back to the wide support to the death penalty in the country, on the debate on the presumed deterrent effect of the death penalty and on the political function of the capital punishment in Indonesia.

  • Document type Article
  • Countries list Indonesia
  • Themes list Public opinion, Deterrence , Drug Offences, Foreign Nationals, Country/Regional profiles,

Document(s)

Punishment at all Costs: On Religion, Convicting the Innocent, and Supporting the Death Penalty

By Robert L. Young / William & Mary Bill of rights journal 9(1), 237-46., on 1 January 2000


2000

Article

United States


More details See the document

This Paper explores the impact of the belief structure among white fundamentalist denominations on the support for the death penalty. Professor Robert L. Young observes that the tenets of fundamentalism, as well as the great extent thatfundamentalists conform to the positions oftheir clergy, support this link between fundamentalism anda punitive orientation toward wrongdoers. Professor Young explains that members in white fundamentalist churches, to a greater extent than others, are inclined toward a negative view of human nature, which in turn leads to the belief that letting the guilty go free is a more serious mistake than convicting the innocent. This relative tolerance for convicting the innocent has a direct impact on support for the death penalty.

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

Document(s)

Closing the Slaughterhouse

By Dale M Brumfield, on 8 December 2022


2022

Book

United States


More details See the document

On July 1, 2021, Virginia ended a 413-year tradition by abolishing the death penalty.
Many of those convicted from 1608 to 2017 deserved harsh punishment – but Virginia took harsh to a whole new level with its “finality over fairness” philosophy. Four hundred years of her racist, mob-driven capital punishment system ensnared many innocent and undeserving victims under the toxic guises of protecting white citizens or being “tough on crime.” So many of those killed by the state died with their guilt or innocence lost to history.
Virginia leads the nation with 1,390 executions. After a 1976 Supreme Court decision, Virginia institutionalized and streamlined the parade to the death chamber more efficiently than any other state, executing between 1976 and 2017 a breathtaking 73 percent of all who received death sentences. The national average is 16 percent.

  • Document type Book
  • Countries list United States

Document(s)

REPORT OF THE TASK FORCE ON REVIEW OF THE MANDATORY DEATH SENTENCE UNDER SECTION 204 OF THE PENAL CODE

By THE TASK FORCE ON REVIEW OF THE MANDATORY DEATH SENTENCE , on 1 January 2019


2019

International law - Regional body


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The report incorporates the results of the audit and recommendations for the design of a comprehensive framework for resentence hearings of capital offenders in Kenya. The framework could guide courts to conduct the resentence hearing process in a structured and evidence-based manner, taking into consideration all the key information that is necessary for mitigation, reintegration and resettlement needs of the offenders, allow the input of the victims, families and communities to be considered, and ensure consistency in resentencing judgments across the country.

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

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


International law - United Nations


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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)

Death Penalty: The Political Foundations of the Global Trend Towards Abolition

By Eric Neumayer / Human Rights Review, on 1 January 2008


2008

Article


More details See the document

The death penalty is like no other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between governments of retentionist and abolitionist countries. After the Second World War, more and more countries have abolished the death penalty. This article argues that the major determinants of this global trend towards abolition are political, a claim which receives support in a quantitative cross-national analysis from 1950 to 2002. Democracy, democratisation, international political pressure on retentionist countries and peer group effects in relatively abolitionist regions all raise the likelihood of abolition. There is also a partisan effect, as abolition becomes more likely if the chief executive’s party is left wing-oriented. Cultural, social and economic determinants receive only limited support. The global trend towards abolition will go on if democracy continues to spread around the world and abolitionist countries stand by their commitment to press for abolition all over the world.

  • Document type Article
  • Themes list Trend Towards Abolition,

Document(s)

The Death Penalty in Japan: A report on Japan’s legal obligations under the International Convenant on Civil and Political Rights and an assessment of public attitudes to capital punishment

By Saul Lehrfreund / Death Penalty Project, on 8 September 2020


2020

NGO report

Japan


More details See the document

This report was commissioned by the Death Penalty Project in order to assess Japan’s legal obligations on the use of the death penalty under the ICCPR, and to examine the related subject of public attitudes toward capital punishment in Japan.

  • Document type NGO report
  • Countries list Japan
  • Themes list International law, Public opinion,

Document(s)

2015 World Day Against the Death Penalty: Not the Solution to Drug-Related Crimes

By Amnesty International, on 1 January 2015


2015

NGO report


More details See the document

Drug-related offences are still punishable with the death penalty in more than 30 countries despite clear restrictions set out in international law to limit use of the death penalty to the “most serious crimes”. The 2015 World Day Against the Death Penalty (10 October) draws attention to the use of the death penalty for drug-related offences as a human rights violation.

  • Document type NGO report
  • Themes list Drug Offences,

Document(s)

Enduring Injustice. The Peristence of Racial Discrimination in the U.S. Death Penalty

By Death Penalty Information Center / Ngozi Ndulue, on 1 January 2020


2020

NGO report

United States


More details See the document
  • Document type NGO report
  • Countries list United States

Document(s)

Leaflet World Day 2007: Stop the Death Penalty, the World Decides

By World Coalition Against the Death Penalty, on 1 January 2007


2007

Arguments against the death penalty

fr
More details Download [ pdf - 195 Ko ]

To inform the public and invite everyone to take action, this leaflet: presents arguments against the death penalty, presents the campaign for a worldwide moratorium on death penalty, presents the World Day against the Death penalty, invites all citizens and organisations to take action and to sign the international appeal for a worldwide moratorium on executions.

Document(s)

The Waiver and Withdrawal of Death Penalty Appeals as “Extreme Communicative Acts”

By Avi Brisman / Western Criminology Review, on 1 January 2010


2010

Article

United States


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This paper explores the power struggle between the State and the condemned over the timing and conditions under which an inmate is executed. It begins with a discussion of current public opinion about the death penalty and the ways in which the death penalty has been resisted. Next, it describes capital defendants who elect execution over life imprisonment and considers some of the reasons proffered for waiver and withdrawal. This paper then contemplates whether some instances of “volunteering” should be regarded as “extreme communicative acts” (Wee 2004, 2007)—nonlinguistic communicative acts that are usually associated with protest, especially in the context of a lengthy political struggle (such as hunger strikes, self-immolation, and the chopping off of one’s fingers). In so doing, this paper weighs in on the larger questions of who ultimately controls the body of the condemned and what governmental opposition to waiver and withdrawal may reveal about the motives and rationale for the death penalty. This paper also furthers research on how the prison industrial complex is resisted and how State power more generally is negotiated.

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

Document(s)

Study on the question of the death penalty in Africa

By African Commission on Human and Peoples' Rights / Working Group on the Death Penalty in Africa, on 1 January 2011


2011

Book

fr
More details See the document

The document broadly looks at the historical, human rights law, and practical aspects of the death penalty. It takes a comprehensive approach to the question of the death penalty, bearing in mind the need to provide the African Commission with sufficient information that will enable it to take an informed position on the matter.

Document(s)

High-Level Panel Discussion On The Question Of The Death Penalty

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


2019

International law - United Nations

aresfrruzh-hant
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The present report is submitted pursuant to Human Rights Council resolutions 26/2 and 36/17. It provides a summary of the high-level panel discussion on the question of the death penalty held on 26 February 2019 at the fortieth session of the Council. The panel discussion addressed human rights violations related to the use of the death penalty, in particular with respect to the rights to non-discrimination and equality.

