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Document(s)
International Covenant on Civil and Political Rights
By United Nations, on 1 January 1966
1966
United Nations report
arrufrzh-hantesMore details See the document
Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
- Document type United Nations report
- Themes list International law,
- Available languages العهد الدولي الخاص بالحقوق المدنية والسياسيةМеждународный пакт о гражданских и политических правахPacte international relatif aux droits civils et politiques公民权利和政治权利国际盟约Pacto Internacional de Derechos Civiles y Políticos
Document(s)
The Clemency Process in East and Southeast Asia
on 22 March 2022
2022
NGO report
China
Clemency
Indonesia
Japan
Malaysia
Singapore
Taiwan
Thailand
Viet Nam
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In this report, we summarise the current international position on clemency and the death penalty and compare it to snapshots of the clemency processes in the following Southeast and East Asian countries: Thailand, Malaysia, Singapore, Indonesia, Vietnam, Japan, Taiwan, and China. All references to clemency in this paper are in the context of reprieve from the death penalty.
- Document type NGO report
- Countries list China / Indonesia / Japan / Malaysia / Singapore / Taiwan / Thailand / Viet Nam
- Themes list Clemency
Document(s)
The question of the death penalty: Report of the Secretary-General
By United Nations, on 1 January 2006
2006
International law - United Nations
arrufrzh-hantesMore details See the document
The present report contains information covering developments during 2006. The report indicates that the trend towards abolition of the death penalty continues. This is illustrated, inter alia, by the increase in the number of countries that have abolished the death penalty and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.
- Document type International law - United Nations
- Themes list Trend Towards Abolition,
- Available languages دام عقوبة مسألة: العام الأمينВопрос о смертной казни: Доклад Генерального секретаряQuestion de la peine de mort : Rapport du Secrétaire général死刑问题: 秘书长的报告La cuestión de la pena capital: Informe del Secretario General
Document(s)
A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago
By Douglas Mendes / Florence Seemungal / Jeffrey Fagan / Roger Hood / The Death Penalty Project, on 1 January 2009
2009
NGO report
More details See the document
As a result of legal challenges, and in line with the trend worldwide, the mandatory death penalty has now been abolished in nine Caribbean countries and a discretion to impose a lesser sentence has been given to the judges of the Eastern Caribbean, Belize, Jamaica and the Bahamas. However, in relation to Trinidad & Tobago, in the case of Charles Matthew (Matthew v The State [2005] 1 AC 433), a majority of the Judicial Committee of the Privy Council decided – notwithstanding that the mandatory death penalty was cruel and unusual punishment in violation of entrenched fundamental freedoms and human rights established in the Constitution of Trinidad & Tobago – that it remained protected from constitutional challenge by the operation of the “savings clause” in the Constitution. As a result, Trinidad & Tobago remains one of only three Commonwealth Caribbean countries (Barbados and Guyana being the other two) that still retains the mandatory death penalty.
- Document type NGO report
- Themes list Mandatory Death Penalty,
Document(s)
Anniversary tool – 20th World Day
By the World Coalition Against the Death Penalty, on 8 July 2022
2022
World Coalition
arfrMore details Download [ pdf - 1689 Ko ]
Anniversary tool for the 20th World Day Against the Death Penalty.
This tool traces 20 years of struggle for the abolition of the death penalty. Rediscover the different themes addressed and the achievements of the World Day.
- Document type World Coalition
- Available languages أداة الذكرى السنوية - اليوم العالمي العشرينOutil anniversaire - 20e Journée mondiale
Document(s)
Legislators’ Opinions on the Death Penalty in Taiwan
on 24 March 2022
2022
NGO report
Public Opinion
Taiwan
zh-hantMore details See the document
In 2021, The Death Penalty Project and the Taiwan Alliance to End the Death Penalty (TAEDP) commissioned Professor Carolyn Hoyle at the University of Oxford and Professor Shiow-duan Hawang at Soochow University, Taipei to carry out a study exploring Taiwanese legislators’ attitudes towards capital punishment.
