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Your search “ ”


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Document(s)

South Korea’s changing capital punishment policy: The road from de facto to formal abolition

By Byung-Sun Cho / Punishment and Society, on 8 September 2020


2020

Article


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Republic of Korea


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The most recent executions in South Korea took place in December 1997, when 23 people were executed at short notice on the same day. Similarly, nineteen executions occurred in 1995 and 15 in 1994, in each instance occurring all on the same day. These group executions seem to reflect cultural factors that monthly statistics alone do not capture. No executions have occurred since 1998, but this de facto suspension has not been reinforced by law. Since 1999, lawmakers have thrice endorsed a bill favoring life imprisonment without parole in place of the death penalty, but each time the proposal has stalled and failed to move forward. The need remains to develop a culturally appropriate pro-abolition argument that could persuade the Korean public that the death penalty is unworkable and wrong. On 21 January 2007, in the Inhyeokdang case, the Korean Court acquitted 8 persons who had been executed 32 years earlier. The hope is that, in light of strong arguments based on the risk to innocent persons and the irreversibility of capital punishment, Korea will effectively transition from de facto to formal abolition.

  • Document type Article
  • Countries list Republic of Korea
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  • Themes list Trend Towards Abolition,
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Document(s)

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

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


Article


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Taiwan


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

  • Document type Article
  • Countries list Taiwan
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  • Themes list Networks,
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Document(s)

Not “Waiving” But Drowning: The Anatomy of Death Row Syndrome and Volunteering for Execution

By Amy Smith / Boston University Public Interest Law Journal, on 8 September 2020


Article


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United States


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Within the international community, other countries have recognized the potential for harm caused by our current system, and as a result have refused to extradite back to the United States individuals who might face the death penalty. These countries cite not only the possibility of execution as reason for refusal, but the waiting process which attends that death as a separate, independent violation of human rights. If we remain unpersuaded by the international community, the behavioral trends of those individuals awaiting execution are telling as well. Within one week in 2008, two individuals awaiting death in Texas committed suicide, reflecting the heightened suicide rates on death row, estimated at ten times greater than those in society at large and several times greater than those in a general prison population. In addition, the widely-recognized practice of “volunteering” for execution permits condemned inmates to waive their state and federally mandated rights to appeal in order to speed up the execution process, in essence “volunteering” to be executed.

  • Document type Article
  • Countries list United States
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  • Themes list Death Row Phenomenon, Extradition,
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Document(s)

Note verbale dated 11 January 2008 from the Permanent Missions to the United Nations of Afghanistan, Antigua and Barbuda, […] and Zimbabwe addressed to the Secretary-General

By United Nations, on 8 September 2020


United Nations report


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Afghanistan

Antigua and Barbuda

Bahamas

Bahrain

Bangladesh

Barbados

Botswana

Brunei Darussalam

Central African Republic

China

Comoros

Democratic People's Republic of Korea

Dominica

Egypt

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Grenada

Guinea

Guyana

Indonesia

Iran (Islamic Republic of)

Iraq

Jamaica

Japan

Jordan

Kuwait

Lao People's Democratic Republic

Libya

Malaysia

Maldives

Mauritania

Mongolia


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Moratorium

Myanmar

Nigeria

Oman

Pakistan

Papua New Guinea

Qatar

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Saudi Arabia

Singapore

Solomon Islands

Somalia

Sudan

Suriname

Syrian Arab Republic

Thailand

Tonga

Trinidad and Tobago

Uganda

United Arab Emirates

Yemen

Zimbabwe


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The Permanent Missions to the United Nations in New York listed below present their compliments to the Secretary-General of the United Nations and have the honour to refer to resolution 62/149, entitled “Moratorium on the use of the death penalty”, which was adopted by the Third Committee on 15 November 2007, and subsequently by the General Assembly on 18 December 2007 by a recorded vote. The Permanent Missions wish to place on record that they are in persistent objection to any attempt to impose a moratorium on the use of the death penalty or its abolition in contravention to existing stipulations under international law, for the following reasons:

Document(s)

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

By United Nations General Assembly, on 8 September 2020


International law - United Nations


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Resolution adopted by the General Assembly [on the report of the Third Committee (A/62/439/Add.2)] 62/149. Moratorium on the use of the death penalty

