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Document(s)
Experimenting with Death: An Examination of Colorado’s Use of the Three-Judge Panel in Capital Sentencing
By Lutz, Robin / University of Colorado Law Review, on 1 January 2002
2002
Article
United States
More details See the document
Mr. Page committed an atrocious crime. He did not know his victim, Peyton Tuthill, a young woman who had recently graduated from college and moved to Denver. But he was in her house, looking for money and items to sell, when she returned from a job interview. Instead of leaving her home, Mr. Page stayed to beat Peyton Tuthill, tie her up, stab her, slit her throat, rape her repeatedly, and eventually, kill her. Clearly, Ms. Tuthill did not deserve to die such a tortured death. Clearly, her death resulted from an egregious crime. However, the answer to the question of whether Mr. Page should be executed for committing this murder is not as clear. Some would answer affirmatively, others negatively. An important question is: who should decide?
- Document type Article
- Countries list United States
- Themes list Networks,
Document(s)
Capital Punishment in the Philippines
By Arlie Tagayuna / Southeast Asian Studies, on 1 January 2004
2004
Article
Philippines
More details See the document
While an examination of the social and political currents of each country would perhaps be the best way to answer the question “Why is there strong support for capital punishment in Southeast Asia?”, this paper will begin this effort by looking specifically at the Philippines, a society that has received more exposure to democratic tenets and human rights advocacy than other Southeast Asian countries (Blitz, 2000).
- Document type Article
- Countries list Philippines
- Themes list Public opinion,
Document(s)
A/HRC/54/53: Human rights challenges in addressing and countering all aspects of the world drug problem – Report of the Office of the United Nations High Commissioner for Human Rights
By United Nations , on 15 August 2023
2023
Academic report
United Nations report
Drug Offenses
aresfrruzh-hantMore details See the document
The present report outlines human rights challenges in addressing and countering key
aspects of the world drug problem. It also offers an overview of recent positive developments
to shift towards more human rights-centred drug policies, and provides recommendations on
the way forward in view of the upcoming midterm review of the 2019 Ministerial Declaration
and to contribute to the implementation of the 2030 Agenda for Sustainable Development.
- Document type Academic report / United Nations report
- Themes list Drug Offenses
- Available languages التحديات الناشئئئنة لت التصئئئد لمخئئئ لة المخدرات العالمية بجميع جوان ا ومواج ت ا في التمتع بحقوق اإلنسان تقرير مفوضية األمم المتحدة السامية لحقوق اإلنسان*A/HRC/54/53: Desafíos en materia de derechos humanos a la hora de abordar y contrarrestar todos los aspectos del problema mundial de las drogas - Informe de la Oficina del Alto Comisionado de las Naciones Unidas para los Derechos HumanosA/HRC/54/53 : Enjeux en matière de droits de l’homme de la mobilisation et de la lutte contre le problème mondial de la drogue sous tous ses aspects - Rapport du Haut-Commissariat des Nations Unies aux droits de l’hommeПроблемы в области прав человека при решении мировой проблемы наркотиков во всех ее аспектах и борьбе с нею Доклад Управления Верховного комиссара Организации Объединенных Наций по правам человекаA/HRC/54/53:全方位处理和应对世界毒品问题方面的人权挑战 - 联合国人权事务高级专员办事处的报告
Document(s)
Sentenced to Death: A Report on Washington Supreme Court Rulings In Capital Cases
By American Civil Liberties Union / Washington, on 1 January 2001
2001
NGO report
More details See the document
The ACLU conducted an analysis of court rulings in the 25 Washington cases in which the death sentence has been imposed since 1981, when the current death penalty statute took effect. That analysis of almost two decades of death sentences and executions makes it clear that the system by which we impose and review death sentences in Washington is fundamentally flawed.
- Document type NGO report
- Themes list Networks,
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)
A Perverse and Ominous Enterprise: The Death Penalty and Illegal Executions in Saudi Arabia
By Helena Kennedy, on 1 January 2019
2019
International law - Regional body
More details See the document
The evidence reviewed demonstrates frequent and heavy-handed recourse to the death penalty by Saudi Arabia in recent months. At least 149 people were executed in 2018, with at minimum 46 remaining on death row at the end of the year. A significant proportion of those executed were political dissidents, and a number were children at the time of their alleged offending. Each of these features connotes a grave violation of international human rights norms.
- Document type International law - Regional body
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
ruMore 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 type NGO report
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment, Death Row Phenomenon, Country/Regional profiles,
- Available languages Отмена смертной казни и ее альтернативы в странах Восточной Европы: Беларуси, России, Украине
Document(s)
REPORT AND RECOMMENDATIONS ON THE ADMINISTRATION OF THE DEATH PENALTY IN CALIFORNIA
By CALIFORNIA COMMISSION ON THE FAIR ADMINISTRATION OF JUSTICE, on 1 January 2008
2008
Government body report
More details See the document
This report is divided into three parts. In Part A, the Commission identifies flaws in California’s death penalty system that render it dysfunctional, and remedies we unanimously recommend to repair it. Repairing the system would enable California to achieve the national average of a twelve year delay between pronouncement of sentence and the completion of all judicial review of the sentence. In Part B, the Commission offers the Legislature, the Governor, and the voters of California information regarding alternatives available to California’s present death penalty law. The Commission makes no recommendation regarding these alternatives. In Part C, the Commission presents recommendations relating to miscellaneous aspects of the administration of California’s death penalty law. We were not able to reach unanimous agreement upon all of these recommendations, and dissents are noted where applicable. Commissioner Jerry Brown, Attorney General of California, agrees in principle with some of the Commission’s recommendations as set forth in his separate statement. Commissioner William Bratton, Chief of Police for the City of Los Angeles, abstains from the specific recommendations in this Report, and will issue a separate explanatory statement.
- Document type Government body report
- Themes list Networks,
Document(s)
Myths and Facts about the Death Penalty
By Death Penalty Focus, on 1 January 2009
2009
Arguments against the death penalty
esMore details See the document
8 Myths about the death penalty are explored in this text: 1. the death penalty is needed to keep society safe, 2. the death penalty is applied fairly, 3. the death penalty is used worldwide, 4. the death penalty deters crime, 5. execution is cheaper than permanent imprisonment, 6. the death penalty offers justice to victims’ families, 7. only the truly guilty get the death penalty, 8. religious teachings support the death penalty.
- Document type Arguments against the death penalty
- Themes list Networks,
- Available languages Mitos y Realidades de la Pena de Muerte
Document(s)
ULUSLARARASI AF ÖRGÜTÜ KÜRESEL RAPORU ÖLÜM CEZALARI VE İNFAZLAR 2022
By ULUSLARARASI AF ÖRGÜTÜ, on 16 May 2023
2023
NGO report
More details See the document
Bu rapor, Ocak-Aralık 2022 dönemi için ölüm cezasının adli kullanımını kapsamaktadır. Uluslararası Af Örgütü yalnızca infazlar, ölüm cezaları ve ölüm cezasının kullanımına ilişkin diğer hususlar (cezanın hafifletilmesi ve beraat gibi) hakkında makul teyitlerin olduğu durumlarda raporlama yapmaktadır. Birçok ülkede hükümetler ölüm cezasının kullanımına ilişkin bilgi yayınlamamaktadır.