The study reveals that the majority of Taiwan’s legislators would like to see the death penalty abolished. The risk of wrongful convictions, the abuse of human rights and a recognition that the death penalty has no unique deterrent effect, were the primary reasons cited for supporting abolition. Additionally, a majority of legislators interviewed expressed fairly low levels of trust in the Taiwanese criminal justice system, with doubts raised over its ability to offer adequate safeguards to individuals facing capital trials.
Key findings:
– 61% of legislators interviewed are in favour of abolishing the death penalty
– 39% of legislators interviewed are in favour of retaining the death penalty, but only one legislator was strongly in favour
– 71% of retentionists and 65% of abolitionists asserted that wrongful convictions ‘sometimes’ occurred
– Only 11% of legislators interviewed thought that wrongful convictions ‘rarely’ occur
– All legislators interviewed expressed a preference for social justice measures, such as poverty reduction, over increased executions when asked to rank a range of policies aimed at reducing violent crime
- Document type NGO report
- Countries list Taiwan
- Themes list Public Opinion
- Available languages 台灣立法委員對死刑 之意見調查
Document(s)
THE MOST IMPORTANT FACTS OF 2001
By HANDS OFF CAIN, on 1 January 2002
2002
NGO report
enMore details See the document
The year 2001 has confirmed the accelerated trend towards the abolition of the death penalty on course for the past ten years. In 2001 the Federal Republic of Yugoslavia became totally abolitionist, Chile abolished the death penalty for ordinary crimes, Ireland removed all references to the death penalty from its constitution, Burkina Faso joined the group of de facto abolitionists not having carried out any executions for more than ten years, and Lebanon has imposed a moratorium on executions.
- Document type NGO report
- Themes list Statistics,
- Available languages Italian : I FATTI PIÙ IMPORTANTI DEL 2001
Document(s)
SUMMARY OF THE MOST IMPORTANT FACTS OF 2002
By HANDS OFF CAIN, on 1 January 2003
2003
NGO report
enMore details See the document
The worldwide situation to date: The practice of the death penalty has drastically diminished in the past few years. Today the countries or territories that have abolished it or decline to apply it number 130. Of these: 78 are totally abolitionist; 14 are abolitionist for ordinary crimes; 2 are committed to abolition as members of the Council of Europe and in the meanwhile observe a moratorium; 6 countries are currently observing a moratorium and 30 are de facto abolitionist, not having executed any death sentences in the past ten years.
- Document type NGO report
- Themes list Statistics,
- Available languages Italian : I FATTI PIU´ IMPORTANTI DEL 2002
Document(s)
West Africa: Time to abolish the death penalty
By Amnesty International, on 1 January 2003
NGO report
frMore details See the document
This doument summarizes each of the 16 ECOWAS countries’ legislation on the death penalty, provides information on the most recent executions and convictions and notes the view currently taken by the governments concerned. Two thirds have already abolished the death penalty
- Document type NGO report
- Themes list Statistics,
- Available languages AFRIQUE DE L’OUEST : Il est temps d’abolir la peine de mort
Document(s)
Death penalty developments in 2005
By Amnesty International, on 1 January 2006
2006
NGO report
fresMore details See the document
This document covers significant events concerning the death penalty during the year 2005. Two countries abolished the death penalty for all crimes, bringing to 86 the number of totally abolitionist countries at year end. Moratoria or suspensions of executions were being observed in several countries. At least 2,148 people were executed in 22 countries, and at least 5,186 were sentenced to death in 53 countries. Eight child offenders were executed in Iran. Other sections include significant judicial decisions; the use of the death penalty against child offenders and resumptions of executions.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde : évolution en 2005LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DEL AÑO 2005
Document(s)
The death penalty in Egypt: Ten year after the uprising
By Jeed Basyouni - Reprieve, on 10 August 2021
2021
NGO report
Cruel, Inhuman and Degrading Treatment and Punishment
Death Row Conditions
Egypt
Fair Trial
More details See the document
Reprieve wrote this report about the use of the death penalty in Egypt.
