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Document(s)

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

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


2020

Academic report

United States


More details See the document

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

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

Document(s)

The Debate Over the Death Penalty in Today’s China

By Zhang Ning / China perpectives, on 1 January 2005


2005

Article

China


More details See the document

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

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

Document(s)

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

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


2015

Book

United States


More details See the document

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

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

Document(s)

Slavery and the Death Penalty

By Routledge / Bharat Malkani, on 1 January 2018


2018

Book

United States


More details See the document

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

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

Document(s)

The Death Penalty in 2017: Year End Report

By Death Penalty Information Center, on 1 January 2017


2017

NGO report


More details See the document

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

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

Document(s)

Leaflet World Day 2011 on the inhumanity of the death penalty

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


2011

Campaigning

fr
More details Download [ pdf - 242 Ko ]

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

Document(s)

The Death Penalty in the OSCE Area – Background Paper 2010

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


2020

NGO report

Albania

ru
More details See the document

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

Document(s)

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

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


2013

NGO report


More details See the document

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

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

Document(s)

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

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


2007

International law - Regional body

fr
More details See the document

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

Document(s)

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

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


2008

NGO report

fr
More details Download [ pdf - 323 Ko ]

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

Document(s)

2014 Report – Moratorium on the use of the death penalty

By United Nations, on 8 September 2020


2020

NGO report

arrufrzh-hantes
More details See the document

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

Document(s)

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

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


2007

Book


More details See the document

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

  • Document type Book

Document(s)

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

By Death Penalty Project, on 1 January 2014


2014

NGO report

en
More details See the document

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

Document(s)

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

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


2000

Article

United States


More details See the document

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

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

Document(s)

The Global Debate on the Death Penalty

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


2007

Article

United States


More details See the document

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

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

Document(s)

Dead Innocent: The Death Penalty Abolitionist Search for a Wrongful Execution.

By Jeffrey L. Kirchmeier / Tulsa Law Review, on 1 January 2006


2006

Article

United States


More details See the document

This article examines the debate about whether or not an innocent person has been executed in the United States. The article begins by discussing several famous historical claims of wrongful execution, including Sacco & Vanzetti, the Rosenbergs, and Bruno Hauptmann. Then, the article addresses some recent claims of wrongful executions, including the case of Larry Griffin and the impact of a 2006 DNA test in the Roger Coleman case. The article evaluates why some innocence claims attract more attention than others. By recognizing two obstacles in wrongful execution claims and by establishing five lessons for gaining media attention, the article uses its historical analysis to extract strategy lessons for death penalty abolitionists. Finally, the article weighs arguments regarding the pros and cons of an abolitionist strategy that focuses on proving the innocence of executed individuals. The article concludes that wrongful execution claims provide an important argument for abolitionists, but such claims should not be presented as the main or only problem with the death penalty.

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

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)

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

By National University of Singapore, on 1 January 2016


2016

Article

Singapore


More details See the document

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

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

Document(s)

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

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


2005

Article


More details See the document

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

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

Document(s)

Japanese Moratorium on the Death Penalty

By Mika Obara-Minnitt, on 1 January 2016


2016

Book

Japan


More details See the document

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

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

Document(s)

Religious Organizations and the Death Penalty

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


2000

Article

United States


More details See the document

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

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

Document(s)

Children and the death penalty: Executions worldwide since 1990

By Amnesty International, on 1 January 2002


2002

NGO report

fres
More details See the document

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

Document(s)

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

By Amnesty International, on 1 January 2018


2018

NGO report

fr
More details See the document

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

Document(s)

Report on the Death Penalty in Iraq UNAMI/OHCHR

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


2014

International law - United Nations


More details See the document

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

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

Document(s)

Human Rights and the Death Penalty in the United States

By The Advocates for Human Rights, on 8 September 2020


2020

Arguments against the death penalty


More details See the document

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

  • Document type Arguments against the death penalty

Document(s)

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

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


2021

World Coalition

Juveniles

Women

fr
More details Download [ pdf - 280 Ko ]

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

Document(s)

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

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


2020

NGO report

Saudi Arabia


More details See the document

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

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

Document(s)

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

By Amnesty International, on 1 January 2018


2018

NGO report


More details See the document

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

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

Document(s)

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

By United Nations, on 1 January 2008


2008

International law - United Nations

arrufrzh-hantes
More details See the document

The present report contains information covering the period from January 2006 to May 2008. The report indicates that the trend towards abolition of the death penalty continues; this is illustrated, inter alia, by the increase in the number of countries that are completely abolitionist and by the increase in ratifications of international instruments that provide for the abolition of this form of punishment.