- Document type NGO report
Document(s)
Malaysia: On Death Row
By Al Jazeera, on 1 January 2019
2019
Multimedia content
Malaysia
More details See the document
In Malaysian jails, more than 1,200 prisoners are on death row. For them, news that the government was planning to abolish the death penalty provided a much-needed glimmer of hope. But many Malaysians want to keep the law as it is, saying capital punishment deters criminals and helps keep citizens safe. Families of murder victims say the only way to get justice for their loved ones is by hanging the perpetrators. 101 East meets the people on either side of this emotional life-and-death debate and investigates if Malaysia is ready to abolish the death penalty.
- Document type Multimedia content
- Countries list Malaysia
- Themes list Moratorium , Murder Victims' Families, Death Row Phenomenon,
Document(s)
Carrying out executions took a secret toll on workers — then changed their politics
By Chiara Eisner, on 16 November 2022
2022
Article
United States
More details See the document
Most of the workers NPR interviewed reported suffering serious mental and physical repercussions. But only one person said they received any psychological support from the government to help them cope. The experience was enough to shift many of their perspectives on capital punishment. No one who NPR spoke with whose work required them to witness executions in Virginia, Nevada, Florida, California, Ohio, South Carolina, Arizona, Nebraska, Texas, Alabama, Oregon, South Dakota or Indiana expressed support for the death penalty afterward, NPR found.
- Document type Article
- Countries list United States
Document(s)
Somebody’s Child: Amid the Lingering Trauma of Trump’s Executions, a New Project Brings Families to Federal Death Row
By The Intercept, on 15 February 2024
2024
Article
United States
More details See the document
Published on February 11, 2024.
In 2002, Ra’id was arrested alongside several other suspects following a botched bank robbery that left two people dead and another paralyzed. His co-defendants pointed to him as the mastermind, which Ra’id adamantly denied. “I did not take part in that atrocity,” he told the court following his trial. “I did not shoot and kill anyone.”
Newson attended his father’s sentencing hearing, along with his mother, Jeannie Gipson-Newson. A death sentence would be “devastating to my child,” she remembered testifying. But it felt futile. The jurors seemed to have made up their minds. In 2004, Ra’id was sentenced to die.
- Document type Article
- Countries list United States
Document(s)
The death penalty and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment
on 21 August 2021
2021
NGO report
World Coalition
Cruel, Inhuman and Degrading Treatment and Punishment
frMore details See the document
The signatory organizations are convinced that the death penalty is incompatible with the prohibition of torture and cruel, inhuman or degrading treatment or punishment, which is a peremptory norm of international law (jus cogens) and should thus be abolished. The death penalty is only tolerated by international law and standards to the extent that it may only be imposed for the most serious crimes and applied in a way that causes the least possible suffering. However, the signatory organizations believe that from the sentencing to the execution, the death penalty inevitably causes physical harm and psychological suffering amounting to torture or ill-treatments.
The present position paper documents the extent to which international and regional organisation have already recognised a violation of the absolution prohibitionof torture in the application and imposition of the death penalty.
- Document type NGO report / World Coalition
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment
- Available languages La peine de mort et l'interdiction de la torture et des peines ou traitements cruels, inhumains ou dégradants
Document(s)
DPIC Special Report: The Innocence Epidemic
By Death Penalty Information Center, on 20 July 2022
2022
NGO report
Innocence
United States
More details See the document
A Death Penalty Information Center Analysis of 185 Death-Row Exonerations Shows Most Wrongful Convictions Are Not Merely Accidental.
- Document type NGO report
- Countries list United States
- Themes list Innocence
Document(s)
European Court for Human Rights cases involving the death penalty
By European Court for Human Rights Press Unit, on 24 June 2022
2022
International law - Regional body
Regional body report
Cruel, Inhuman and Degrading Treatment and Punishment
Death Row Conditions
Fair Trial
More details See the document
“[T]he [European Court of Human Rights] in Öcalan did not exclude that Article 2 [of the European Convention on Human Rights, protecting the right to life,] had already been amended so as to remove the exception permitting the death penalty. Moreover, … the position has evolved since then. All but two of the Member States have now signed Protocol No. 13 [to the Convention, concerning the abolishment of the death penalty in all circumstances,] and all but three of the States which have signed have ratified it. These figures, together with consistent State practice in observing the moratorium on capital punishment, are strongly indicative that Article 2 has been amended so as to prohibit the death penalty in all circumstances. Against this background, the Court does not consider that the wording of the second sentence of Article 2 § 1 continues to act as a bar to its interpreting the words ‘inhuman or degrading treatment or punishment’ in Article 3 [of the Convention, prohibiting torture and inhuman or degrading treatment,] as including the death penalty …” (Al-Saadoon and Mufdhi v. the United Kingdom judgment of 2 March 2010, § 120).
- Document type International law - Regional body / Regional body report
- Themes list Cruel, Inhuman and Degrading Treatment and Punishment / Death Row Conditions / Fair Trial
Document(s)
Death penalty – Beyond abolition
By Council of Europe / Hugo Adam Bedau / Peter Hodgkinson / Roger Hood / Robert Badinter / Michel Forst / Anne Ferrazzini / Eric Prokosch / H.C Krüger / C. Ravaud / Sir Nigel Rodley / Renate Wohlwend / Yoshihiro Yasuda / Anatoly Pristavkin, on 8 September 2020
2020
Book
France
frMore details See the document
Europe is today the only region in the world where the death penalty has been almost completely abolished. In the Council of Europe’s 45 member states, including the European Union’s 15 member states and its 13 candidate countries, capital punishment is no longer applied. The Council of Europe played a pioneering role in the battle for abolition, believing that the death penalty has no place in democratic societies under any circumstances. This determination to eradicate the death penalty was reflected in Protocol No.6 to the European Convention on Human Rights, on the abolition of the death penalty in peacetime, which was adopted in April 1983, then in Protocol No.13 on the abolition of the death penalty in all circumstances, adopted in May 2002.Introduced by Roger Hood, an international expert on death penalty legislation, this book reviews the long and sometimes tortuous path to abolition in Europe. It also addresses the tangible problems which countries face once the death penalty has been abolished, and related issues: the situation of murder victims’ families and alternatives to capital punishment, particularly the choice of a substitute sentence.The Council of Europe’s campaign for abolition is currently being pursued beyond Europe’s borders, in those states which have Observer status with the organisation, particularly the United States and Japan: the situation in these countries is discussed here.This publication will be of interest to all those who feel concerned by this issue, particularly members of NGOs, lawyers, officials in departments dealing with legal and criminal affairs, and human rights campaigners.
- Document type Book
- Countries list France
- Available languages Peine de mort - Après l'abolition
Document(s)
Leaflet Lobbying
By World Coalition against the death penalty , on 10 October 2007
2007
Campaigning
Trend Towards Abolition
frMore details See the document
Leaflet Lobbying
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Brochure Lobbying 2007
Document(s)
The death penalty worldwide developments in 2007
By Amnesty International, on 1 January 2008
2008
NGO report
fresarMore details See the document
In 2007 the world continued to move closer to the universal abolition of the capital punishment. A historical landmark is the resolution on a moratorium on executions endorsed by the United Nations. By the end of the 2007, 91 countries have abolished the death penalty for all crimes. The death penalty has now been abolished in law or practice by 135 countries. Other subjects covered in this report include commutations, judicial reviews, use against child offenders; and extradition.