- Document type NGO report
- Countries list Egypt
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions / Fair Trial
Document(s)
Death sentences and executions in 2010
By Amnesty International, on 1 January 2011
2011
NGO report
fresMore details See the document
In the last decade, more than 30 countries have abolished the death penalty in law or practice. Fifty-eight countries worldwide now retain the death penalty for ordinary crimes, and less than half of these carried out executions in 2010. This report analyzes some of the key developments in the worldwide application of the death penalty in 2010, citing figures gathered by Amnesty International on the number of death sentences handed down and executions carried out during the year.
- Document type NGO report
- Themes list Statistics,
- Available languages Condamnations à mort et exécutions et exécutions en 2010Condenas a meurte y ejecuciones en 2010
Document(s)
Death sentences and executions in 2009
By Amnesty International, on 1 January 2010
2010
NGO report
arfresMore details See the document
This document summarizes Amnesty International’s global research on the use of the death penalty in 2009. More than two-thirds of the countries of the world have abolished the death penalty in law or in practice. While 58 countries retained the death penalty in 2009, most did not use it. Eighteen countries were known to have carried out executions, killing a total of 714 people; however, this figure does not include the thousands of executions that were likely to have taken place in China, which again refused to divulge figures on its use of the death penalty. For an update to this document please see http://www.amnesty.org/en/library/info/ACT50/005/2010/en
- Document type NGO report
- Themes list Statistics,
- Available languages أحكام الإعدام وعمليات الإعدام في عام 2009CONDAMNATIONS À MORT ET EXÉCUTIONS RECENSÉES EN 2009CONDENAS A MUERTE Y EJECUCIONES 2009
Document(s)
Detailed Factsheet – World Day 2022
By the World Coalition Against the Death Penalty, on 4 July 2022
2022
World Coalition
frMore details Download [ pdf - 893 Ko ]
Detailed factsheet on torture and the death penalty, for the 20th World Day Against the Death Penalty (2022).
- Document type World Coalition
- Available languages Fiche détaillée - Journée mondiale 2022
Document(s)
From seventy-eight to zero: Why executions declined after Taiwan’s democratization
By Fort Fu-Te Liao / Punishment and Society, on 8 September 2020
2020
Article
Taiwan
More details See the document
This article examines, from a legal perspective, why executions in Taiwan declined from 78 in 1990 to zero in 2006. The inquiry focuses on three considerations: the number of laws that authorized employment of the death penalty; the code of criminal procedure; and the manner in which executions were carried out, including the manner in which amnesty was granted. The article argues that the ratification of international covenants and constitutional interpretations did not play a significant role in the decline, and that several factors that did play a role included the annulment or amendment of laws, changes in criminal procedure, establishment of and further amendments to guidelines for execution and two laws for reducing sentences. This article maintains that the absence of executions in 2006 is a unique situation that will not last because some inmates remain on death row, meaning that executions in Taiwan will continue unless the death penalty is abolished. However, the article concludes that the guarantee of the utmost human right, the right to life, can be sustained in Taiwan through the demands of democratic majority rule.
- Document type Article
- Countries list Taiwan
- Themes list Networks,
Document(s)
The Death Penalty for Drug Offences: Global Overview 2022
on 24 March 2023
2023
NGO report
China
Democratic People's Republic of Korea
Drug Offenses
Indonesia
Iran (Islamic Republic of)
Malaysia
Saudi Arabia
Singapore
Viet Nam
More details See the document
Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our twelfth on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international standards. As of December 2022, Harm Reduction International (HRI) recorded at least 285 executions for drug offences globally during the year, a 118% increase from 2021, and an 850% increase from 2020. Executions for drug offences are confirmed or assumed to have taken place in six countries: Iran, Saudi Arabia, Singapore, plus in China, North Korea and Vietnam – on which exact figures cannot be provided because of extreme opacity. Therefore, this figure is likely to reflect only a percentage of all drug-related executions worldwide. Confirmed death sentences for drug offences were also on the rise; with at least 303 people sentenced to death in 18 countries. This marks a 28% increase from 2021.