Document(s)

Alternatives to the Death Penalty: The Problems with Life Imprisonment

By Penal Reform International, on 1 January 2007


2007

Arguments against the death penalty


More details See the document

This briefing examines the use of life imprisonment worldwide, including the increasing trend of life imprisonment without the possibility of release, or life without parole (LWOP). Emerging trends indicate an increase in the number of offences carrying the sanction of life imprisonment, a greater prevalence of indeterminate sentencing, a reduction in the use of parole, and the lengthening of prison terms as a whole. The abolition of the death penalty has played a significant role in the increased use of life imprisonment sentences, and LWOP in particular. Conditions of detention and the treatment of prisoners serving life sentences are often far worse than those for the rest of the prison population and more likely to fall below international human rights standards.

  • Document type Arguments against the death penalty
  • Themes list Sentencing Alternatives,

Document(s)

The “New Abolitionism” and the Possibilities of Legislative Action: The New Hampshire Experience

By Sarat Austin / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


More details See the document

Recently, the work of the abolitionist community has shifted from the courts to the legislatures. In this article, Professor Sarat examines the significance of what he calls the “new abolitionism” in the politics of legislation aimed at changing or ending the death penalty. The author describes the new abolitionism in detail and then examines its role in the May 2000 vote of the New Hampshire State Legislature to repeal the death penalty. The author concludes that the focus of the new abolitionism on the practical liabilities of our system of capital punishment makes it possible for legislators to oppose the death penalty whilepresenting themselves as guardians of widely shared values and the integrity and fairness of our legal institutions.

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

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


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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)

Does the Death Penalty Deter Homicide in Japan?

By David T. Johnson / Asian Law Centre, on 1 January 2017


2017

Multimedia content

Japan


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Unlike the United States, where death penalty and deterrence studies are legion, there has been little research about the death penalty and deterrence in Japan, though the paucity of studies has not discouraged citizens and officials from making confident claims about this issue. Indeed, deterrence has been called “the core of argumentation for and against” the death penalty in Japan. Serious research on this subject has beenall but impossible because of difficulties obtaining decent crime data from the Japanese government. This paper uses monthly homicide and robbery-homicide statistics thatwere previously unavailable to examine whether death sentences and executions in Japan deterred these crimes from 1990 to 2010. The main finding is that the death penalty did not deter homicide or robbery-homicide during this period. More research is needed on this subject, but at present the Japanese government has no sound basis for continuing to claim that the country needs to retain the death penalty because it detersheinous crime.

  • Document type Multimedia content
  • Countries list Japan
  • Themes list Deterrence , Death Penalty,

Document(s)

Prison conditions for women facing the death penalty: A factsheet

By Penal Reform International / Cornwell Death Penalty Project, on 1 January 2018


2018

Campaigning

fr
More details See the document

There are at least 500 women currently on death row around the world. While exact figures are impossible to obtain, it is estimated that over 100 women have been executed in the last 10 years – and potentially hundreds more. Little empirical data exists about the crimes for which women have been sentenced to death, the circumstances of their lives before their convictions, and the conditions under which they are detained on death row. This Factsheet focuses on the latter topic, with some introductory remarks on the profiles of women under sentence of death. It draws on research published by the Cornell Center on the Death Penalty Worldwide and the World Coalition Against the Death Penalty in 2018, which has shed light on this much-neglected population.

Document(s)

Leaflet World Day 2011 on the inhumanity of the death penalty

By World Coalition Against the Death Penalty, on 1 January 2011


2011

Campaigning

fr
More details Download [ pdf - 242 Ko ]

This information leaflet about the 2011 World Day on the inhumanity of the death penalty gives background information, 10 arguments to end the death penalty and 10 things you can do to abolish the death penalty.

Document(s)

The Death Penalty in the USA

By Robert Dunham, on 8 September 2020


2020

Multimedia content

United States


More details Download [ pdf - 3888 Ko ]

Presentation of Robert Dunham, Death Penalty Information Center, for the plenary session on the death penalty in the USA which took place during the 2017 General Assembly of the World Coalition.

  • Document type Multimedia content
  • Countries list United States
  • Themes list Trend Towards Abolition, World Coalition Against the Death Penalty, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

Public Opinion on the Death Penalty in China: Results from a General Population Survey Conducted in Three Provinces in 2007/08

By Shenghui Qi / Dietrich Oberwittler / Max Planck Institute for Foreign and International Criminal Law, on 1 January 2008


2008

Article

China


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The present project is concerned with the significant role that public opinion plays in the debate surrounding the death penalty and criminal policy in the People’s Republic of China, including possible public reaction to any planned abolishment of the death penalty. How is public opinion on the death penalty exhibited in China? What influence does public opinion on the death penalty have on legislative and judicial practice in China? The principal goal of the project is to analyze the links that exist between public opinion, criminal policy, legislation and legal practice, and to initiate attitudinal changes amongst political and legal actors as well as the public at large. A further objective is to guide Chinese criminal law reform, particularly with regard to a possible reduction in the number of capital offences, against the background of the ratification of the International Covenant on Civil and Political Rights

  • Document type Article
  • Countries list China
  • Themes list Public opinion,

Document(s)

Promotion by Council of Europe member states of an international moratorium on the death penalty

By Council of Europe / M. Pietro MARCENARO, on 1 January 2007


2007

International law - Regional body

fr
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The Committee on Legal Affairs and Human Rights confirms its strong opposition to the death penalty in all circumstances. It takes pride in its decisive contribution to making the member states of the Council of Europe a de facto death penalty-free zone. It notes with satisfaction that the death penalty is on the decline world-wide, as shown by a 25% decrease in executions and death sentences between 2005 and 2006. More than 90% of known executions in 2006 took place in only six countries: China, Iran, Pakistan, Iraq, Sudan, and the United States of America – an observer state of the Council of Europe.The small number of countries that still resort to executions on a significant scale is becoming increasingly isolated in the international community. Between 1977 and 2006, the number of abolitionist countries rose from 16 to 89. This number increases to 129 if one includes those countries which have not carried out anyexecutions for the past 10 years or more.A moratorium is an important step as it saves lives at once and has the potential of demonstrating to the public in retentionist countries that an end to state-sponsored killings does not lead to any increase in violent crime. On the contrary, a moratorium on executions can bring about a change of atmosphere in society fostering greater respect for the sanctity of human life, and thus contribute to reversing the trend towards ever-increasing hate and violence.

Document(s)

The Death Penalty in the Great Lakes Region of Africa: protagonists, arguments and strategies

By Franck Gorchs-Chacou / Caroline Sculier / World Coalition Against the Death Penalty, on 1 January 2008


2008

NGO report

fr
More details Download [ pdf - 323 Ko ]

Focusing in particular on four of the region’s countries – Burundi, the Democratic Republic of Congo, Rwanda and Uganda –, this research work aspires to become a practical tool for Great Lakes’ activists: after describing the state of play of the death penalty in the region, it examines the factors arguing in favour of its abolition and suggests strategies for individual and collective action.

Document(s)

PUBLIC OPINION ON THE MANDATORY DEATH PENALTY IN TRINIDAD: A SUMMARY OF THE MAIN FINDINGS OF A SURVEY

By Florence Seemungal / Roger Hood / The Death Penalty Project, on 1 January 2011


2011

NGO report


More details See the document

A survey of the opinions of a representative sample of 1,000 residents of Trinidad, almost all of them citizens, on the very topical subject of the death penalty, in particular the support for and use of the mandatory death penalty for murder under current Trinidadian law, has just been completed. The data was collected in Trinidad (but not Tobago for reasons largely of the cost involved in collecting a small sample of interviews) by face-to-face interviews between 16th November and 16th December 2010.