Document(s)

Parliamentarians and the abolition of the death penalty – a resource

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


2014

Working with...

fr
More details Download [ pdf - 667 Ko ]

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

Document(s)

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

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


2008

Article

Japan


More details See the document

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

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

Document(s)

In the Executioner’s Shadow

By Maggie Burnette Stogner, on 8 September 2020


2020

Multimedia content

United States


More details See the document

What would you do if someone you love was raped, tortured, or murdered? How would you seek justice? The very thought evokes horror— we shudder to even consider it. But it is a reality faced by Vicki and Syl Scheiber after their daughter’s rape and murder; faced by Karen Brassard in the traumatic aftermath of the Boston Marathon bombing; faced by former Virginia state executioner Jerry Givens after performing 62 executions.As wrongful convictions, botched executions, and a broken justice system inch further into the spotlight, we must consider: What is justice? What part should the death penalty play?In the Executioner’s Shadow allows a glimpse into Jerry’s rarely seen world of death row and execution. It explores Karen’s moral conflict as she attends the accused bomber’s trial, a young man the same age as her son. It defies our perception of justice as Vicki and Syl fight for the life of their daughter’s murderer.In the Executioner’s Shadow illuminates the oft hidden realities entangled in death row, the death penalty, and the U.S. Justice system at large.

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

Document(s)

Discrimination and Instructional Comprehension: Guided Discretion, Racial Bias, and the Death Penalty

By Craig Haney / Mona Lynch / Law and Human Behavior, on 1 January 2000


2000

Article

United States


More details See the document

This study links two previously unrelated lines of research: The lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.

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

Document(s)

The Death Penalty in the United States

By International Federation for Human Rights (FIDH) / Antoine Bernard, on 1 January 2002


2002

NGO report


More details See the document

The report indicates that most of the people sentenced to capital punishment, especially the poor and indigent, did not benefit from a fair trial, and that the conditions of detention – which is very long – constitute “cruel, inhuman and degrading treatments”. Furthermore, the FIDH fears that the possible moratoriums on the executions considered by several States only aims at improving the criminal procedures prior to the executions.

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

Document(s)

Death Penalty in the Palestinian Legal System: A Legal Review

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


2010

International law - Regional body

ar
More details See the document

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

Document(s)

Criminological analysis on deterrent power of death penalty

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


2009

Article

China

zh-hant
More details See the document

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

Document(s)

China Against the Death Penalty Report 2012

By China Against the Death Penalty, on 1 January 2012


2012

NGO report

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

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

Document(s)

The political origins of death penalty exceptionalism: Mao Zedong and the practice of capital punishment in contemporary China

By Zhang Ning / Punishment and Society, on 1 January 2008


2008

Article

China


More details See the document

This article focuses on the role played by Mao Zedong in the making of the Chinese communist legal system in general and in the Chinese practice of the death penalty under Mao in particular. It attempts to study this link through an analysis of an event which represented a landmark, namely the campaign of the regression against counterrevolutionaries launched in 1950—2, and through an examination of three specific cases, which enable us to observe the concrete characteristics of these practices, whose effects continue to be felt in today’s China.

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

Document(s)

Texas Death Penalty Developments in 2019: The Year in Review

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


2019

NGO report


More details See the document

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

  • Document type NGO report
  • Themes list Death Penalty,

Document(s)

The Death Penalty and Victims

By United Nations, on 1 January 2016


2016

International law - United Nations


More details See the document

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

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

Document(s)

Report on roundtable on the abolition of the death penalty, Madrid October 2012

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


2013

NGO report


More details See the document

The purpose of the Round Table was to review developments on the death penalty and to identify legal and political challenges and opportunities for the coming five years. The meeting covered country, regional and thematic questions.