- Document type NGO report
- Countries list China / Democratic People's Republic of Korea / Indonesia / Iran (Islamic Republic of) / Malaysia / Saudi Arabia / Singapore / Viet Nam
- Themes list Drug Offenses
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
More details See the document
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)
The Death Penalty In 2018: Year End Report
By Death Penalty Information Center / Death Penalty Information Centre, on 1 January 2018
2018
NGO report
More details See the document
New death sentences and executions remained near historic lows in 2018 and a twentieth state abolished capital punishment, as public opinion polls, election results, legislative actions, and court decisions all reflected the continuing erosion of the death penalty across the country.
- Document type NGO report
- Themes list Death Penalty,
Document(s)
Triggers for the abolition of the death penalty in Africa: a Southern African perspective
By Fédération Internationale des Ligues des Droits de l'Homme (FIDH), on 1 January 2017
2017
NGO report
frMore details See the document
In Africa, more than 80% of countries have abolished the death penalty in law or in practice, with only 10 countries executing within the past decade, said FIDH and DITSHWANELO in their joint study, “Triggers for the abolition of the death penalty in Africa: a Southern African perspective”.The 36 pages study identifies the triggers leading to the abolition of the death penalty in Africa. It was released simultaneously with a documentary called #Gambia has decided which shows the current abolitionist process experienced in The Gambia.
- Document type NGO report
- Available languages Les déclencheurs de l'abolition de la peine de mort en Afrique: une perspective de l'Afrique australe
Document(s)
Getting to Death: Race and the Paths of Capital Cases after Furman
By Fagan, Jeffrey and Davies, Garth and Paternoster, Raymond, Columbia Public Law Research Paper, Forthcoming, Cornell Law Review, Vol. 107, No. 1565, 2022, on 13 January 2023
2023
Academic report
Fair Trial
United States
More details See the document
Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman. Analyzing a dataset of 2,328 first- degree murder convictions in Georgia from 1995–2004 that produced 1,317 death eligible cases, we show that two features of these cases combine to produce a small group of persons facing execution: victim race and gender, and a set of case-specific features that are often correlated with race. We also show that these features explain which cases progress from the initial stages of charging to a death sentence, and which are removed from death eligibility at each stage through plea negotiations. Consistent with decades of death penalty research, we also show the special focus of prosecution on cases where Black defendants murder white victims. The evidence in the Georgia records suggests a regime marred less by overbreadth in its statute than capriciousness and randomness in the decision to seek death and to seek it in a racially disparate manner. These two dimensions of capital case adjudication combine to sustain the twin failures that produce the fatal lottery that is the death penalty.
- Document type Academic report
- Countries list United States
- Themes list Fair Trial
Document(s)
Going backwards The death penalty in Southeast Asia
By International Federation for Human Rights (FIDH), on 1 January 2016
2016
NGO report
More details See the document
Over the past year, Southeast Asia has witnessed significant setbacks with regard to the abolitionof the death penalty. Indonesia, Malaysia, and Singapore have all carried out executions. It isunknown whether any executions were carried out in Vietnam, where statistics on the deathpenalty continue to be classified as ‘state secrets.’ In the name of combating drug trafficking,Indonesian President Joko Widodo is rapidly becoming Southeast Asia’s top executioner. ThePhilippines, which effectively abolished the death penalty for all crimes in 2006, is consideringreinstating capital punishment as part of President Rodrigo Duterte’s ill-conceived and disastrous‘war on drugs.’
- Document type NGO report
- Themes list Country/Regional profiles,
Document(s)
Living with a Death Sentence in Kenya: Prisoners’ Experiences of Crime, Punishment and Death Row
By Carolyn Hoyle and Lucrezia Rizzelli, on 24 January 2023
2023
Book
Kenya
More details See the document
The Death Penalty Project’s latest report provides a comprehensive analysis of the lives of prisoners on death row in Kenya. It focuses on prisoners’ socio-economic backgrounds and profiles, their pathways to, and motivation for, offending, as well as their experiences of the criminal justice process and of imprisonment. It complements our previous research, a two-part study of attitudes towards the death penalty in Kenya, The Death Penalty in Kenya: A Punishment that has Died Out in Practice.