  • Document type NGO report
  • Themes list Public opinion,

Document(s)

Nigeria: The death penalty and women under the Nigerian penal systems

By Amnesty International, on 1 January 2004


2004

NGO report

esfr
More details See the document

The recent extension in parts of Nigeria of the death penalty to areas many consider to be private aspects of life has focused the debate on both the appropriateness of the death penalty in general and on the use of the criminal justice system as a way to regulate sexual behaviour. Amnesty International Believes that the death penalty in its application in Nigeria in particular violates women’’s human rights to access to justice, according to international human rights law and standards, and has a discriminatory effect on women in certain cases and for certain crimes. This becomes especially serious in cases of capital punishment which is severely affecting women from deprived socio-economic backgrounds and remote areas.

Document(s)

Resolution 67/176 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


2020

International law - United Nations

aresfrruzh-hant
More details See the document

Resolution adopted by the United Nations General Assembly on 20 December 2012 [on the report of the Third Committee (A/67/457/Add.2 and Corr.1)] 67/176. Moratorium on the use of the death penalty

Document(s)

Resolution 62/149 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
More details See the document

Document(s)

Resolution 63/168 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
More details See the document

Document(s)

Resolution 71/187 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


International law - United Nations

aresfrruzh-hant
More details See the document

United Nations General Assembly Resolution adopted by the General Assembly on 19 December 2016 [on the report of the Third Committee (A/71/484/Add.2] 71/187. Moratorium on the use of the death penalty.

Document(s)

The Death Penalty in the United States: A Crisis of Conscience

By Richard L. Wiener / Craig Haney / Psychology, Public Policy and Law, on 1 January 2004


2004

Article

United States


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The articles in this issue discuss many appellate court decisions that turned on due process problems in the guilt and penalty phases of capital murder trials and the troubling role of race in capital prosecutions. Governor Ryan of Illinois cited many of these issues when he declared a moratorium on the death penalty and appointed a blue-ribbon panel to study the prosecution of capital murder in 2000. Governor Ryan commuted the sentences of all Illinois death row inmates in January 2003, in part, because the legislature was unable to address these issues that again appeared in the panel’s report. These issues raise serious questions about the reliability of the capital murder system and recommend a continued public debate about its fairness.

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

Document(s)

Towards the Abolition of the Death Penalty in Africa: A Human Rights Perspective

By Lilian Chenwi / Pretoria University Law Press, on 1 January 2007


2007

Book


More details See the document

In “Towards the abolition of the death penalty in Africa – a human rights perspective”, the author shows that international law increasingly recognises that the imposition and execution of the death penalty constitute violations of human rights. The author locates an emerging international trend towards the abolition of capital punishment in the African context. In doing so, she provides a particular African perspective on the issue. In this rich and informative text, she reflects on the role and impact of relevant UN instruments on African states, and analyses related African regional instruments, domestic law and case-law.

  • Document type Book

Document(s)

The inevitability of error: The administration of justice in death penalty cases

By Death Penalty Project, on 1 January 2014


2014

NGO report

en
More details See the document

This report provides a global snapshot of cases and research findings from Japan, the United States, Taiwan, the Commonwealth Caribbean, Sierra Leone and the United Kingdom. International human rights law recognises the potential for wrongful conviction and execution of the innocent, or those who have not had fair trails. As a consequence, international norms seek to impose exacting standards and apply a heightened level of due process in capital cases. The relevance of universal human rights standards and international norms, requiring states to apply rigorous procedural rules in the application of the death penalty, is detailed in the Appendix.

Document(s)

Resolution 69/186 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 8 September 2020


2020

International law - United Nations

aresfrruzh-hant
More details See the document

United Nations General Assembly Resolution adopted by the General Assembly on 18 December 2014 [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)] 69/186. Moratorium on the use of the death penalty

Document(s)

Resolution 73/175 – Moratorium on the use of the death penalty

By United Nations General Assembly, on 14 October 2020


2020

International law - United Nations

aresfrruzh-hant
More details See the document

United Nations General Assembly Resolution adopted by the General Assembly on 17 December 2018 [on the report of the Third Committee (A/73/589/Add.2) 73/175. Moratorium on the use of the death penalty.

Document(s)

Transcript of Speech on Religion’s Role in the Administration of the Death Penalty

By Pat Robertson / William & Mary Bill of Rights Journal 9(1), 215-222, on 1 January 2000


2000

Article

United States


More details See the document

About fifteen years ago, I was in the maximum-security prison in Raiford, Florida, and after I had spoken to the inmates, and had several interviews for our television program, I was permitted to go back into death row. It was a very sobering sight because the electric chair was just down the hall from where I was, and you could see that rather grim room. There were two men that they had asked me to talk to. One was a young man, in his mid-twenties who had been a contract killer for organized crime. He had dispatched at least twenty people to the next world as a cold-blooded killer. He was there on death row awaiting execution. The other man was a rather simple soul who had discovered his wife having an affair with another man, at least that’s my understanding, and in a fit of rage, he killed her. In the subsequent trial, he had received the death penalty for his action. Both of these men had had profound religious conversions. I know the difference between somejailhouse conversions-and there are plenty of them out there-and something that’s sincere from the heart. Both of these men, in my opinion, had been spiritually transformed.

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

Document(s)

Foreign nationals facing the death penalty in the USA: the important role of consular officials

By Reprieve, on 1 January 2012


2012

Lobbying


More details See the document

This video explains the role of consular officers in protecting their nationals when they face the death penalty abroad.

  • Document type Lobbying
  • Themes list Foreign Nationals,

Document(s)

Crossing the line: Rape-murder and the death penalty

By Phyllis L. Crocker / Ohio Northern Law Review 26(3), 689-723., on 1 January 2000


2000

Article

United States


More details See the document

When a woman is raped and then murdered, it is among the most horrifying of crimes. It is also, often, among the most sensational, notorious, and galvanizing of cases. In 1964, Kitty Genovese was raped and murdered in Queens, New York. Her murder sparked soul-searching across the country because her neighbors heard her cries for help and did not respond: it made us question whether we had become an uncaring people. During the 1970s and 80s a number of serial killers raped and murdered their victims: including Ted Bundy in Florida and William George Bonin, the “Freeway Killer,” in Southern California. In the 1990s, the sexual assault-murder of seven- year-old Megan Kanka in New Jersey contributed to a firestorm of states passing sex offender notification statutes. Rolando Cruz was released from Illinois death row in 1995, after serving eleven years for a crime he did not commit: the rape and murder of ten-year-old Jeanine Nicarico. The crime itself sent shock waves through the Chicago metropolitan area and pressure to quickly solve it contributed to Cruz’s arrest and conviction. In each instance the rape- murder terrified us and made us want to impose the severest of punishments. This explores the crime and punishment of those convicted of committed rape .murder

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

Document(s)

A Heavy Thumb on the Scale: The Effect of Victim Iimpact Evidence On Capital Decision Making

By Ray Paternoster / Criminology / Jerome Deise, on 1 January 2011


2011

Article

United States


More details See the document

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims’ families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991). The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death-eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim’s family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.

  • Document type Article
  • Countries list United States
  • Themes list Murder Victims' Families,

Document(s)

Confronting the Death Penalty. How Language Influences Jurors in Capital Cases

By Oxford University Press / Robin Conley, on 1 January 2015


2015

Book

United States


More details See the document

Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible – how specific linguistic choices mediate and restrict jurors’, attorneys’, and judges’ actions and experiences while serving and reflecting on capital trials. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making – conveyed in the form of authoritative legal language – when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.

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

Document(s)

The Death Penalty in 2017: Year End Report

By Death Penalty Information Center, on 1 January 2017


2017

NGO report


More details See the document

tences remained near historically low levels in 2017, as public support for the death penalty fell to its lowest level in 45 years, according to a report released today by the Death Penalty Information Center (DPIC). Eight states carried out 23 executions, half the number of seven years ago, and the second lowest total since 1991. Only the 20 executions in 2016 were lower. Fourteen states and the federal government are projected to impose 39 new death sentences in 2017, the second lowest annual total since the U.S. Supreme Court declared the death penalty unconstitutional in 1972. It was the seventh year in a row that fewer than 100 death sentences were imposed nationwide.