- Document type NGO report
- Themes list Statistics,
- Available languages La peine de mort dans le monde : évolution en 2007LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DEL AÑO 2007تطورات عقوبة العدام على النطاق العالمي في 2007
Document(s)
Detailed Factsheet 2010
By World Coalition against the death penalty , on 10 October 2010
2010
Campaigning
Trend Towards Abolition
frMore details Download [ pdf - 479 Ko ]
Detailed Factsheet 2010
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Fiche détaillée 2010
Document(s)
The Death Penalty Worldwide – Developments in 2006 (With amendments)
By Amnesty International, on 8 September 2020
2020
NGO report
arfresMore details See the document
The world continued to move closer to the universal abolition of capital punishment during 2006. By the end of the year 88 countries had abolished the death penalty for all crimes. The death penalty has now been abolished in law or practice by 128 countries. Other subjects covered in this document include significant judicial decisions; the use of the death penalty against child offenders; resumptions of executions; and campaigning activities to promote abolition.
- Document type NGO report
- Themes list Statistics,
- Available languages التطورات المتعلقة بعقوبة العدام في شتى أنحاء العالم في العام ٢٠٠٦La peine de mort dans le monde : évolution en 2006LA PENA DE MUERTE EN EL MUNDO: NOTICIAS DEL AÑO 2006
Document(s)
THE MOST IMPORTANT FACTS OF 2003
By HANDS OFF CAIN, on 1 January 2004
2004
NGO report
enMore details See the document
The worldwide situation to date: The worldwide situation concerning the death penalty has once again registered a trend towards abolition in the past year. The countries or territories that to different extents have decided to give up the practice of capital punishment total 133, including the first months of 2004. Of these 81 have abolished the death penalty completely; 14 have abolished it for ordinary crimes; 1, Russia, as a member of the Council of Europe is committed to abolish it and in the meanwhile apply a moratorium on executions; 5 are observing moratoriums and 32 countries are de facto abolitionist, not having carried out executions for at least 10 years.
- Document type NGO report
- Themes list Statistics,
- Available languages Italian : I FATTI PIU´ IMPORTANTI DEL 2003 (e dei primi mesi del 2004)
Document(s)
The war on drugs, forensic science and the death penalty in the Philippines
By Maria Corazon A.De Ungria and Jose M.Jose, on 10 August 2021
2021
Academic report
Drug Offenses
Philippines
More details See the document
The effectiveness of the death penalty to deter heinous crimes remains a contentious issue even though it has been abolished in many countries. Three years into President Rodrigo Duterte’s administration, the push to re-impose the death penalty is being taken seriously.
There is urgency in providing options to the drug problem other than killing drug suspects in the streets or sentencing them to death. The drug problem is a complex issue and exposes the human vulnerability of its users for criminal exploitation.
We propose here that addressing these vulnerabilities in a balanced and comprehensive manner through health-focused, rights-based criminal justice responses, conducting forensic science-based drug investigations and determining the social causes of drug abuse is an alternative solution that demands cooperation across different sectors of society as well as underscores the fundamental value of human life.
- Document type Academic report
- Countries list Philippines
- Themes list Drug Offenses
Document(s)
Detailed Factsheet
By World coalition against the death penalty , on 10 October 2011
2011
Campaigning
Trend Towards Abolition
frMore details Download [ pdf - 201 Ko ]
Detailed Factsheet 2019
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Fiche détaillée 2011
Document(s)
The Death Penalty Is Dead Wrong: Jus Cogens Norms and the Evolving Standard of Decency
By Geoffrey Sawyer / Penn State International Law Review, on 1 January 2004
2004
Article
Nigeria
More details See the document
The conviction of Amina Lawal in Nigeria for committing adultery and sentence of death by stoning created an international outcry of support to overturn her sentence. The support she received is a reflection of the outrage many around the world feel toward this particular method of execution, and in a larger context the growing social norm that the death penalty should be abolished. As more of the world looks upon the death penalty as unfair, or cruel and unusual, or as torture, arguably, a jus cogens norm prohibiting the death penalty has developed in international law, and will ultimately be the vehicle by which the death penalty will be abolished worldwide. Part I of this comment will detail the plight of Amina Lawal, and how her situation is indicative of the globalization of human rights norms. In Part II, this comment will examine the meaning of a jus cogens norm and how it can be established in the context of capital punishment. Using human rights treaties, the law and practice of other nations, and international tribunal decisions, Part III will assert, citing other contexts, such as the “right to life,” and the already entrenched jus cogens norm prohibiting torture, that a jus cogens norm abolishing the death penalty has arguably already been established. Finally, Part IV will assess what the effect of the establishment of a jus cogens norm prohibiting capital punishment.
- Document type Article
- Countries list Nigeria
- Themes list Stoning,
Document(s)
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)
Anything But Humane
By Amnesty International - USA, on 8 September 2020
2020
Arguments against the death penalty
More details See the document
A fact sheet on the lethal injection in the United States. This page details the process of lethal injection with statements of US health professional associations on participation in execution.
- Document type Arguments against the death penalty
- Themes list Lethal Injection,
Document(s)
Key legal Instruments and texts adopted on Abolition of the death penalty by the Council of Europe
By Council of Europe, on 24 January 2023
2023
Regional body report
Trend Towards Abolition
frMore details See the document
All the Council of Europe documents related to abolition of the death penalty gathered in one page : decisions of the Committee of Ministers, resolutions of the Parliamentary Assembly, Treaties…
- Document type Regional body report
- Themes list Trend Towards Abolition
- Available languages Instruments juridiques clés et textes adoptés sur l'abolition de la peine de mort par le Conseil de l'Europe
Document(s)
Singapore’s death penalty for drug trafficking: What the research says and doesn’t
By Academia SG - Promoting Scorlorahsip Of/For/By Singapore, on 24 January 2024
2024
Academic report
Drug Offenses
Singapore
More details See the document
Published on October 7, 2023.
Of all retentionist countries, Singapore seems to be the most vocal about the need to execute individuals as a form of criminal punishment. MAI SATO (Monash University) reviews studies conducted or commissioned by Singapore’s Ministry of Home Affairs that claim public backing for and the effectiveness of the death penalty in managing drug trafficking. Sato finds that these studies provide far weaker evidence for using the death penalty for drug trafficking than their authors and officials citing them claim.
- Document type Academic report
- Countries list Singapore
- Themes list Drug Offenses
Document(s)
Death Penalty for Female Offenders
By Victor Streib / Ohio Northern University, on 1 January 2009
2009
Article
United States
More details See the document
The data herein are updated as often and as quickly as possible, with the last date of entry noted on the cover page. However, given the difficulty of gathering complete information from all jurisdictions and as soon as cases develop, these reports may under-report the number of female offenders under death sentences. The subjects of these reports are female offenders sentenced to death. They are not all referred to as women, since some were as young as age fifteen at the time of their crimes. However, no such very young female offenders are currently under death sentences. —- See bottom left hand corner of web page.