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

Document(s)

Texas Death Penalty Developments in 2015: The Year in Review

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


2015

NGO report


More details See the document

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

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

Document(s)

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

By Gopalkrishna Gandhi, on 1 January 2016


2016

Book

India


More details See the document

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

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

Document(s)

Sharia law and the death penalty

By Penal Reform International, on 1 January 2015


2015

NGO report


More details See the document

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

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

Document(s)

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

By Death Penalty Information Center, on 1 January 2016


2016

NGO report


More details See the document

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

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

Document(s)

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

By Death Penalty Information Center, on 1 January 2016


NGO report


More details See the document

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

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

Document(s)

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

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


2002

Article

United States


More details See the document

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

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

Document(s)

Broken Justice: The Death Penalty in Virginia

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


2003

NGO report


More details See the document

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

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

Document(s)

Myth #9 – The Bible supports the death penalty

By Reprieve / Emmanuelle Purdon , on 8 September 2020


2020

Academic report


More details See the document

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

  • Document type Academic report
  • Themes list Religion ,

Document(s)

Question of the death penalty : report of the Secretary-General submitted pursuant to Commission resolution 2003/67

By United Nations, on 1 January 2004


2004

International law - United Nations

arrufrzh-hantes
More details See the document

The present report contains information covering the period from January 2003 through December 2003. The report indicates that the trend towards abolition of the death penalty continues, illustrated, inter alia, by the increase in the number of ratifications of international instruments that provide for the abolition of this punishment.

Document(s)

The Death Penalty in Egypt

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


2005

NGO report

arfr
More details See the document

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

Document(s)

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

By Amnesty International, on 1 January 2003


2003

NGO report

fres
More details See the document

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

Document(s)

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

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


2014

NGO report


More details See the document

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

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

Document(s)

Detailed Factsheet on Death Penalty and Poverty

By World Coalition Against the Death Penalty, on 1 January 2017


2017

Multimedia content

fr
More details Download [ pdf - 612 Ko ]

Detailed information on the death penalty and poverty.

Document(s)

The death penalty in China

By Bin Lu, Hong Liang / Columbia University Press, on 1 January 2015


2015

Arguments against the death penalty


More details See the document

Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China’s death penalty from the Mao era (1949–1979) through the Deng era (1980–1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China’s death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

  • Document type Arguments against the death penalty
  • Themes list Death Penalty, Country/Regional profiles,

Document(s)

Responsible Business Engagement on the Death Penalty. A Practical Guide

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


2019

Working with...

fr
More 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(s)

Foreign Nationals and the Death Penalty in the US

By Death Penalty Information Center / Mark Warren, on 1 January 2013


2013

Article

United States


More details See the document

New information on foreign nationals facing the death penalty in the U.S. is now available through Mark Warren of Human Rights Research. This DPIC page includes information on 143 foreign citizens from 37 countries on state and federal death rows.

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

Document(s)

Life, Death and the Crime of Crimes: Supreme Penalties and the ICC Statute

By William A. Schabas / Punishment and Society, on 1 January 2000


2000

Article


More details See the document

The attitude of international law and practice to supreme penalties has evolved enormously over the past half-century. At Nuremberg, in 1946, capital punishment was imposed upon Nazi war criminals. But at the Rome Conference in 1998, when the international community provided for the establishment of the International Criminal Court, not only was capital punishment excluded, the text also limited the scope of life imprisonment. These changes were driven principally by evolving norms of international human rights law. The first changes became apparent in the early work of the International Law Commission on the Code of Crimes against the Peace and Security of Mankind, during the 1950s. When criminal prosecution returned to the international agenda, in the late 1980s and early 1990s, there was widespread agreement to exclude capital punishment. But at the Rome Conference, a relatively small and geographically isolated group of States made an aggressive attempt to defend capital punishment. Ultimately unsuccessful, their efforts only drew attention to a growing rejection of both capital punishment and life imprisonment in international and national legal systems

  • Document type Article
  • Themes list Networks,

Document(s)

: Time to Abolish the Death Penalty in Zimbabwe: Exploring the Views of its Opinion Leaders

By Death Penalty Project, on 8 September 2020


2020

NGO report

Zimbabwe


More details See the document

This report draws on in-depth interviews with 42 opinion leaders on the death penalty, their knowledge of the criminal justice system, the likelihood of abolition and how that could be achieved. They represent the fields of politics, public service, law, religion, civil society, academia, and defence.