  • Document type NGO report
  • Themes list Capital offences, Cruel, Inhuman and Degrading Treatment and Punishment, Arbitrariness, Death Row Conditions, Death Penalty, Country/Regional profiles,

Document(s)

Religious Organizations and the Death Penalty

By Robert F. Drinan / William and Mary Bill of Rights Journal, on 1 January 2000


2000

Article

United States


More details See the document

Over the past several years, many questions have been raised concerning the application and effectiveness of the death penalty. Ironically, the Catholic Church, a long-time supporter of the death penalty, has become one of the most vocal critics of the death penalty. In this Essay, Father Robert F. Drinan documents the Church’s new-found opposition to the death penalty, and discusses the influence the Church will have on the future of the death penalty.

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

Document(s)

Slavery and the Death Penalty

By Routledge / Bharat Malkani, on 1 January 2018


2018

Book

United States


More details See the document

It has long been acknowledged that the death penalty in the United States of America has been shaped by the country’s history of slavery and racial violence, but this book considers the lesser-explored relationship between the two practices’ respective abolitionist movements. The book explains how the historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. The comparative study also sheds light on the nature of such efforts, and offers lessons for how death penalty abolitionism should proceed in future. Using the history of slavery and abolition, it is argued that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists.

  • Document type Book
  • Countries list United States
  • Themes list Trend Towards Abolition, Death Penalty,

Document(s)

ASEAN’s legacy of hope A short video about many of the weakness of a justice system that relies on the death penalty

By Coalition for the Abolition of Death Penalty in ASEAN (CADPA), on 1 January 2017


2017

Multimedia content


More details See the document

Drawing on dramatic footage from famous cases, told by the priests and lawyers who knew them, this video depicts the death penalty as a cruel and inhumane practice that persists even through weaknesses in our legal systems might mean we are killing innocent people even though no evidence exists to suggest that the death penalty serves as a deterrent.

  • Document type Multimedia content
  • Themes list Due Process , Moratorium , Networks, Death Penalty,

Document(s)

Legal Lynching: The Death Penalty and America’s Future

By Bruce Shapiro / Rev. Jesse L. Jackson / Anchor , on 8 September 2020


2020

Book

United States


More details See the document

In this collaborative work, the Jacksons, father (former presidential candidate and founder of the Rainbow Coalition) and son (a congressional representative) with Salon.com editor Shapiro, pursue a nationwide conversation on the issues surrounding the death penalty one that begins with the proposal of a moratorium and could lead to the eventual cessation of capital punishment. This book describes a bureaucratic nightmare involving defense lawyers asleep at trial, vengeance-hungry politicos and a problematic, imperfect justice system in which the handing out of death sentences is skewed, both racially and economically. An objective examination of this penal system would be beneficial to all, say the authors: since the Supreme Court allowed executions to resume in 1976, one in every eight prisoners on death row has been found innocent and released. There are undoubtedly cases, the authors argue, where the proof of innocence didn’t see the light of day in time. Navigating the historical precedents of the death penalty and the reasons why federally mandated executions were restored following a 10-year moratorium imposed in 1967, the authors thoroughly detail legitimate questions regarding what they view as erroneous deterrence theories, scriptural misrepresentation and simple vengeance.

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

Document(s)

Discrimination, Torture, and Execution: A Human Rights Analysis of the Deathe Penalty in U.S. Prisons

By International Federation for Human Rights (FIDH), on 1 January 2013


2013

NGO report


More details See the document

In May 2013, the Center for Constitutional Rights and the International Federation for Human Rights (FIDH) undertook a fact-finding mission in California and Louisiana to evaluate the death penalty as practiced and experienced in these jurisdictions under a human rights framework. The mission examined whether the death penalty was being applied in a discriminatory manner, and if the conditions on death row met the U.S.’s obligation to prevent and prohibit torture and cruel, inhuman or degrading treatment.The mission interviewed death-row prisoners, exonerees and their family members, advocates, legal counsel, and non-governmental organizations in both states, analyzing the information gathered against the backdrop of international human rights law. Based on the interviews conducted and documentary review, the mission concludes that the use of the death penalty in California and Louisiana fails to protect a number of basic rights, rendering the United States in breach of certain fundamental international obligations. Specifically, the mission finds California and Louisiana violate the principle of non-discrimination in the charging, conviction and sentencing of persons to death. Both states treat prisoners condemned to death in a manner that is, at minimum, cruel, inhuman or degrading, and in some cases, constitutes torture.

  • Document type NGO report
  • Themes list Mental Illness, Torture, Death Row Conditions, Death Penalty,

Document(s)

2021 General Assembly of the World coalition against the death penalty – Program

By World Coalition Against the Death Penalty, on 15 June 2021


2021

World Coalition

Juveniles

Women

fr
More details Download [ pdf - 280 Ko ]

If you are a member organization, join the fantastic program we will have on Friday 18 June!

Document(s)

Parliamentarians and the abolition of the death penalty – a resource

By World Coalition Against the Death Penalty / Francis H. Warburton, on 1 January 2014


2014

Working with...

fr
More details Download [ pdf - 667 Ko ]

This resource is for parliamentarians around the globe, currently working or thinking of working for the abolition of the death penalty. It is intended to provide some of the key arguments for abolition based on a series of case studies, showing how abolition has been achieved and is being achieved around the world. The resource also sets out the mini steps that can be taken toward abolition and some information on the development of parliamentary networks and there are a list of contacts where parliamentarians can find information and support.

Document(s)

2014 Report – Moratorium on the use of the death penalty

By United Nations, on 8 September 2020


2020

NGO report

arfresruzh-hant
More details See the document

The present report is submitted to the General Assembly pursuant to its resolution 67/176. It discusses trends towardsthe abolition of the death penalty andthe establishment of moratoriums on executions. The report also reflects on the application of international standards relating to the protection of the rights of those facing the death penalty and discusses various international and regional initiativesfor the implementation of resolution67/176.

Document(s)

The Global Debate on the Death Penalty

By Sandra Babcock / Human Rights Magazine, on 1 January 2007


2007

Article

United States


More details See the document

Many human rights organizations and intergovernmental organizations, such as the European Union, see the death penalty as one of the most pressing human rights issues of our time and have taken an active role in persuading countries to halt executions. The debate over capital punishment in the United States—be it in the courts, in state legislatures, or on nationally televised talk shows—is always fraught with emotion. The themes have changed little over the last two or three hundred years. Does it deter crime? If not, is it necessary to satisfy society’s desire for retribution against those who commit unspeakably violent crimes? Is it worth the cost? Are murderers capable of redemption? Should states take the lives of their own citizens? Are current methods of execution humane? Is there too great a risk of executing the innocent?