- Document type Article
- Countries list United States
- Themes list Women,
Document(s)
The Mercy Workers, Death Penalty Mitigation Specialists
By Maurice Chammah, The Marshall Project, on 2 March 2023
2023
Article
Legal Representation
United States
More details See the document
For three decades, a little-known group of “mitigation specialists” has helped save death-penalty defendants in the USA by documenting their childhood traumas. A rare look inside one case.
- Document type Article
- Countries list United States
- Themes list Legal Representation
Document(s)
Initiatives World Day 2006
By World Coalition against the death penalty , on 10 October 2006
2006
Campaigning
Trend Towards Abolition
frMore details See the document
Initiatives World Day 2006
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Initiatives journée mondiale 2006
Document(s)
Capital Punishment in Pennsylvania: The Report of the Task Force and Advisory Committee
By Joint State Government Commission, on 1 January 2018
2018
Government body report
More details See the document
Senate Resolution No.6 in 2011 called for a study of the contemporary capital punishment system in the Commonwealth. Pennsylvania is among the 31 states and the federal government that authorize capital punishment. During the last four decades in Pennsylvania, hundreds of murderers have been convicted and condemned to death; however, there have been only three executions.This study follows others on the same or related topics, including those conducted by the American Bar Association and the Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System. The SR6 report is the culmination of work done by the Justice Center for Research at The Pennsylvania State University, the Interbranch Commission on Gender, Racial and Ethnic Fairness, and an advisory committee comprised of judges, public defenders, district attorneys, victim advocates, inmate advocates, clergy, law enforcement officials, and other expert stakeholders.
- Document type Government body report
- Themes list Death Penalty, Statistics,
Document(s)
Viêt Namese : Khả năng của Việt Nam gia nhập Nghị định thư tùy chọn thứ hai về bãi bỏ hình phạt tử hình theo Công ước quốc tế về các quyền dân sự và chính trị (ICCPR)
By European Union / United Nations Development Programme / Nguyen Thi Thanh Hai / Nguyen Van Hoan / Nguyen Minh Khue, on 8 September 2020
2020
NGO report
Viet Nam
enMore details See the document
Nghiên cứu này nhằm đánh giá khả năng Việt Nam phê chuẩn Nghị định thư không bắt buộc thứ hai đối với Công ước quốc tế về các quyền dân sự và chính trị (ICCPR) nhằm xóa bỏ án tử hình. Nó phân tích: (a) khung pháp lý quốc tế hiện hành và quá trình phát triển pháp lý để xóa bỏ án tử hình ở các quốc gia được chọn, (b) sự tương thích giữa các quy định hiện hành về án tử hình trong hệ thống pháp luật Việt Nam và Nghị định thư tùy chọn thứ hai của ICCPR và (c) đánh giá tính khả thi để bãi bỏ án tử hình ở Việt Nam.
- Document type NGO report
- Countries list Viet Nam
- Themes list International law, Country/Regional profiles,
- Available languages On the possibility of Viet Nam ratifying the Second Optional Protocol to the ICCPR aiming at the Abolition of the Death Penalty
Document(s)
The Death Penalty in the Arab World 2011
By Alejandro Tagarro Cervantes / Amman Center for Human Rights Studies, on 1 January 2011
2011
NGO report
More details See the document
This annual report drafted by ACHRS aims to proportionate an analytical studio of the situation of the death penalty and capital punishment in the Arab World in 2011, and includes detailed information about the 21 countries which constitute the Arab World. It also contains tables and a conclusive reflection on the current state of capital punishment.
- Document type NGO report
- Themes list Country/Regional profiles,
Document(s)
On the possibility of Viet Nam ratifying the Second Optional Protocol to the ICCPR aiming at the Abolition of the Death Penalty
By European Union / United Nations Development Programme / Nguyen Thi Thanh Hai / Nguyen Van Hoan / Nguyen Minh Khue, on 1 January 2019
2019
International law - United Nations
enMore details See the document
This study aims to assess the possibility of Viet Nam ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) aiming at the abolition of the death penalty. It analyzes: (a) the current international legal framework and the process of legal development to abolish the death penalty in selected countries, (b) the compatibility between the existing regulations on the death penalty in the Vietnamese legal system and the Second Optional Protocol of the ICCPR, and (c) the assessment of feasibility for abolition of the death penalty in Viet Nam.
- Document type International law - United Nations
- Themes list International law, Country/Regional profiles,
- Available languages Viêt Namese : Khả năng của Việt Nam gia nhập Nghị định thư tùy chọn thứ hai về bãi bỏ hình phạt tử hình theo Công ước quốc tế về các quyền dân sự và chính trị (ICCPR)
Document(s)
Japanese : 死刑囚の子ども達の 未来に向けて
By Oliver Robertson / Quaker United Nations Office, on 8 September 2020
2020
NGO report
enarfafresMore details See the document
本レポートは,初めに死刑囚の子どもについての基本的情報,すなわち,親が刑事司法制度において裁かれるに全過程を通じて現れる諸問題を提示する。次に,一般的な受刑者の子どもが直面する問題点との類似性を踏まえつつ,死刑囚の子どものケースは異なるものであることに焦点を当てる。世界における受刑者の子どもが置かれた状況の詳細については, 勧告や望ましい実践例も含め,QUNO発刊のCollat-eralConvicts (2012) を参照していただきたい。第三に,死刑囚の子どもだけが体験する根本的に特有な問題点を検討する。本レポートは,限られた数の勧告のみを掲示している。これは,網羅的であることを意図するのではなく,前向きな展開が明確な分野の勧告のみを取り上げたためである。
- Document type NGO report
- Available languages Lightening the Load of the Parental Death Penalty on Childrenتخفيف العبء عن الأطفال المحكوم آباؤهم أو أمهاتهم بالإعدامکاهش بار مجازات اعدام پدر یا مادر برای فرزندانAlléger le fardeau de la condamnation à mort d’un parent sur les enfantsCómo aliviar la carga que supone para los menores la condena a muerte de un(a) progenitor(a)
Document(s)
The importance of raising awareness among ambassadors to the African Union on the draft African Protocol on abolition of the death penalty
By FIACAT / Xavière Prugnard, on 1 January 2019
2019
Multimedia content
frMore details See the document
FIACAT press release about the awareness raising workshop for permanent representatives to the African Union.
- Document type Multimedia content
- Themes list International law, Trend Towards Abolition, World Coalition Against the Death Penalty,
- Available languages L'importance de la sensibilisation des ambassadeurs auprès de l'Union africaine sur le projet de Protocol africain sur l'abolition de la peine de mort
Document(s)
Lightening the Load of the Parental Death Penalty on Children
By Oliver Robertson / Quaker United Nations Office, on 1 January 2013
2013
NGO report
enarfafresMore details See the document
This paper begins by providing some basic information about children of parents sentenced to death, issues that persist through the whole of a parent’sinteraction with the criminal justice system. Next, it looks at issues that aresimilar to those faced by other children of prisoners, but focuses on the ways inwhich children of parents sentenced to death are different. For a more detailedaccount of the situation of children of prisoners worldwide, including recommendations and examples of good practice, read QUNO’s 2012 paperCollateral Convicts. Thirdly, the fundamentally different issues are considered, thoseonly children of parents sentenced to death experience. There are a limitednumber of recommendations included throughout: these are not intended to becomprehensive, instead only covering those areas where there is already clarity about a positive way forward.