While 120 countries around the world have now abolished the death penalty, including 25 in Africa, Kenya is one of 22 African nations that continues to retain the death penalty in law, albeit it has not carried out any executions for more than three decades. As such, Kenya is classified as ‘abolitionist de facto’, the United Nations term for a country that has not carried out an execution for at least 10 years. Yet, while state-sanctioned executions no longer occur, hundreds of people are currently living under sentence of death and others are convicted and sentenced to death each year. As long as the death penalty is retained in law, there remains a risk that executions might resume if there is political change. Moreover, the plight and turmoil of those languishing on death row – consistently the poorest and most vulnerable – cannot be ignored. They are disproportionately sentenced to death and suffer the harshest punishments and treatment.
- Document type Book
- Countries list Kenya
Document(s)
The Death Penalty in 2020: Year-End Report
By Death Penalty Information Center, on 1 January 2020
2020
NGO report
United States
More details See the document
2020 was abnormal in almost every way, and that was clearly the case when it came to capital punishment in the United States. The interplay of four forces shaped the U.S. death penalty landscape in 2020: the nation’s long-term trend away from capital punishment; the worst global pandemic in more than a century; nationwide protests for racial justice; and the historically aberrant conduct of the federal administration. At the end of the year, more states had abolished the death penalty or gone ten years without an execution, more counties had elected reform prosecutors who pledged never to seek the death penalty or to use it more sparingly; fewer new death sentences were imposed than in any prior year since the Supreme Court struck down U.S. death penalty laws in 1972; and despite a six-month spree of federal executions without parallel in the 20th or 21st centuries, fewer executions were carried out than in any year in nearly three decades.
- Document type NGO report
- Countries list United States
Document(s)
The Last Supper
By Julie Green, on 1 January 2013
2013
Working with...
More details See the document
The Last Supper illustrates the meal requests of U.S. death row inmates. Cobalt blue mineral paint is applied to second-hand plates, then kiln-fired by technical advisor Toni Acock. I am looking for a space to exhibit all the plates on a ten-year loan. 540 final meals, and two first meals on the outside for exonerated men, are completed to date. I plan to continue adding fifty plates a year until capital punishment is abolished.
- Document type Working with...
- Themes list Death Row Conditions,
Document(s)
The Death Penalty: A Worldwide Perspective
By Roger Hood / Oxford University Press, on 1 January 2014
2014
Book
More details See the document
The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns.
- Document type Book
- Themes list Trend Towards Abolition,
Document(s)
Infographic: the Death Penalty in the Americas
By IACHR , on 1 January 2014
Multimedia content
esMore details See the document
On the occasion of the International Day against the Death Penalty, the Inter-American Commission on Human Rights (IACHR) urges member States of the Organization of American States (OAS) that retain the death penalty to abolish it, or to impose a moratorium on its application as a step toward abolition, and to ensure full compliance with decisions of the IACHR concerning death penalty cases. While a majority of the member States of the OAS has abolished capital punishment, a substantial minority retains it. The United States is currently the only country in the Western hemisphere to carry out executions.
- Document type Multimedia content
- Themes list Death Penalty, Statistics, Country/Regional profiles,
- Available languages Infografía: la Pena de Muerte en las Américas
Document(s)
The Court is Satisfied with the Confession: Bahrain Death Sentences Follow Torture, Sham Trials
By Human Rights Watch, on 10 October 2022
2022
Article
Bahrain
arMore details See the document
In a February 2019 letter to the United Nations Office in Geneva, the government of Bahrain claimed that its courts “actually hand down very few death sentences.” In fact, since 2011, courts in Bahrain have sentenced 51 people to death, and the state has executed six since the end of a de facto moratorium on executions in 2017. As of June 2022, 26 men were on death row, and all have exhausted their appeals. Under Bahraini law, King Hamad bin Isa Al Khalifa has the power to ratify these sentences, commute them, or grant pardons.