  • Document type NGO report
  • Countries list Zimbabwe
  • Themes list Public opinion,

Document(s)

Annual report on the death penalty in Iran 2016

By Ensemble contre la peine de mort (ECPM) / Iran Human Rights (IHR), on 1 January 2017


2017

NGO report

fr
More details See the document

The 9th annual report by Iran Human Rights (IHR) on the death penalty provides an assessment and analysis of the death penalty trends in 2016 in the Islamic Republic of Iran. The report sets out the number of executions in 2016, the trend compared to previous years, charges, geographic distribution and a monthly breakdown of executions

Document(s)

The Politics of the Death Penalty in Countries in Transition

By Routledge / Madoka Futamura, on 1 January 2014


2014

Book


More details See the document

Covering a diverse range of transitional processes in Asia, Africa, Latin America, Europe, and the Middle East, The Politics of the Death Penalty in Countries in Transition offers a broad evaluation of countries whose death penalty policies have rarely been studied. The book would be useful to human rights researchers and international lawyers, in demonstrating how transition and transformation, ‘provide the catalyst for several of interrelated developments of which one is the reduction and elimination of capital punishment’.

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

Document(s)

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

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


2018

Lobbying

fr
More details Download [ pdf - 840 Ko ]

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

Document(s)

THE DEATH PENALTY IN 2014: YEAR END REPORT

By Death Penalty Information Center, on 1 January 2014


2014

NGO report


More details See the document

With 35 executions this year, 2014 marks the fewest people put to death since 1994, according to this report by the Death Penalty Information Center (DPIC). The 72 new death sentences in 2014 is the lowest number in the modern era of the death penalty, dating back to 1974. Executions and sentences have steadily decreased, as Americans have grown more skeptical of capital punishment. The states’ problems with lethal injections also contributed to the drop in executions this year.Death sentences—a more current barometer than executions—have declined by 77% since 1996, when there were 315. There were 79 death sentences last year. This is the fourth year in a row that there have been fewer than 100 death sentences.

  • Document type NGO report
  • Themes list Mental Illness, Innocence, Intellectual Disability, Lethal Injection, Statistics,

Document(s)

The death penalty in China today: Kill fewer, kill cautiously

By Susan Trevaskes / Asian Survey, on 1 January 2008


2008

Article

China


More details See the document

While the PRC death penalty debate has been an ongoing and highly contentious issue in the international human rights arena, death sentence policy and practice in China has remained relatively static since the early 1980s. Events in late 2006 and early 2007 have now dramatically changed the landscape of capital punishment in China. This paper analyses the recent debate on the death penalty in terms of the shifting power relationships in China today. The Supreme People’s Court wants to strictly limit the death penalty to only the ‘most heinous’ criminals while the politburo on the other hand, wants to maintain the two-decade old ‘strike hard’ policy which encourages severe punishment to be meted out to a wider range of serious criminals.

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

Document(s)

Cruel and Unusual: The American Death Penalty and the Founders’ Eighth Amendment

By John D. Bessler / Northeastern University Press, on 1 January 2012


2012

Book

United States


More details See the document

Bessler examines the Supreme Court’s Eighth Amendment case law and concludes that the death penalty may well be declared unconstitutional in time. Sister Helen Prejean, author of Dead Man Walking, called the book, “A searing indictment of capital punishment, this pioneering history of the Cruel and Unusual Punishments Clause is destined to reframe America’s death penalty debate.

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

Document(s)

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

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


2004

Article

United States


More details See the document

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

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

Document(s)

The Death Penalty in the Inter-American Human Rights System: From Restrictions to Abolition

By Organization of American States / Inter-American Commission on Human Rights, on 1 January 2012


2012

International law - Regional body

es
More details See the document

The report takes into account the standards developed within the Inter-American human rights system to restrict the application of the death penalty over the last 15 year.

Document(s)

Killing McVeigh: The Death Penalty and the Myth of Closure

By Jody Lyneé Madeira / New York University (NYU), on 1 January 2012


Book


More details See the document

Professor Jody Lynee’ Madeira of the Indiana University School of Law follows the aftermath of the Oklahoma City bombing to explore whether the families of murder victims obtain closure from an execution. In Killing McVeigh: The Death Penalty and the Myth of Closure, Prof. Madeira recounts her wide range of interviews with those who experienced this tragedy first-hand.

  • Document type Book
  • Themes list Murder Victims' Families,

Document(s)

The Death Penalty in the OSCE Area: Background Paper 2016

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2016


2016

International law - Regional body


More details See the document

The background paper provides information on changes and developments withregard to the death penalty in the OSCE area and new developments on the internationallevel. In this year’s edition, there is a specific focus on the relationship betweencapital punishment and the prohibition of torture and other cruel, inhumanor degrading treatment or punishment.