- Document type NGO report
- Themes list Murder Victims' Families,
- Available languages Japanese : 死刑囚の子ども達の 未来に向けてتخفيف العبء عن الأطفال المحكوم آباؤهم أو أمهاتهم بالإعدامکاهش بار مجازات اعدام پدر یا مادر برای فرزندانAlléger le fardeau de la condamnation à mort d’un parent sur les enfantsCómo aliviar la carga que supone para los menores la condena a muerte de un(a) progenitor(a)
Document(s)
Gender Matters: Women on Death Row in the United States
By Sandra Babcock, Nathalie Greenfield, Kathryn Adamson, Cardozo Law Review , on 24 April 2024
2024
Academic report
Gender
United States
Women
More details See the document
This article presents a comprehensive study of 48 persons sentenced to death between 1990 and 2023 who presented as women at the time of their trials. This research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence and prior involvement with the criminal legal system. This report also explore the nature of the women’s crimes of conviction, including the role of male co-defendants and the State’s use of aggravating factors. Finally, it reveals for the first time the extent to which capital prosecutions are dominated by men—including judges, elected District Attorneys, defense attorneys, and juror forepersons—and explain why gender matters in determining who lives and who dies
- Document type Academic report
- Countries list United States
- Themes list Gender / Women
Document(s)
Freedom of Thought 2012: A Global Report on Discrimination Against Humanists, and the Nonreligious International Humanist and Ethical Union Atheists
By International Humanist and Ethical Union, on 1 January 2012
2012
NGO report
More details See the document
This report shows that atheists, humanists and other nonreligious people are discriminated against by governments across the world, sometimes facing death.
- Document type NGO report
- Themes list Minorities, Religion ,
Document(s)
FHRI and PRI submission to the UN Sec-Gen report on the status of the death penalty in East Africa – Kenya and Uganda April 2012
By Penal Reform International, on 8 September 2020
2020
NGO report
Kenya
More details See the document
Two trends accompanying the abolition of the death penalty give reason for concern: there is a striking increase in offences that carry the sanction of life imprisonment as the sanction which typically replaces the death penalty following abolition or a moratorium of the death penalty; and a striking increase in prisoners serving this indefinite sentence. Secondly, a differential, harsher treatment is applied to them as compared to other categories of prisoners. At the same time, the development of international standards in any affirmative–if not legally binding– form are lacking. As a consequence states are more frequently enforcing a form of punishment problematic in terms of international human rights standards and norms.
- Document type NGO report
- Countries list Kenya
- Themes list Trend Towards Abolition,
Article(s)
China reduces the number of crimes punishable by death to 46, but keeps drug trafficking in the list
By Aurélie Plaçais, on 7 October 2015
China removes nine non-violent and rarely used criminal offenses from capital punishment.
2015
China
Drug Offenses
Document(s)
Reducing Facial Stereotype Bias in Consequential Social Judgments: Intervention Success With White Male Faces
By Youngki Hong, Kao-Wei Chua, & Jonathan B. Freeman, Columbia University, on 25 January 2024
2024
Article
United States
More details See the document
Published on December 18, 2023.
Initial impressions of others based on facial appearances are often inaccurate yet can lead to dire outcomes. Across four studies, adult participants underwent a counterstereotype training to reduce their reliance on facial appearance in consequential social judgments of White male faces. In Studies 1 and 2, trustworthiness and sentencing judgments among control participants predicted whether real-world inmates were sentenced to death versus life in prison, but these relationships were diminished among trained participants. In Study 3, a sequential priming paradigm demonstrated that the training was able to abolish the relationship between even automatically and implicitly perceived trustworthiness and the inmates’ life-or-death sentences. Study 4 extended these results to realistic decision-making, showing that training reduced the impact of facial trustworthiness on sentencing decisions even in the presence of decision-relevant information. Overall, our findings suggest that a counterstereotype intervention can mitigate the potentially harmful effects of relying on facial appearance in consequential social judgments.
- Document type Article
- Countries list United States
Document(s)
The politics of capital punishment for foreign nationals in Iran
By Death Penalty Research Unit (DPRU), University of Oxford, on 5 February 2024
2024
Academic Article
Iran (Islamic Republic of)
More details See the document
Published in December 2023.
This paper seeks to map the political economy of capital punishment in Iran, in particular in relation to dual and foreign nationals, and examines its external and internal functions. The external functions include suppressing the ‘cultural threat’ of cross-border drug trafficking, achieving more power in sanctions negotiations, seeking reciprocal prisoner swaps or demanding recompense for outstanding multinational debt. The internal functions include quashing protests against the regime, supressing separatist movements, or even just ‘otherness’. It is evident that those facing disadvantage across foreign national and intersectional lines face the death penalty disproportionately. In addition, although only representing a fraction of the overall population of death row, the arbitrary detention of dual nationals has a disproportionate political function.
- Document type Academic Article
- Countries list Iran (Islamic Republic of)
Document(s)
INSECURITY REVEALED: Voices Against the Death Penalty
By World Coalition Against the Death Penalty, on 6 August 2024
2024
Campaigning
World Coalition
frMore details Download [ pdf - 1313 Ko ]
- Document type Campaigning / World Coalition
- Available languages L'INSÉCURITÉ RÉVÉLÉE : Voix contre la peine de mort
Document(s)
Bylaws 2021
By World Coalition Against the Death Penalty, on 9 September 2021
2021
World Coalition
frMore details Download [ pdf - 97 Ko ]
Bylaws of the World Coalition Against the Death Penalty As Amended by the 18 June 2021 General Assembly
- Document type World Coalition
- Available languages Statuts 2021
Article(s)
Jamaica vote illustrates retentionist trend in the Caribbean
on 9 January 2009
Jamaican lawmakers voted to keep capital punishment and the government seems determined to use it. Caribbean abolitionists are battling similar moves across the region.
2009
Jamaica
Public Opinion
Saint Kitts and Nevis
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)
Isolation and desolation conditions of detention of people sentenced to death Malaysia
By Carole Berrih, Ngeow Chow Ying, ECPM, ADPAN, on 27 May 2021
NGO report
Death Row Conditions
Malaysia
frMore details See the document
Isolation and Desolation – Conditions of Detention of People Sentenced to Death in Malaysia is the first ever fact-finding mission report on the conditions of detention of death row prisoners in Malaysia.
It examines the use of death penalty in Malaysia as well as the actual situation of people on death row.
This report is not meant to point fingers but rather to put the facts on the table in a transparent manner and work from there. It is mainly an advocacy tool for all abolitionist stakeholders, from civil society actors to the parliamentarians who will keep fighting for the abolition of the death penalty.
- Document type NGO report
- Countries list Malaysia
- Themes list Death Row Conditions
- Available languages Isolement et désespoir conditions de détention des condamnés à mort Malaisie
Document(s)
Death sentences and executions 2020
By Amnesty International , on 26 May 2021
2021
NGO report
aresfafrruMore details See the document
This report covers the judicial use of the death penalty for the period January to December 2020. As in previous years, information is collected from a variety of sources, including:
– official figures;
– judgements;
– information from individuals sentenced to death and their families and representatives;
– media reports;
– and, for a limited number of countries, other civil society organizations.