Document(s)

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

By United Nations General Assembly, on 8 September 2020


International law - United Nations


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Resolution adopted by the General Assembly [on the report of the Third Committee (A/63/430/Add.2)] 63/168. Moratorium on the use of the death penalty

Document(s)

Moratorium on the use of the death penalty. Report of the Secretary-General (2008)

By United Nations, on 8 September 2020


United Nations report


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The present report surveys respect for the rights of those sentenced to death as set out in the international human rights treaties and the guidelines established by the Economic and Social Council in 1984. Drawing on contributions of Member States, the report surveys various motivations for establishing a moratorium on or abolishing the death penalty, as well as those for retaining the death penalty. It also includes up-to-date statistical information on the worldwide use of the death penalty, including moratoriums established in States that have not abolished this form of punishment, together with relevant developments since the sixty-second session of the General Assembly. The report concludes by confirming the global trend towards abolition of the death penalty, the important role played by moratoriums in those States that seek to abolish it and possibilities for further work on the issue.

Document(s)

India: Lethal Lottery: The Death Penalty in India – A study of Supreme Court judgments in death penalty cases 1950-2006

By Amnesty International / Bikram Jeet Batra, on 8 September 2020


NGO report


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India


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The report shows that contrary to the majority Bench’s views and intentions in Bachan Singh, errors and arbitrariness have not been checked by the safeguards in place, and no small role in this has been played by the judges themselveswho have rarely adhered to the requirements laid down in Bachan Singh, making it clear that it is commonly the judge’s subjective discretion that eventually decides the fate of the accused-appellant.

  • Document type NGO report
  • Countries list India
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  • Themes list Due Process , Statistics,
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Document(s)

The Death Penalty in Japan: The Law of Silence – Going Against the International Trend

By Florence Bellivier / International Federation for Human Rights (FIDH) / Dan Van Raemdonck / Jiazhen Wu, on 8 September 2020


NGO report


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Japan


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fr
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This report is the outcome of a fact-finding mission conducted by FIDH in July 2008, in order to assess the measures taken by the Japanese government to implement the recommendations made by a previous investigation, conducted in 2003.The conclusions of the report are appalling. According to Florence Bellivier, General Secretary of FIDH “Japan continues to condemn criminals to death, and incarcerate them up for decades, in prisons where secrecy and isolation are commonplace, in total disregard of the world opinion”. In addition, the rhythm of the executions has accelerated over the recent years. “2008 has been a record year, with more executions this year than in any other of the last fifteen years. We are witnessing a real step backwards” added Dan Van Raemdonck, Vice-President of FIDH. Thirteen persons have been executed since the beginning of the year, and 102 are currently on death row. There has not been a single retrial of a death penalty case since 1986, and no convicted prisoner has been pardoned since 1975.

  • Document type NGO report
  • Countries list Japan
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  • Themes list Transparency, Country/Regional profiles,
  • Available languages La peine de mort au Japon: la loi du silence - À contre-courant de la tendance internationale

Document(s)

Viêt Namese : Những biến chuyển về mặt Pháp Lý về sự riêng tư trên Internet và quyền tự do ngôn luận ảnh hưởng đến công việc và sự an toàn của những nhà Đấu Tranh Nhân Quyền toàn cầu.

By Frontline, on 8 September 2020


Academic report


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enes
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Khi emails của chúng ta không đến được người nhận hay khi chúng ta không thể lên được mạng? Chúng ta phản ứng như thế nào về chuyện virus phá hoại các máy vi tính trên thế giới, hay một email tưởng như đến từ một người bạn, yêu cầu mở một hồ sơ đính kèm? Những quyết định thiếu thông tin sẽ dẫn đến sự chọn lựa không hay, và s ựlệ thuộc mù quáng vào khoa học kỹ thuật thường dẫn đến những lỗi lầm đắt giá. Tài liệu này không nhắm tới những thiên tài điện toán. Mục đích của nó là huấn luyện những người sử dụng máy vi tính một cách bình thường và cung cấp họ những giải pháp cho những vấn đề về bảo mật và an toàn trong môi trường điện toán hiện nay.