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

Document(s)

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

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


2020

Book


More details Download [ pdf - 667 Ko ]

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

  • Document type Book
  • Themes list Trend Towards Abolition,

Document(s)

Turkey: The Risk of Reinstatment of the Death Penalty

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


2021

Campaigning

Public Opinion 

Turkey

fr
More details Download [ pdf - 312 Ko ]

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

Document(s)

The Death Penalty in Guatemala: On the road towards abolition

By International Federation for Human Rights (FIDH) / Catherine Delanoë-Daoud / Marcela Talamas / Emmanuel Daoud, on 1 January 2005


2005

NGO report


More details See the document

Violations of due process in the case of prisoners condemned to death. There are known cases of torture carried out by agents of the State and there is no legal provision that allows the Executive branch to grant a pardon and, subsequently, to commute a death sentence. The Guatemalan State has executed various individuals despite the fact that the Inter-American Commission on Human Rights had petitioned for precautionary measures; this constitutes a flagrant and recurrent violation of Guatemala’s international human rights commitments.The Guatemalan State, in addition to not having adequate public policies for prisons, also has no laws regulating prisons and conditions of detention, in spite of the fact that various UN instruments are devoted to that question.

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

Document(s)

A-53: SIGNATORIES AND RATIFICATION OF THE PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

By Organization of American States / Department of International Law, on 1 January 2011


2011

Regional body report

es
More details See the document

Estado de Firmas y Ratificaciones del protocolo a la convention americana sobre derechos humanos relativo a la abolicion de la pena de muerte

Document(s)

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

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


2002

Article

United States


More details See the document

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

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

Document(s)

Justice Project Pakistan Death Penalty Database

By Justice Project Pakistan, on 1 January 2019


2019

Multimedia content

Pakistan

en
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n the course of its advocacy and litigation work, JPP has developed a substantial collection of data sets on death row. With technical support from HURIDOCS, it has now developed open source data sets based on existing research on death row and on age determination under the Juvenile Justice Systems Ordinance. This project marks the beginning of the process of making the information publicly available, allowing the public and academic institutions to generate their own findings and base their campaigns on verified data.

Document(s)

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

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


2011

Academic report


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

  • Document type Academic report
  • Themes list Arbitrariness,

Document(s)

The Problem of False Confessions in the Post – DNA World

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


2004

Article

United States


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

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

Document(s)

Pathways to Justice: Implementing a Fair and Effective Remedy following Abolition of the Mandatory Death Penalty in Kenya

By The Death Penalty Project, on 1 January 2019


2019

NGO report


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This report draws on experiences in other jurisdictions where capital sentencing laws have been struck down or abolished, thereby generating the need for prisoners already unlawfully sentenced to death to be given substitute sentences. It delineates the ways in which other common law jurisdictions have addressed the practical and procedural challenges of resentencing following the abolition of the mandatory death penalty – navigating potential human rights infringements and ensuring that satisfactory requirements of due process are met. Resentencing procedures must also be scalable and practically accessible to the large number of individuals (thousands in the case of Kenya) entitled to relief.

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

Document(s)

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

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


1996

Regional body report


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

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

Document(s)

Lightening the Load of the Parental Death Penalty on Children

By Oliver Robertson / Quaker United Nations Office, on 1 January 2013


2013

NGO report

enarfafres
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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(s)

Failings of the Supreme Court, Human Sacrifice, Sentencing and the Death Penalty

By Anup Surendranath / Economic and Political Weekly, on 1 January 2020


2020

Article

India


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In the judicial discourse on the relationship between human sacrifice and punishment in criminal law, there are glaring errors. Looking closely at the Supreme Court’s judgment in Ishwari Lal Yadav v State of Chhattisgarh, the deviation from the principle of individualised sentencing and the consequences of ignoring evidence on the complex anthropological and psychological dimensions of human sacrifice are reflected upon.

  • Document type Article
  • Countries list India
  • Themes list Hanging,

Document(s)

The Death Penalty: Myths and Realities

By Penal Reform International, on 1 January 2015


2015

NGO report


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The Penal Reform International’s Report “Myths and Realities” provides ‘quick answers to common questions’ about the death penalty.The ‘myths’ covered include: ‘The death penalty keeps societies safer’, ‘the death penalty is applied fairly’, ‘there is nothing in international law to stop countries using the death penalty’, and ‘victims and relatives are in favour’. The booklet is a useful guide for activists and advocates of abolition, giving them the arguments they need to tackle common pre- and misconceptions.