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

Document(s)

Question of the death penalty : report of the Secretary-General submitted pursuant to Commission on Human Rights resolution 2002/77

By United Nations, on 1 January 2003


2003

International law - United Nations

esruzh-hantarfr
More details See the document

The present report contains information covering the period from January 2001 through December 2002, in order to ensure that there are no gaps in coverage since the last version of the sixth quinquennial report which covered information up to the end of 2000. The report indicates that the trend towards abolition of the death penalty continues, which is illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

The Death Penalty in Singapore: in Decline but Still Too Soon for Optimism

By National University of Singapore, on 1 January 2016


2016

Article

Singapore


More details See the document

A survey on Singaporeans’ opinion on the death penalty, which was led by Assoc Prof Chan Wing Cheong from the NUS Faculty of Law, found that most Singaporeans are in favour of the death penalty but less so for certain cases. Fewer support the death penalty for drug trafficking and firearms in cases where no one dies or is injured and there is also less support for the mandatory death penalty. The survey polled 1,500 Singapore citizens aged 18 to 74 between April and May 2016.For a free summary of the study: http://news.nus.edu.sg/highlights/11231-death-penalty-support-not-clear-cut

  • Document type Article
  • Countries list Singapore
  • Themes list Public opinion, Public debate, World Coalition Against the Death Penalty, Death Penalty, Statistics, Country/Regional profiles,

Document(s)

Abolishing the Death Penalty: Why India Should Say No to Capital Punishment

By Gopalkrishna Gandhi, on 1 January 2016


Book

India


More details See the document

In Abolishing the Death Penalty: Why India Should Say No to Capital Punishment, Gopalkrishna Gandhi asks fundamental questions about the ultimate legal punishment awarded to those accused of major crimes. Is taking another life a just punishment or an act as inhuman as the crime that triggered it? Does having capital punishment in the law books deter crime? His conclusions are unequivocal: Cruel in its operation, ineffectual as deterrence, unequal in its application in an uneven society, liable like any punishment to be in error but incorrigibly so, these grievous flaws that are intrinsic to the death penalty are compounded by yet another—it leaves the need for retribution (cited as its primary ‘good’) unrequited and simply makes society more bloodthirsty.Examining capital punishment around the world from the time of Socrates onwards, the author delves into how the penalty was applied in India during the times of Asoka, Sikandar Lodi, Krishnadevaraya, the Peshwas and the British Raj, and how it works today

  • Document type Book
  • Countries list India
  • Themes list Capital offences, Public debate, Deterrence , Trend Towards Abolition, Right to life, Cruel, Inhuman and Degrading Treatment and Punishment, Death Penalty, Country/Regional profiles,

Document(s)

Children and the death penalty: Executions worldwide since 1990

By Amnesty International, on 1 January 2002


2002

NGO report

fres
More details See the document

The document details cases of child offenders executed since 1990 and cites the relevant international standards. Two tables are appended: a list of cases and a table of the 113 countries which provide for the death penalty but exclude its use of the death penalty against child offenders. There are also appendices giving the text of the resolution on “The death penalty in relation to child offenders” adopted by the UN Sub-Commission on the Promotion and Protection of Human Rights in August 2000 and extracts from the resolution on “The question of the death penalty” adopted by the UN Commission on Human Rights in April 2002.

Document(s)

English-speaking Carribbean: time to make the death penalty history

By Amnesty International, on 1 January 2018


2018

NGO report

fr
More details See the document

Ten years ago, on 19 December 2008, the authorities of Saint Kitts and Nevis carried out what was to become the last execution in the Americas, outside the USA. This anniversary, which follows on from the observance on 2 November of 25 years since a key judicial decision that puta brake on the implementation of death sentences in the region, offers an opportunity for reflection on the present state of the death penalty in the English-speaking Caribbean. Trends on the use of this punishment point to the inevitability of its abolition. On the occasion of this anniversary, Amnesty International renews its call on governments in the English-speaking Caribbean to take prompt steps towards consigning the death penalty to history once and for all.

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)

Report on the Death Penalty in Iraq UNAMI/OHCHR

By Office of the High Commissioner for Human Rights (OHCHR) / United Nations Assistance Mission for Iraq (UNAMI) Human Rights Office, on 1 January 2014


2014

International law - United Nations


More details See the document

This reporton the death penalty in Iraqis publishedjointlyby the Human RightsOffice of theUnited Nations Assistance Mission for Iraq (UNAMI)andthe Office of the United Nations HighCommissioner for Human Rights (OHCHR).The first section of this report outlines the international human rights standards on the use of thedeath penalty. The subsequent sections examine the domestic legal framework for the use of thedeath penalty in Iraq, judicial proceedings in death penalty cases, the implementation of the deathpenalty since 2004, and thejustifications put forward by the Government of Iraq for its continueduse. The report concludes with a set of recommendations tothe Iraqi authorities, the Governmentof Kurdistan Region and the international community.

  • Document type International law - United Nations
  • Themes list Due Process , Hanging, Country/Regional profiles,

Document(s)

Human Rights and the Death Penalty in the United States

By The Advocates for Human Rights, on 8 September 2020


2020

Arguments against the death penalty


More details See the document

This sheet details what human rights are in relation to the death penalty and the USA. It discusses racism, inadequete legal representation and the unjustifiable cost of the death penalty in the US.

  • Document type Arguments against the death penalty

Document(s)

Japanese Moratorium on the Death Penalty

By Mika Obara-Minnitt, on 1 January 2016


2016

Book

Japan


More details See the document

While the number of states that retain capital punishment is declining, Japan has maintained the death penalty in its legislation. In the case of Japan, the government has consistently justified the retention and use of the death penalty on the basis of national law. However, the country as recently experienced a number of de facto moratorium periods on executions. This book addresses how the Ministry of Justice in Japan has justified capital punishment policy during these de facto moratorium periods. The primary goal of this volume is to provide a better understanding of the elite-driven nature of the capital punishment system in Japan. It also addresses the domestic and cultural factors of the capital punishment policy and the rhetoric of the Ministry of Justice in its justification of capital punishment policy.

  • Document type Book
  • Countries list Japan
  • Themes list Moratorium , Death Penalty, Country/Regional profiles,

Document(s)

The Death Penalty in the OSCE Area – Background Paper 2010

By Organization for Security and Co-operation in Europe (OSCE), on 8 September 2020


2020

NGO report

Albania

ru
More details See the document

This paper updates The Death Penalty in the OSCE Area: Background Paper 2009.It is intended to provide a concise update to highlight changes in the status of thedeath penalty in OSCE participating States since the previous publication and topromote constructive discussion of this issue. It covers the period from 1 July 2009to 30 June 2010. —– To find past OSCE papers please visit: http://www.osce.org/documents?keys=The+Death+Penalty+in+the+OSCE+Area+-+Background+Paper+

Document(s)

Killing in the Name of Justice. The Death Penalty in Saudi Arabia

By Amnesty International / Amnesty International UK, on 8 September 2020


NGO report

Saudi Arabia


More details See the document

The 2015 Amnesty International’s Report on Saudi Arabia gravely confirms that Saudi Arabia remains one of the most prolific executioners in the world. Between January 1985, the earliest year from when information on executions is available, and June 2015 it executed at least 2,200 persons, almost half of whom were foreign nationals. Over one third of these executions were carried out for offences that do not meet the threshold of “most serious crimes” for which the death penalty can be imposed under international law. Most of these crimes, such as drug-related offences, are not mandatorily punishable by death according to the authorities’ interpretation of Islamic Shari’a law.

  • Document type NGO report
  • Countries list Saudi Arabia
  • Themes list Drug Offences, Foreign Nationals, Most Serious Crimes, Death Penalty,

Document(s)

USA: Darkness visible in the Sunshine State: The death penalty in Florida

By Amnesty International, on 1 January 2018


2018

NGO report


More details See the document

Florida promotes itself as a destination for tourists and a hub for trade. It is less well-known as a diehard proponent of a cruel policy discarded by much of the world. In 2016, the US Supreme Court ruled Florida’s capital sentencing scheme unconstitutional. Florida’s response has added another layer of arbitrariness to its death penalty. This report focusses on the state’s use of the death penalty against people who were young adults at the time of the crime and/or who have mental or intellectual disabilities. The Sunshine State should end its use of the ultimate cruel, inhuman and degrading punishment.