Amnesty International reports only on executions, death sentences and other aspects of the use of the death penalty, , such as commutations and exonerations, where there is reasonable confirmation. In many countries governments do not publish information on their use of the death penalty. In China and Viet Nam, data on the use of the death penalty is classified as a state secret. During 2020 little or no information was available on some countries – in particular Laos and North Korea (Democratic People’s Republic of Korea) – due to restrictive state practice.
- Document type NGO report
- Available languages أحكام وعمليات اإلعدام في2020CONDENAS A MUERTE Y EJECUCIONES 2020احکام مرگ و اعدامها۲۰۲۰سالCondamnations à mort et exécutions 2020ГЛОБАЛЬНЫЙ ДОКЛАД СМЕРТНЫЕ ПРИГОВОРЫ И КАЗНИ 2020
Document(s)
Add Resources and Apply Them Systemically: Governments’ Responsibilities Under the Revised ABA Capital Defense Representation Guidelines
By Eric M. Freedman / Hofstra Law Review, on 1 January 2003
2003
Article
United States
More details See the document
The mainstream legal community, including the ABA, has long understood the importance of system-building, but the revised Guidelines state the point especially forcefully. In articulating “the current consensus about what is required to provide effective defense representation in capital cases,” they set high performance standards not just for lawyers, but for death penalty jurisdictions. As the problems are systemic, it is “imperative” that the solutions be.The Guidelines accordingly not only call on governments to deliver capital defense resources that are sufficient in amount, but also furnish the states with a user-friendly blueprint for using those resources wisely to create structures that will function well in the present and evolve effectively over time. This mandate for institution-building is welcome, and the states should lead it. Indeed, they must do so if the Guidelines are to achieve their ameliorative purposes and avoid becoming just a collection of lofty aspirations “‘that palter with us in a double sense, that keep the word of promise to our ear, and break it to our hope”.
- Document type Article
- Countries list United States
- Themes list Legal Representation,
Document(s)
TESTIMONIES- 21 st World Day Against the Death Penalty
on 10 July 2023
2023
Campaigning
World Coalition
frMore details Download [ pdf - 759 Ko ]
This document has been compiled by the Secretariat of the World Coalition Against the Death Penalty with substantial aid from member organizations, including Abdorrahman Boroumand Center, Amnesty International, Cornell Center on the Death Penalty Worldwide, Free Mumia ! French Support Group (Collectif français “Libérons Mumia !”), German Coalition Against the Death Penalty, Justice Project Pakistan, […]
- Document type Campaigning / World Coalition
- Available languages TEMOIGNAGES - 21ème Journée mondiale contre la peine de mort
Document(s)
International Network of Academics Against the Death Penalty
By International Academic Network for the abolition of capital punishment, on 8 September 2020
2020
Working with...
More details See the document
It is of the utmost importance, in the short and medium-term, to develop an intense work of academically nature both of study and disclosure of the problems of the abolition of the death penalty in the international scenario, to complement and help the work of the diplomatic action and non-governmental organizations. To this effect it is proposed to keep REPECAP as an ever – growing scientific world network comprising academic law scholars, human rights centers, institutions of public law and Ngos, with expertise and skill in the problems of death penalty and interests in the field of international criminal justice, as well as young researchers who have been dealing with these topics or wish to get involved with the subject, regardless of nationality or locations.
- Document type Working with...
- Themes list Networks,
Document(s)
Strengthening death penalty standards
By Penal Reform International, on 1 January 2015
2015
NGO report
More details See the document
Where the death penalty is applied, international law, jurisprudence and practice require that certain minimum standards are applied. The standards include international and regional treaties that are legally binding on states that have ratified them, customary international law that is binding on all states without exception, and non-binding standards and resolutions that nonetheless command the support of the majority of states. International understanding of these minimum standards has continued to evolve in the years since they were drafted, but the documents themselves do not always keep pace. This paper brings together international, regional and national standards, the most recent understandings of relevant experts and appropriate insights from other connected disciplines. It explores possible ways in which international minimum standards could be further strengthened at this time, whether through ECOSOC, the UN Human Rights Council, the UN Commission on Crime Prevention and Criminal Justice, regional bodies or national amendments to laws and policies. In each section, the issue and current practice is described, followed by examples of good practice or suggestions for improvement, finishing with a short list of recommendations for strengthening existing standards. These issues and recommendations are not final, but are intended to provide a point from which discussion can begin.
- Document type NGO report
- Themes list International law, Legal Representation,
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...
frMore details See the document
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 type Working with...
- Themes list Networks, Death Penalty,
- Available languages Entreprises Responsables et Engagements sur la Peine de Mort: Guide Pratique
Document(s)
Death in the time of Covid-19: Efforts to restore the death penalty in the Philippines
By Jose M.Jose and Maria Corazon A.De Ungria, on 10 August 2021
2021
Academic report
Drug Offenses
Philippines
More details See the document
The Philippine Congress recently passed a bill amending the Dangerous Drugs Act of 2002 and reimposing the penalty of life imprisonment to death for specific-drug related offenses. House Bill No. 7814 also allows the presumption of guilt in certain drug-related crimes unless otherwise proven, thereby overturning the long-standing constitutional presumption of innocence.
The bill has been sent to the Senate for its concurrence and could only be several steps away before being signed into law by President Rodrigo R. Duterte. This paper discusses the ramifications of the new bill and the questioned timeliness of its passage when the country continues to have a large and overcrowded prison population and a significant number of deaths due to SARS-CoV-2 in Southeast Asia.
The government’s lapses in following the 2021 national vaccination plan became apparent in the 31 March 2021 assessment made by the congressional health panel on the government’s response to the pandemic.
From the authors’ perspective, the urgency of using the country’s limited resources to help medical frontliners and local government units prevent further infections and save lives should have outweighed the efforts exerted to pass a law that legalized the death penalty for the third time in the Philippines.
- Document type Academic report
- Countries list Philippines
- Themes list Drug Offenses
Document(s)
Bylaws of the World Coalition Against the Death Penalty 2023
By World Coalition Against the Death Penalty, on 22 August 2023
2023
World Coalition
Trend Towards Abolition
frMore details Download [ pdf - 146 Ko ]
- Document type World Coalition
- Themes list Trend Towards Abolition
- Available languages Statuts de la Coalition mondiale contre la peine de mort 2023
Document(s)
Doomed to Repeat: The Legacy of Race in Tennessee’s Contemporary Death Penalty
By Death Penalty Information Center, on 16 June 2023
2023
NGO report
Fair Trial
United States
More details See the document
This report explores the current issues with capital punishment in Tennessee through a historical lens, tracing the origins of the use of the death penalty from lynchings and other forms of racial violence directed at Black Tennesseans. The stories of individuals and communities that have interacted with different facets of Tennessee’s justice system throughout history suggest that, in many ways, even though centuries have passed, the experiences of discrimination toward Tennessee’s communities of color continue. A meaningful understanding of the state’s history and its legacy of violence and racism is essential to avoid repeating the mistakes of the past.