  • Document type NGO report
  • Themes list Public opinion, Death Penalty,

Document(s)

Fighting for clients’ lives: the impact of the death penalty on defence lawyers

By Susannah Sheffer / Penal Reform International, on 1 January 2014


2014

Working with...


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How are lawyers affected by defending death penalty cases, where failure means execution? And how do they respond when their clients are killed?This briefing paper, written by Susannah Sheffer and drawing on her book Fighting for their lives, showcases the voices of the lawyers themselves to demonstrate the profound and long-lasting impacts that the death penalty can have on those indirectly affected by it.

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

Document(s)

Debating the death penalty: should America have capital punishment? : the experts on both sides make their case

By Hugo Adam Bedau / Stephen B. Bright / Joshua K. Marquis / Bryan Stevenson / Louis P. Pojman / Alex Kozinski / Paul G. Cassell / Oxford University Press / George Ryan, on 1 January 2004


2004

Book

United States


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This book contains contributions from judges, attorneys, and academicians on both sides of the death penalty question. The grounds advanced for justification of capital punishment–including deterrence, retribution, and closure for victims’ families–are considered. Whether life imprisonment is adequate to address these concerns is also debated. Other issues include whether racial minorities or indigent defendants are disproportionately executed, whether the penalty is otherwise arbitrarily applied, and what risks exist regarding the execution of an innocent person.

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

Document(s)

THE DEATH PENALTY, EXTRADITION, AND THE WAR AGAINST TERRORISM: U.S. RESPONSES TO EUROPEAN OPINION ABOUT CAPITAL PUNISHMENT

By Kathryn F. King / Buffalo Human Rights Law Review, on 1 January 2003


2003

Article


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This article gives insight into the different opinions held by the US and Europe in terms of the death penalty. The interplay between terrorism, the death penalty and extradition is also examined.

  • Document type Article
  • Themes list Extradition, Terrorism,

Document(s)

The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

By David T. Johnson / Franklin E. Zimring / Oxford University Press, on 1 January 2009


2009

Book

China


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Authors David Johnson, an expert on law and society in Asia, and Franklin Zimring, a senior authority on capital punishment, utilize their research to identify the critical factors affecting the future of the death penalty in Asia. They found that when an authoritarian state experienced democratic reform, such as in Taiwan and South Korea, the rate of executions dropped sharply. Johnson and Zimring also found that politics, instead of culture or tradition, is the major obstacle to the end of capital punishment in Asia.

  • Document type Book
  • Countries list China

Document(s)

Life after death: What replaces the death penalty?

By Penal Reform International, on 1 January 2012


2012

NGO report


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Report from PRI that analyzes how there has been a global trend towards the universal abolition of the death penalty and a restriction in the scope and use of capital punishment over the last fifty years.

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

Document(s)

The Death Penalty for Drug Crimes in Asia

By World Coalition Against the Death Penalty / Fédération Internationale des Ligues des Droits de l'Homme (FIDH), on 1 January 2015


2015

NGO report


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The report, published for the 13th World Day against the Death Penalty, analyzes how the death penalty is applied for drug-related crimes in Asia, evaluates the most common arguments used by governments to justify their use of this inhumane and illegal measure, and exposes why these arguments are unjustified. Asia is the continent that executes the most people for drug-related crimes. However, the death penalty has not proven to be effective in reducing drug crimes in Asia.

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

Document(s)

: The Right Way: More Republican lawmakers championing death penalty repeal

By Conservatives Concerned About the Death Penalty, on 8 September 2020


2020

NGO report

United States


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At a press conference in Washington, DC, Conservatives Concerned About the Death Penalty released a new report that shows the surge in the number of Republican lawmakers who sponsored death penalty repeal legislation at the state level. The report – called The Right Way – looked at all death penalty repeal bills filed since 2000, using the increase in sponsorships as a measure for growing Republican leadership on the issue.

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

Document(s)

Families of Murder Victims Oppose the Death Penalty

By California People of Faith Working Against the death penalty, on 8 September 2020


Working with...