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

Document(s)

Surviving Execution: A Miscarriage of Justice and the Fight to End the Death Penalty

By Ian Woods / Atlantic Books, on 1 January 2018


Book

United States


More details See the document

Imagine being condemned to death for murder, when even the prosecutors admit that you didn’t actually kill anyone. This is what happened to Richard Glossip.Despite being convicted on the word of the actual self-confessed killer, the state of Oklahoma is still intent on executing him.Ian Woods, a reporter for Sky News in the UK, came across the case, and has tirelessly campaigned ever since to bring the injustices Glossip has faced to the world’s attention.

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

Document(s)

The Debate Over the Death Penalty in Today’s China

By Zhang Ning / China perpectives, on 1 January 2005


2005

Article

China


More details See the document

Despite the sensitivity of the subject, the death penalty is currently a topic of public discussion among Chinese legal experts who are now openly wondering about its possible abolition. This debate is of interest on three counts. First, it goes hand-in-hand with a retrospective reading of the Chinese penal tradition, highlighting the succession of attempts at modernising criminal law for over a century. It also shows the ever present weight of the Maoist legacy and the contradictions of the present policy, caught between a concern for legality and continuing recourse to exceptional measures. Lastly, legal professionals and theorists alike are engaging in a review—based on specific cases—of the particular features of contemporary Chinese society and culture.

  • Document type Article
  • Countries list China
  • Themes list Public debate,

Document(s)

He Called Me Sister

By Suzanne Craig Robertson, on 24 February 2023


2023

Book

Death Row Conditions 

United States


More details See the document

The fascinating, moving story of a friendship with an inmate on death row. It was a clash of race, privilege, and circumstance when Alan Robertson first signed up through a church program to visit Cecil Johnson on Death Row, to offer friendship and compassion. Alan’s wife Suzanne had no intention of being involved, but slowly, through phone calls and letters, she began to empathize and understand him. That Cecil and Suzanne eventually became such close friends—a white middle-class woman and a Black man who grew up devoid of advantage—is a testament to perseverance, forgiveness, and love, but also to the notion that differences don’t have to be barriers. This book recounts a fifteen-year friendship and how trust and compassion were forged despite the difficult circumstances, and how Cecil ended up ministering more to Suzanne’s family than they did to him. The story details how Cecil maintained inexplicable joy and hope despite the tragic events of his life and how Suzanne, Alan, and their two daughters opened their hearts to a man convicted of murder. Cecil Johnson was executed Dec. 2, 2009.

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

Document(s)

Where is the justice for me?’ The case of Troy Davis, facing execution in Georgia

By Amnesty International / Amnesty International - USA, on 8 September 2020


2020

Academic report

United States


More details See the document

Troy Anthony Davis has been on death row in Georgia for more than 15 years for the murder of a police officer he maintains he did not commit. Given that all but three of the witnesses who testified against Troy Davis at his trial have since recanted or contradicted their testimony amidst allegations that some of it had been made under police duress, there are serious and as yet unanswered questions surrounding the reliability of his conviction and the state’s conduct in obtaining it. As the case currently stands, the government’s pursuit of the death penalty contravenes international safeguards which prohibit the execution of anyone whose guilt is not based on “clear and convincing evidence leaving no room for an alternative explanation of the facts”. Amnesty International does not know if Troy Davis is guilty or innocent of the crime for which he is facing execution. As an abolitionist organization, it opposes his death sentence either way. It nevertheless believes that this is one in a long line of cases in the USA that should give even ardent supporters of the death penalty pause for thought. For it provides further evidence of the danger, inherent in the death penalty, of irrevocable error. As the Chief Justice of the United States Supreme Court wrote in 1993, “It is an unalterable fact that our judicial system, like the human beings who administer it, is fallible. Or as a US federal judge said in 2006, “The assessment of the death penalty, however well designed the system for doing so, remains a human endeavour with a consequent risk of error that may not be remediable.”

  • Document type Academic report
  • Countries list United States
  • Themes list Networks,

Document(s)

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

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


2021

NGO report

Death Row Conditions 

Malaysia


More details See the document

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

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

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

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

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

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

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

Document(s)

Effective advocacy towards abolition of the death penalty in sub-Saharan Africa

By World Coalition Against the Death Penalty / FIACAT, on 1 January 2018


2018

Lobbying

fr
More details Download [ pdf - 840 Ko ]

This manual has been written by the World Coalition against the death penalty (WCADP) in partnership with FIACAT.This tool is a guide for the advocacy towards abolition of the death penalty in sub-Saharan Africa. It became a capitalisation tool of the joint project between FIACAT and WCADP “Contributing to the abolition of the Death Penalty in sub-Saharan Africa”

Document(s)

China Against the Death Penalty Report 2012

By China Against the Death Penalty, on 1 January 2012


2012

NGO report

zh-hant
More details Download [ pdf - 170 Ko ]

The original report in Chinese was in three parts. Part I, translated here, outlines the legal system and its application in relation to the death penalty. Part II introduces the use of the death penalty review system following the Supreme People’s Court’s resumption of its power to review death sentences on January 1st, 2007. Part II also analyses the influence of the death penalty review system on the new criminal procedure law that will come into effect in 2013. Part III introduces a number of death penalty cases.

Document(s)

Texas Death Penalty Developments in 2015: The Year in Review

By Texas Coalition to Abolish the Death Penalty, on 1 January 2015


2015

NGO report


More details See the document

This year, jurors in Texas imposed the fewest new death sentences since the U.S. Supreme Court upheld the state’s revised capital punishment statute in 1976. According to the Texas Coalition to Abolish the Death Penalty’s (TCADP) report, Texas Death Penalty Developments in 2015: The Year in Review, juries newly condemned three individuals to death. They rejected the death penalty in four other trials. The first death sentence of the year was not imposed until October 7, 2015.

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

Document(s)

The Death Penalty and Victims

By United Nations, on 1 January 2016


2016

International law - United Nations


More details See the document

This publication includes perspectives from a broad range of victims. While some of them are family members of crime victims, others are victims of human rights violations in application of the death penalty, of its brutality and traumatic effects. Victims’ perspectives, taken holistically, make a compelling case against the death penalty. When it comes to the death penalty, almost everyone loses. The perspectives of the victims on the death penalty as reflected in this book are likely to provoke tough discussions. This may be a welcome challenge. The publication was launched at a high-level event on 21st September at the UN in New York.The full recording of the event and the programme is available at: texte

  • Document type International law - United Nations
  • Themes list Innocence, Murder Victims' Families, Death Penalty,

Document(s)

Initiating Constructive Debate: A Critical Reflection on the Death Penalty in Africa

By Lilian Chenwi / Comparative and International Law Journal of Southern Africa, on 1 January 2005


2005

Article


More details See the document

This article aims to show that there is a need for constructive debate on the death penalty in Africa. Considering that the African Commission is encouraging such a debate, the article begins with an examination of its stance on the subject. This is followed by a brief evaluation of the use of the death penalty in Africa, highlighting some areas of concern. The death penalty is then considered from a human rights perspective, focusing mainly on the possibility of relying on constitutional provisions on the right to life and the prohibition of cruel, inhuman and degrading treatment to challenge the death penalty.

  • Document type Article
  • Themes list Right to life, Cruel, Inhuman and Degrading Treatment and Punishment, Mandatory Death Penalty,

Document(s)

The Death Penalty in the US in 2016: Year End Report

By Death Penalty Information Center, on 1 January 2016


2016

NGO report


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Use of the death penalty fell to historic lows across theUnited States in 2016. States imposed the fewest deathsentences in the modern era of capital punishment, sincestates began re-enacting death penalty statutes in 1973. Newdeath sentences are predicted to be down 39% from 2015’s40-year low. Executions declined more than 25% to theirlowest level in 25 years, and public opinion polls alsomeasured support for capital punishment at a four-decadelow.