- Document type NGO report
- Countries list United States
- Themes list Fair Trial
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)
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty
By Council of Europe, on 1 January 1983
1983
Regional body report
enenrufrMore details See the document
Article 1 – Abolition of the death penaltyThe death penalty shall be abolished. No-one shall be condemned to such penalty or executed.
- Document type Regional body report
- Themes list International law,
- Available languages German : Protokoll Nr. 6 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten über die Abschaffung der TodesstrafeItalian : Protocollo n° 6 alla Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali sull'abolizione delle pena di morteПротокол № 6 к Конвенции о защите прав человека и основных свобод относительно отмены смертной казниProtocole no. 6 à la Convention de sauvegarde des Droits de l'Homme et des Libertés fondamentales concernant l'abolition de la peine de mort
Document(s)
Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances
By Council of Europe, on 1 January 2002
2002
Regional body report
enenrufrMore details See the document
Article 1 – Abolition of the death penaltyThe death penalty shall be abolished. No one shall be condemned to such penalty or executed.
- Document type Regional body report
- Themes list International law,
- Available languages German : Protokoll Nr. 13 zur Konvention zum Schutze der Menschenrechte und Grundfreiheiten bezüglich der Abschaffung der Todesstrafe unter allen UmständenItalian : Protocollo n° 13 alla Convenzione per la salvaguardia dei Diritti dell'Uomo e delle Libertà fondamentali relativo all'abolizione delle pena di morte in ogni circostanzaПротокол № 13 к Конвенции о защите прав человека и основных свобод относительно отмены смертной казни при любых обстоятельствахProtocole n° 13 à la Convention de sauvegarde des Droits de l'Homme et des Libertés fondamentales, relatif à l'abolition de la peine de mort en toutes circonstances
Document(s)
Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty: Report of the Secretary-General
By United Nations, on 1 January 2005
2005
United Nations report
arruesfrzh-hantMore details See the document
The present report, prepared pursuant to Economic and Social Council resolutions 1754 (LIV) of 16 May 1973 and 1995/57 of 28 July 1995, and Council decision 2005/247 of 22 July 2005, is the eighth quinquennial report of the Secretary-General on capital punishment. It covers the period 2004-2008 and reviews developments in the use of capital punishment. The report confirms a very marked trend towards abolition and restriction of the use of capital punishment in most countries. The rate at which States that retained the death penalty at the start of the quinquennium have abolished its use either in law or in practice is comparable with that of previous reporting periods, and may even be accelerating slightly. Moreover, countries that retain the death penalty are, with rare exceptions, significantly reducing its use in terms of numbers of persons executed and the crimes for which it may be imposed. Nevertheless, where capital punishment remains in force, there are serious problems with regard to the respect of international norms and standards, notably in the limitation of the death penalty to the most serious crimes, the exclusion of juvenile offenders from its scope, and guarantees of a fair trial.
- Document type United Nations report
- Themes list Trend Towards Abolition,
- Available languages عقوبة الإعدام وتنفيذ الضمانات التي تكفل حماية حقوق الذين يواجهون عقوبة الإعدام : م ذكّرة من الأمين العامСмертная казнь и применение мер, гарантирующих защиту прав тех, кому грозит смертная казнь : Доклад Генерального секретаряLa pena capital y la aplicación de las salvaguardias para garantizar la protección de los derechos de los condenados a la pena de muerte : Informe del Secretario GeneralPeine capitale et application des garanties pour la protection des droits des personnes passibles de la peine de mort: Rapport du Secrétaire général死刑和保护死刑犯权利的保障措施的执行情况: 秘书长的报告
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 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)
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)
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)
Moratorium on the use of the death penalty. Report of the Secretary-General (2008)
By United Nations, on 8 September 2020
2020
United Nations report
arruzh-hantesfrMore details See the document
The present report surveys respect for the rights of those sentenced to death as set out in the international human rights treaties and the guidelines established by the Economic and Social Council in 1984. Drawing on contributions of Member States, the report surveys various motivations for establishing a moratorium on or abolishing the death penalty, as well as those for retaining the death penalty. It also includes up-to-date statistical information on the worldwide use of the death penalty, including moratoriums established in States that have not abolished this form of punishment, together with relevant developments since the sixty-second session of the General Assembly. The report concludes by confirming the global trend towards abolition of the death penalty, the important role played by moratoriums in those States that seek to abolish it and possibilities for further work on the issue.
- Document type United Nations report
- Themes list Moratorium ,
- Available languages وقف استخدام عقوبة الإعدام :تقرير الأمين العامМоратории на применение смертной казни: Доклад Генерального секретаря暂停使用死刑: 秘书长的报告Moratoria del uso de la pena de muerte : Informe del Secretario GeneralMoratoires sur l'application de la peine de mort: Rapport du Secrétaire général
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)
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 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)
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
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)
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)
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 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)
Co-Sponsorship, Note Verbale, and Association Behaviour at the Unga: An Analysis of the Death Penalty Moratorium Resolutions
By Daniel Pascoe & Sangmin Bae, on 22 April 2021
2021
Academic report
Moratorium
More details See the document
Since December 2007, seven resolutions in favour of a universal moratorium on death penalty executions have been adopted by the UN General Assembly. In an earlier paper (Pascoe and Bae 2020) we examined UN member states’ voting patterns over these seven resolutions, asking why some countries vote in a manner seemingly contradictory to their domestic death penalty practices. With a slightly different focus, we now further explore idiosyncratic state behaviour, this time through an analysis of co-sponsorship and the note verbale of dissociation. Our assumption is that states which plan to vote ‘yes’ in the plenary will also co-sponsor the resolution beforehand. We also presume that states which vote ‘no’ in the plenary will sign the note verbale invariably circulated several months later, as a further means of condemnation.
However, when it comes to the moratorium resolutions, not all member states fit into either of these binary categories. Many countries situate themselves in between the two groups of ‘genuine’ supporters and opponents. These countries in the middle evince inconsistency between their plenary votes and what we term their ‘association behaviour’ before or after the plenary, consisting of co-sponsorship and adherence to the note verbale. This paper analyses these groups of countries to determine the underlying causes for their ambivalent, or even contradictory, positions concerning the moratorium resolutions. The findings of this research stand to enrich not only the academic literature on international organizations, but also to inform the campaigning efforts of abolitionist UN member states and non-governmental organizations.
- Document type Academic report
- Themes list Moratorium
Document(s)
The Contradictions of American Capital Punishment
By Franklin E. Zimring / Oxford University Press, on 1 January 2003
2003
Book
United States
More details See the document
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)
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)
West Africa: Time to abolish the death penalty
By Amnesty International, on 1 January 2003
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)
Adieu to Electrocution
By Deborah W. Denno / Ohio Northern University Law Review, on 1 January 2000
2000
Article
United States
More details See the document
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)
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)
Little Furmans Everywhere: State Court Intervention and the Decline of the American Death Penalty
By Carol S. Steiker & Jordan M. Steiker, on 1 September 2022
2022
Academic report
Trend Towards Abolition
United States
More details See the document
This article retraces the evolution and recent decline of death peanlty in the United States, notablt through state court interventions. These dynamics between judicial and political action illuminate the importance of state court intervention in the story of the American death penalty’s precipitous decline, which has tended to foreground other institutional actors and to neglect the complex interactions among branches of government. State judicial rulings, though often highly technical and, therefore, less visible and accessible to the public, have been a pervasive and powerful force in the two-decade-long diminution of the practice of capital punishment across the United States.