- Document type Article
- Countries list Bahrain
- Available languages المحكمة تطمئن إلى سلامة الاعتراف : أحكام الإعدام في البحرين إثر التعذيب والمحاكمات الصُوَرية
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)
Executions, Deterrence and Homicide: A Tale of Two Cities
By David T. Johnson / Jeffrey Fagan / Franklin Zimring / Columbia School of Law, on 1 January 2009
2009
Article
China
More details See the document
We compare homicide rates in two quite similar cities with vastly different execution risks. Singapore had an execution rate close to 1 per million per year until an explosive twentyfold increase in 1994-95 and 1996-97 to a level that we show was probably the highest in the world. Hong Kong,has no executions all during the last generation and abolished capital punishment in 1993. Homicide levels and trends are remarkably similar in these two cities over the 35 years after 1973. By comparing two closely matched places with huge contrasts in actual execution but no differences in homicide trends, we have generated a unique test of the exuberant claims of deterrence that have been produced over the past decade in the U.S.
- Document type Article
- Countries list China
- Themes list Deterrence ,
Document(s)
Framing Death Penalty Politics in Malaysia
By Thaatchaayini Kananatu, on 1 September 2022
2022
Academic report
Malaysia
More details See the document
The death penalty in Malaysia is a British colonial legacy that has undergone significant scrutiny in recent times. While the Malaysian Federal Constitution 1957 provides that ‘no person shall be deprived of his life or personal liberty save in accordance with law’, there are several criminal offences (including drug-related crimes) that impose the mandatory and discretionary death penalty. Using Benford and Snow’s framing processes, this paper reviews death penalty politics in Malaysia by analysing the rhetoric of abolitionists and retentionists. The abolitionists, comprising activist lawyers and non-government organisations, tend to use ‘human rights’ and ‘injustice’ frames, which humanise the ‘criminal’ and gain international support. The retentionists, such as victims’ families, use a ‘victims’ justice’ frame emphasising the ‘inhuman’ nature of violent crimes. In addition, the retentionist state shifts between ‘national security’ and ‘national development’ frames. This paper finds that death penalty politics in Malaysia is predominantly a politics of framing.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list Malaysia
Document(s)
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
More details See the document
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)
Peculiar Institution: America’s Death Penalty in an Age of Abolition
By David Garland / Belknap Press of Harvard University Press, on 8 September 2020
2020
Book
United States
More details See the document
This book offers a fresh perspective on why the death penalty endures in the United States when so many other countries in the Western world have already abolished it. The book seeks to understand the persistence of the death penalty in the U.S. as a social fact, using sociological, historical and legal analyses to explain the unique and peculiar manner in which the death penalty is applied. Garland concludes that the death penalty has survived in the United States because it is deeply connected to the fundamentally American institutions of local autonomy and popular democracy.
- Document type Book
- Countries list United States
- Themes list Networks,
Document(s)
‘Upholding the Cause of Civilization’: The Australian Death Penalty in War and Colonialism
By Mark Finnane, on 1 September 2022
2022
Academic report
Australia
More details See the document
The abolition of the death penalty in Queensland in 1922 was the first in Australian jurisdictions, and the first in the British Empire. However, the legacy of the Queensland death penalty lingered in Australian colonial territories. This article considers a variety of practices in which the death penalty was addressed by Australian decision-makers during the first half of the 20th century. These include the exemption of Australian soldiers from execution in World War I, use of the death penalty in colonial Papua and the Mandate Territory of New Guinea, hanging as a weapon of war in the colonial territories, and the retrieval of the death penalty for the punishment of war crimes. In these histories, we see not only that the Queensland death penalty lived on in other contexts but also that ideological and political preferences for abolition remained vulnerable to the sway of other historical forces of war and security.