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

Document(s)

The Death Penalty in the U.S. in 2016: infographic

By Death Penalty Information Center, on 1 January 2016


NGO report


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Figures on the application of the death penalty in the US in 2016: Another record decline in death penalty use

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

Document(s)

Sharia law and the death penalty

By Penal Reform International, on 1 January 2015


2015

NGO report


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PRI has witnessed the death penalty’s abolition in a majority of the world’s nations, but it continues to be used in most Muslim countries. One of the main reasons for this is the justification that it is permitted by the Quran, the Islamic holy book. In many Islamic countries which continue to carry out executions, the death penalty has become a taboo subject. Governments frequently use Sharia to justify why they retain and apply capital punishment, and this can seem to close discussion on the subject. However, Sharia law is not as immutable on the death penalty as many scholars or states say. Among the misconceptions about Sharia law is the belief that there is a clear and unambiguous statement of what the punishments are for particular offences. In fact, there are several different sources referring to punishments, and different schools of Sharia law give different weight to them.

  • Document type NGO report
  • Themes list Religion , Methods of Execution,

Document(s)

Death Dissent and Diplomacy: The U.S. Death Penalty as an Obstacle to Foreign relations

By Mark Warren / William and Mary Bill of Rights Journal, on 1 January 2004


2004

Article

United States


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Widely believed to be the innocent victims of an unfair trial, two foreign nationals facing execution in the United States had captured the attention of theworld. Rallies in their support attracted huge crowds in London and Paris, in Buenos Aires, Johannesburg, Bombay and Tokyo. Petitions for mercy flooded the governor’s office, signed by half a million people worldwide. The Italian head of state, former Nobel prize winners, and the Vatican joined in the global appealfor clemency, all to no avail. The world watched as the final days ticked away, transfixed by the last-minute battle to obtain a new trial amid a mounting storm ofdomestic and international protest. Citing procedural default and deference to state law, the appellate courts refused to intervene.

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

Document(s)

Death Penalty in the Palestinian Legal System: A Legal Review

By Maan Shihda Ideis / Independent Commission for Human Rights , on 1 January 2010


2010

International law - Regional body

ar
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ICHR carried out this review in order to assist the PNA in its attempts to join international community that did abolish death penalty from their legal system. In order for the PNA to ratify the various international conventions stipulating respect for the right to life and prohibits the execution of every human being. In this study, ICHR aims to define the practical steps that the PNA should take in order to abolish death penalty from the Palestinian legal system. According to Article (10) of the Basic Law of 2002, the human rights and fundamental freedoms shall be binding and respected by the PNA which shall, without delay, accede to the regional and international declarations and instruments that protect human rights, especially those international charters and resolutions that governing the right to life, the abolition of death penalty, and/or placing restrictions on the procedures of its execution.

Document(s)

The death penalty and poverty: Promoting access to justice for the poor in Nigeria

By Adaobi Egboka, on 1 January 2017


2017

Multimedia content

Botswana


More details Download [ pdf - 575 Ko ]

Presentation of Adaobi Egboka, from Legal Defense and Assistance Project for the plenary session on poverty and the death penalty which took place during the 2017 General Assembly of the World Coalition.

  • Document type Multimedia content
  • Countries list Botswana
  • Themes list Fair Trial, World Coalition Against the Death Penalty, Death Penalty, Country/Regional profiles,

Document(s)

Broken Justice: The Death Penalty in Virginia

By Rachel King / American Civil Liberties Union / Virginia, on 1 January 2003


2003

NGO report


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In April of 2000, the ACLU of Virginia published its first report on the status of the death penalty in Virginia. Since that time, a remarkable number of changes have taken place on this issue both in Virginia and throughout the country, which necessitated a second edition of the report. The first report examined four aspects of the administration of capital punishment in Virginia: prosecutorial discretion in the charging of capital crimes, quality of legal representation for the accused at trial, appellate review of trials resulting in the death penalty and the role of race. This report will look at those four areas and also add several other issues: the problem of prosecutorial misconduct in capital cases, the problem of executing mentally retarded offenders, the question of executing juvenile offenders and the danger of executing wrongfully convicted persons, as shown by the growing number of individuals who have been exonerated while on death row.

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

Document(s)

In Defense of the Right to Life: International Law and Death Penalty in the Philippines

By Commission on Human Rights of the Philippines , on 1 January 2017


2017

Academic report


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This study is a joint collaboration between international law expert Dr Christopher Ward SC, Senior Counsel of the New South Wales Bar and Adjunct Professor of the Australian National University, and the Commission on Human Rights of the Philippines.

  • Document type Academic report
  • Themes list International law, Death Penalty, Country/Regional profiles,

Document(s)

Myth #9 – The Bible supports the death penalty

By Reprieve / Emmanuelle Purdon , on 8 September 2020


2020

Academic report


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MYTH: The Bible preaches retribution. Jesus supports the death penalty. FACT: People have been arguing for decades over interpretations of the Bible. The Church has officially declared its opposition to the death penalty. The concept of “mercy” is preached in the majority of religions.

  • Document type Academic report
  • Themes list Religion ,

Document(s)

Parlamentarians and the Abolition of the Death Penalty – A Resource –

By World Coalition Against the Death Penalty / Francis H. Warburton, on 8 September 2020


Book


More details Download [ pdf - 667 Ko ]

This resource is for parlamentarians around the globe, currently working or thinking of working for the abolition of the death penalty. It is intended to provide some of the key arguments for abolition based on a series of case studies, showing how abolition has been achieved around the world. It is provided with an arguments section as well as with specific case studies based on countries that have either achieved abolition or have managed to achieve one of the intermediate steps toward abolition.

  • Document type Book
  • Themes list Trend Towards Abolition,

Document(s)

Turkey: The Risk of Reinstatment of the Death Penalty

By World Caolition againt the Death Penalty, Anne Souléliac, Rusen Aytac - Barreau de Paris, on 10 August 2021


2021

Campaigning

Public Opinion 

Turkey

fr
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Findings from a preliminary study on the situation of human rights defenders in Turkey and the potential of a return to capital punishment.

Document(s)

The Death Penalty in Egypt

By International Federation for Human Rights (FIDH) / Etienne Jaudel / Alya Chérif Chammari / Nabeel Rajab, on 1 January 2005


2005

NGO report

arfr
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The report notably points to the great number of crimes which entail the death penalty in Egypt and to the fact that civilians may be tried by military courts, sentenced to death and executed without delay, in violation of the rights of the defence and sometimes in abstentia. The only remedy is the unlikely pardon of the President of the Republic. Confessions obtained under duress are often accepted in court and form the basis of the sentence. The FIDH report recommends to the Egyptian authorities to put an immediate end to the state of emergency which, after 23 years, is no longer justified in Egypt today; the state of emergency is conducive to serious violations of human rights, including administrative detention without any effective judicial control, unfair trials of civilians before military courts, and widespread torture of detainees, including during the pre-trial stage. The Egyptian authorities should inquire into all allegations of torture and bring to justice those responsible.

Document(s)

Question of the death penalty: Report of the Secretary-General

By United Nations, on 1 January 2008


2008

International law - United Nations

aresruzh-hantfr
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The present report contains information covering the period from January 2006 to May 2008. 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 are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

Document(s)

The exclusion of child offenders from the death penalty under general international law

By Amnesty International, on 1 January 2003


2003

NGO report

esfr
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In October 2002 the Inter-American Commission on Human Rights held that “a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime” and that “this rule has been recognized as being of a sufficiently indelible nature to now constitute a norm of jus cogens”. This paper examines the evidence supporting the conclusion that the use of the death penalty against child offenders (people convicted of crimes committed under the age of 18) is prohibited under customary international law and as a peremptory norm of general international law (jus cogens).