- Document type Academic report
- Countries list United States
- Themes list Trend Towards Abolition
Document(s)
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)
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)
Extrajudicial, summary or arbitrary executions
By United Nations General Assembly, on 5 August 2022
2022
United Nations report
More details See the document
To mark the fortieth anniversary of the establishment of the mandate on extrajudicial, summary or arbitrary executions, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, offers a reflection from a historical perspective on the establishment of the mandate and the subsequent evolution of its working methods. He retraces the development of international standards and guidelines elaborated with the substantial contribution and support of the various mandate holders. The report also contains an analysis of the question of the death penalty from the perspective of whether it is compatible with the absolute prohibition of torture or other cruel, inhuman or degrading treatment or punishment and recommendations aimed at ensuring the protection of the right to life, as guaranteed under international human rights instruments.
- Document type United Nations report
Document(s)
The Death Penalty in the OSCE Area: Background Paper 2019
By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2019
2019
International law - Regional body
More details See the document
Fifty-five (55) OSCE participating States have either completely abolished the death penalty or maintain moratoria on executions as an important first step towards abolition. However, in a global context where discussions focus on the threat of terrorism and a need to be tough on crime, it is perhaps not surprising that the question of reintroducing the death penalty surfaces at times, including in the OSCE region. It is, therefore, a good moment to reflect on the reasons why there is still support for the death penalty, considering the growing understanding that capital punishment is a cruel, inhuman and degrading punishment. Some of the most persistent arguments used to justify the use of the death penalty and its possible reintroduction will be discussed in the report.
- Document type International law - Regional body
- 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
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)
Mobilization Kit 2006
By World Coalition against the death penalty , on 10 October 2006
2006
Campaigning
Trend Towards Abolition
frMore details Download [ pdf - 114 Ko ]
The World Coalition was created in Rome on 13 May
2002, following the commitment undertaken by the
organizations who signed the Final Declaration of
the First World Congress against the death penalty
in June 2001 in Strasbourg. It comprises 52 non-
governmental organizations, as well as bar asso-
ciations, trade unions and local communities.
The Coalition aims to reinforce the international
movement to abolish the death penalty, to reduce
the scope of capital punishment and put an end
to executions wherever they take place. To this
end, the Coalition facilitates the creation and devel-
opment of national and regional coalitions against
the death penalty. The Coalition also spearheads
lobbying efforts directed towards states and inter-
national institutions.
- Document type Campaigning
- Themes list Trend Towards Abolition
- Available languages Kit de mobilisation 2006
Document(s)
Anti–Death Penalty Advocacy: A Lawyer’s View from Australia
By Julian McMahon SC, on 1 September 2022
2022
Article
Australia
More details See the document
This article reviews the executions of Australians in the region and the Australian responses over the past two decades. Informed by the author’s legal defence role in death penalty cases in Singapore and Indonesia and other countries, the article explores developments in anti–death penalty advocacy since 2015: the parliamentary enquiry, the ‘whole of government’ strategy led by the Department of Foreign Affairs and Trade and the efforts made by Australia and Australians in Asia.
This article was first published in Crime Justice Journal: https://www.crimejusticejournal.com/issue/view/119
- Document type Article
- Countries list Australia
Document(s)
‘Upholding the Cause of Civilization’: The Australian Death Penalty in War and Colonialism
By Mark Finnane, on 1 September 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)
The Rise, Fall, and Afterlife of the Death Penalty in the United States
By Carol S. Steiker / Annual Review of Law and Social Science, on 1 January 2020
2020
Article
United States
More details See the document
This review addresses four key issues in the modern (post-1976) era of capital punishment in the United States. First, why has the United States retained the death penalty when all its peer countries (all other developed Western democracies) have abolished it? Second, how should we understand the role of race in shaping the distinctive path of capital punishment in the United States, given our country’s history of race-based slavery and slavery’s intractable legacy of discrimination? Third, what is the significance of the sudden and profound withering of the practice of capital punishment in the past two decades? And, finally, what would abolition of the death penalty in the United States (should it ever occur) mean for the larger criminal justice system?
- Document type Article
- Countries list United States
- Themes list Country/Regional profiles,
Document(s)
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 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)
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,
Article(s)
Moving towards an inter-Arab coalition against the death penalty
on 1 May 2007
As of today, no country in North Africa and the Middle-East has yet abolished the death penalty. However, there are positive signs that the region is now ready to debate the issue – as can be seen from the profusion of discussions and exchanges that took place during the 3 rd World Congress against the Death Penalty.
2007
Public Opinion
Women
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)
Gender, Violence, and the Death Penalty
By Sandra Babcock and Nathalie Greenfield, California Western International Law Journal , on 1 February 2024
2024
Academic Article
Gender
Women
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Published in 2023.
This article is the first in a series that will systematically explore how gender has affected the criminal proceedings of women currently on death row. For this inaugural article, we have undertaken the first—and, to our knowledge, only comprehensive analysis of gender-based violence (“GBV”) in the lives of all women currently on death row, examining the prevalence of GBV and how it has shaped the lives and affected the criminal prosecutions of women facing execution. Our research reveals, for the first time, that almost every woman on death row in the United States has experienced GBV. Indeed,the great majority have experienced more than one incident of GBV in their lifetime. Our findings align with previous studies demonstrating that women’s pathways to incarceration are paved with physical, sexual, and psychological abuse. Our research further shows that both in the United States and around the world, defense attorneys frequently fail to present evidence of GBV in women’s capital trials. When they do introduce such evidence, they fail to fully explain the nature of their clients’ victimization and the harm they have suffered as a result. Moreover, prosecutors frequently rely on gendered tropes to discredit women’s accounts of violence such as childhood sexual abuse, rape, and intimate partner violence. Consequently, those who sentence women to die rarely comprehend the extensive trauma that the women have endured throughout their lives, and how that trauma relates to their legal and moral culpability.
- Document type Academic Article
- Themes list Gender / Women
Document(s)
The Illusion of Heightened Standards in Capital Cases
By Anna VanCleave, University of Connecticut - School of Law, on 25 January 2024
2024
Article
Fair Trial
United States
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Published on April 3, 2023.
The death penalty has gained its legitimacy from the belief that capital prosecutions are more procedurally rigorous than noncapi-tal prosecutions. This Article reveals how a project of heightened capital standards, set in motion when the Supreme Court ended and then revived the death penalty, was set up to fail.
In establishing what a constitutional death penalty would look like, the Court in 1976 called for heightened standards of reliability in capital cases. In the late 1970s and early 80s, the Supreme Court laid out specific constitutional procedures that must be applied in capital cases, and left the door open for the Eighth Amendment to do even more. In the decades that followed, state and federal courts have fueled a perception of heightened procedural rigor in capital cases by referring repeatedly to the heightened standards applica-ble in capital cases.
- Document type Article
- Countries list United States
- Themes list Fair Trial
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
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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