This article was first pubished in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Academic report
- Countries list Australia
Document(s)
Anti–Death Penalty Advocacy: A Lawyer’s View from Australia
By Julian McMahon SC, on 1 September 2022
Article
Australia
More details See the document
This article reviews the executions of Australians in the region and the Australian responses over the past two decades. Informed by the author’s legal defence role in death penalty cases in Singapore and Indonesia and other countries, the article explores developments in anti–death penalty advocacy since 2015: the parliamentary enquiry, the ‘whole of government’ strategy led by the Department of Foreign Affairs and Trade and the efforts made by Australia and Australians in Asia.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Article
- Countries list Australia
Document(s)
The Contradictions of American Capital Punishment
By Franklin E. Zimring / Oxford University Press, on 1 January 2003
2003
Book
United States
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Why does the United States continue to employ the death penalty when fifty other developed democracies have abolished it? Why does capital punishment become more problematic each year? How can the death penalty conflict be resolved?In The Contradictions of American Capital Punishment, Frank Zimring reveals that the seemingly insoluble turmoil surrounding the death penalty reflects a deep and long-standing division in American values, a division that he predicts will soon bring about the end of capital punishment in our country. On the one hand, execution would seem to violate our nation’s highest legal principles of fairness and due process. It sets us increasingly apart from our allies and indeed is regarded by European nations as a barbaric and particularly egregious form of American exceptionalism. On the other hand, the death penalty represents a deeply held American belief in violent social justice that sees the hangman as an agent of local control and safeguard of community values.
- Document type Book
- Countries list United States
- Themes list Networks,
Document(s)
Adieu to Electrocution
By Deborah W. Denno / Ohio Northern University Law Review, on 1 January 2000
2000
Article
United States
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Much has been written about why electrocution has persisted so stubbornly over the course of the twentieth century. This Article focuses briefly on more recent developments concerning why electrocution should be abolished entirely. Part I of this Article describes the facts and circumstances surrounding Bryan as well as Bryan’s unusual world-wide notice due to the gruesome photos of the executed Allen Lee Davis posted on the Internet. Part II focuses on the sociological and legal history of electrocution, most particularly the inappropriate precedential impact of In re Kemmler. In Kemmler, the Court found the Eighth Amendment inapplicable to the states and deferred to the New York legislature’s determination that electrocution was not cruel and unusual. Regardless, Kemmler has been cited repeatedly as Eighth Amendment support for electrocution despite Kemmler’s lack of modern scientific and legal validity.
- Document type Article
- Countries list United States
- Themes list Electrocution,
Document(s)
Tunisia – Committee Against Torture (LOIPR) – Death Penalty – June 2022
on 21 July 2022
2022
NGO report
World Coalition
Cruel, Inhuman and Degrading Treatment and Punishment
Tunisia
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Tunisia carried out its last execution in 1991, over 30 years ago. Despite this de facto moratorium on executions, Tunisian courts continue to sentence people to death. Courts sentence people to death every year for a variety of crimes, especially terrorism. The current administration is undoing many of the positive changes to the Tunisian judicial system brought about by the 2011 revolution, and public opinion is divided over whether to move forward with abolition, maintain the status quo, or even resume executions, a course of action that some politicians and officials within the government support. Tunisia continues to support the UN resolutions aiming to establish a global moratorium on executions but has refused to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.
This report recommends that Tunisia maintain its commitment to the UN moratorium and move to ratify the Second Optional Protocol, while also working to restore the independence of its judiciary and reducing the total number of crimes punishable by death in the short term. In the long-term Tunisia should completely and unconditionally abolish the death penalty.
- Document type NGO report / World Coalition
- Countries list Tunisia
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment
Document(s)
The death penalty wordwide: developments in 2004
By Amnesty International, on 1 January 2005
2005
NGO report
fresMore details See the document
This document covers significant events concerning the death penalty during the year 2004. Five countries abolished the death penalty for all crimes, bringing to 84 the number of totally abolitionist countries at year end. Scores of death sentences were commuted in Malawi and Zambia, and moratoria or suspensions of executions were being observed in several other countries. Other subjects covered in this document include significant judicial decisions; the use of the death penalty against the innocent; resumptions of executions; and campaigning activities to promote abolition.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde: évolution en 2004La pena de muerte en el mundo: noticias del año 2004