Document(s)

When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What It Says About Us

By Deborah W. Denno / Ohio State Law Journal, on 1 January 2002


2002

Article

United States


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This article discusses the paradoxical motivations and problems behind legislative changes from one method of execution to the next, and particularly moves from electrocution to lethal injection. Legislatures and courts insist that the primary reason states switch execution methods is to ensure greater humaneness for death row inmates. History shows, however, that such moves were prompted primarily because the death penalty itself became constitutionally jeopardized due to a state’s particular method. The result has been a warped legal “philosophy” of punishment, at times peculiarly aligning both friends and foes of the death penalty alike and wrongly enabling legislatures to delegate death to unknowledgeable prison personnel. This article first examines the constitutionality of electrocution, contending that a modern Eighth Amendment analysis of a range of factors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstrating that injection also involves unnecessary pain, the risk of such pain, and a loss of dignity. These failures seem to be attributed to vague lethal injection statutes, uninformed prison personnel, and skeletal or inaccurate lethal injection protocols. The article next presents the author’s study of the most current protocols for lethal injection in all thirty-six states where anesthesia is used for a state execution. The study focuses on a number of criteria contained in many protocols that are key to applying an injection, including: the types and amounts of chemicals that are injected; the selection, training, preparation, and qualifications of the lethal injection team; the involvement of medical personnel; the presence of general witnesses and media witnesses; as well as details on how the procedure is conducted and how much of it witnesses can see. The study emphasizes that the criteria in many protocols are far too vague to assess adequately. When the protocols do offer details, such as the amount and type of chemicals that executioners inject, they oftentimes reveal striking errors and ignorance about the procedure. Suchinaccurate or missing information heightens the likelihood that a lethal injection will be botched and suggests that states are not capable of executing an inmate constitutionally. Even though executions have become increasingly hidden from the public, and therefore more politically palatable, they have not become more humane, only more difficult to monitor.

  • Document type Article
  • Countries list United States
  • Themes list Lethal Injection, Electrocution,

Document(s)

Written Statement to the 22nd Session of the Working Group on the Universal Periodic Review on Malawi

By World Coalition Against the Death Penalty / The Advocates for Human Rights, on 1 January 2014


2014

NGO report


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This submission informs on Malawi’s international human rights obligations with regard to its use of the death penalty. This report will also examine and discuss the judicial process applied in cases involving punishment by the death penalty. Reports and commentary indicate that there is a serious problem of prison conditions and access to justice for the vast majority of individuals accused of crimes for which the death penalty is a possible punishment. This report has been compiled from a combination of sources, including the Malawi Penal Code, experts, news reports, non-governmental organizations, and other commentary. Further, this report makes recommendations that steps be taken to alleviate such conditions. These steps include both reducing the maximum possible sentence from death to one that is fair, proportionate and respects international human rights standards, complete abolition of capital punishment, universal access to adequate legal representation and provision of clean, safe, and appropriate prison conditions as well as regular monitoring.

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

Document(s)

The Politics of Fear and Death: Successive Problems in Capital Federal Habeas Corpus.”

By Bryan A. Stevenson / New York University (NYU), on 1 January 2002


2002

Article

United States


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The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 was drafted, enacted, and signed in an atmosphere of anger and fear. The legislation, which includes substantial cutbacks in the federal habeas corpus remedy, was Congress’s response to the tragedy of the Oklahoma City bombing. During the congressional hearings on the bills that culminated in AEDPA, the proponents of the legislation claimed that its habeas corpus restrictions and other provisions were necessary to fight domestic terrorism. The Senate bill was approved by the House on April 18, 1996, the day before the one-year anniversary of the Oklahoma City bombing. President Bill Clinton invoked the bombing in a statement he issued at the time of the Senate’s passage of the legislation and again when he signed the legislation into law. Even at the time of the debates, some courageous legislators were willing to denounce the fallacious connection that the bill’s proponents drew between the bombing and the broader issues of the scope and availability of habeas corpus review. Many of the habeas corpus restrictions ultimately built into AEDPA had been under consideration by Congress since 1990, though none had been adopted. The congressional proponents of these restrictions seized upon the Oklahoma City tragedy as a means of accomplishing their longstanding goal to scale back federal habeas corpus review.

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

Document(s)

Responsible Business Engagement on the Death Penalty. A Practical Guide

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


2019

Working with...

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

Document(s)

The death penalty – Abolition in Europe

By Council of Europe / Peter Hodgkinson / Roger Hood / Michel Forst / Stefan Trechsel / Caroline Ravaud / Hans-Christian Kruger / Philippe Toussaint / Serguei Kovalev / Eric Prokosch / Renate Wohlwend / Roberto Toscano / Roberto Fico / Anatoly Pristavkin / Sergiy Holovatiy, on 8 September 1999


1999

Book

Czech Republic


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Europe is the first continent in which the death penalty has been almost completely abolished. The Council of Europe has been Europe’s major defender of abolition and presently requires all countries seeking membership in its ranks to place a moratorium on the death penalty. This collection of texts by major European abolitionists includes voices from countries which have enjoyed abolition for many years, as well as from those where abolition has been a struggle against public opinion. Contributors from governments, universities and NGOs add their voices to that of the Council of Europe, explaining the achievements and the ground still to be covered in attaining total abolition in Europe. An introduction by a world expert on abolition, Roger Hood and a conclusion by Russia’s leading abolitionist Sergey Kovalev makes this volume a moving testament to the battle for abolition of the death penalty, which is already so well advanced in Europe. This collection also contains a detailed explanation of Protocol No. 6 to the European Convention on Human Rights, which deals specifically with abolition of the death penalty, as well as reports on various eastern European countries which have yet to attain complete abolitionist status.

  • Document type Book
  • Countries list Czech Republic
  • Themes list Trend Towards Abolition,

Document(s)

RECOMMENDATION 1302 (1996) on the abolition of the death penalty in Europe

By Council of Europe / Parlamentary Assembly, on 1 January 1996


1996

Regional body report


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The Assembly recalls Recommendation 1246 (1994) on the abolition of capital punishment. It welcomes the decision of the Committee of Ministers of 16 January 1996 to encourage member states which have not abolished the death penalty to operate, de facto or de jure, a moratorium on the execution of death sentences.

  • Document type Regional body report
  • Themes list International law,

Document(s)

Texas Death Penalty Developments in 2019: The Year in Review

By Texas Coalition to Abolish the Death Penalty / Kristin Houlé / Grace Rudser, on 1 January 2019


2019

NGO report


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The Texas Coalition to Abolish the Death Penalty (TCADP) – a statewide advocacy organization based in Austin, Texas – publishes this annual report to inform the public and elected officials about issues associated with the death penalty over the past year. The report includes illustrative charts and graphs, and cites the death penalty developments in Texas (USA).

  • Document type NGO report
  • Themes list Death Penalty,

Document(s)

Criminological analysis on deterrent power of death penalty

By Yuanhuang Zhang / Frontiers of law in China, on 1 January 2009


2009

Article

China

zh-hant
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Death penalty is the most effective deterrence to grave crimes, which has been the key basis for the State to retain death penalty. In fact, either in legislation or in execution, death penalty can not produce the special deterrent effect as expected. With respect to this issue, people tend to conduct normative exploration from the perspective of ordinary legal principles or the principle of human rights, which is more speculative than convincing. Correct interpretation based on the existing positive analysis and differentiation based on human nature which sifts the true from the false will not only help end the simple, repetitive and meaningless arguments regarding the basis for the existence of death penalty, but also help understand the rational nature of both the elimination and the preservation of death penalty, so as to define the basic direction towards which the State should make efforts in controlling death penalty in the context of promoting social civilization.