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The San Diego chapter of California People of Faith Working Against the DeathPenalty educates and mobilizes faith communities to act to abolish the death penalty in California. We are a nonpartisan, statewide, interfaith organization. As communities of faith, we join together to take responsibility for the killing of our citizens by the State of California. As people of faith, we know that the God/Wisdom of all faiths calls us to something more: a high and often difficult standard of love, forgiveness and justice that is rooted not in retribution but rather in redemption and restoration. The death penalty denies the sacredness of human life. Spiritually, the death penalty diminishes us all. As we invest in vengeance in this society, we divest ourselves of compassion. As we support retribution, we neglect restorative justice. We cannot be a community of compassion and unity if we choose to destroy one another. And we should not allow the State to do it for us.

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

Document(s)

The High Cost of the Death Penalty

By Death Penalty Focus, on 8 September 2020


Arguments against the death penalty


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A fact sheet on the cost of the death penalty in the United States. Life emprisonment without parole is suggested.

  • Document type Arguments against the death penalty
  • Themes list Transparency, Death Penalty, Financial cost,

Document(s)

Uzbekistan: ‘Justice only in heaven’ – the death penalty in Uzbekistan

By Amnesty International, on 8 September 2020


NGO report

Uzbekistan


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This document reports on the use of the death penalty in Uzbekistan. It looks at the scope of the death penalty and the current hurdles to its abolition. The report also examines those factors which commonly lead to judicial error – the use of arbitrary detention and torture, unfair trials and corruption.The latter part of the report looks at the conditions for prisoners on death row and the suffering inflicted by the state on the families of those sentenced to death.

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

Document(s)

The Role of Organized Religions in Changing Death Penalty Debates

By Michael L. Radelet / William and Mary Bill of Rights Journal, on 1 January 2000


2000

Article


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In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation’s progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty’s efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that retribution’s moral, rather than empirical, base makes it an issue largely within the purview of religious denominations, the traditional source of a community’s moral authority. Professor Radelet predicts that religious leaders’ increasing opposition to the flawed administration of the death penalty, rather than their lesser support for the abstract concept of capital punishment, will tip the balance toward its abolition in America.

  • Document type Article
  • Themes list Religion ,

Document(s)

Slow march to the gallows: Death penalty in Pakistan

By International Federation for Human Rights (FIDH) / Anne-Christine Habbard, on 1 January 2007


2007

NGO report


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Pakistan ranks among the countries in the world which issue the most death sentences: currently, over 7,400 prisoners are lingering on death row. In recent years, Pakistan has witnessed a significant increase in charges carrying capital punishment, in convictions to death, as well as in executions. The HRCP and FIDH find that the application of death penalty in Pakistan falls far below international standards. In particular, they find that, given the very serious defects of the law itself, of the administration of justice, of the police service, the chronic corruption and the cultural prejudices affecting women and religious minorities, capital punishment in Pakistan is discriminatory and unjust, and allows for a high probability of miscarriages of justice, which is wholly unacceptable in any civilised society, but even more so when the punishment is irreversible. At every step, from arrest to trial to execution, the safeguards against miscarriage of justice are weak or non-existent, and the possibility that innocents have been or will be executed remains frighteningly high.

  • Document type NGO report
  • Themes list Due Process , Discrimination,

Document(s)

THE PEOPLE’S REPUBLIC OF CHINA – The Death Penalty in 2000

By Amnesty International, on 8 September 2020


2020

NGO report

China


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The attached report analyses the use of the death penalty in China in 2000 and examines sentencing patterns and the legislation behind the death penalty in China.

  • Document type NGO report
  • Countries list China
  • Themes list Networks, Statistics,

Document(s)

The Death Penalty in the OSCE Area 2012

By Organization for Security and Co-operation in Europe (OSCE), on 1 January 2012


2012

International law - Regional body


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This paper updates The Death Penalty in the OSCE Area: Background Paper 2011. It is intended to provide a concise update to highlight changes in the status of the death penalty in OSCE participating States since the previous publication and to promote constructive discussion of this issue.

  • Document type International law - Regional body
  • Themes list Trend Towards Abolition,

Document(s)

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

By United Nations, on 8 September 2020


2020

United Nations report

arruzh-hantesfr
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The present report contains information covering the period from June 2008 to July 2009, and draws attention to a number of phenomena, including the continuing trend towards abolition, the practice of engaging in a national debate on the death penalty, and the ongoing difficulties in gaining access to reliable information on executions.