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The compendium’s aim is to assist national judges, prosecutors and lawyers from the 46 member states of the Council of Europe to deal with extradition or deportation cases when there is a risk of the death penalty being imposed in third countries or of extrajudicial execution. It also aims at enabling legal professionals from countries where the death penalty still exists to develop arguments based upon the reasoning of the case law of the European Court of Human Rights. It contains relevant extracts from the Court’s case law, structured in a user-friendly way.

• Document type International law - Regional body
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• Themes list Legal Representation
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In 2019-20, The Department of Law at the University of Dhaka, in collaboration with the Bangladesh Legal Aid and Services Trust (BLAST) and The Death Penalty Project, conducted a study to investigate socio-economic characteristics and experiences of death row prisoners in Bangladesh.

Bangladesh continues to retain and implement the death penalty, with several executions taking place each year. Excluding laws relating to the defence forces and international crimes, there are currently 33 crimes punishable by death. 25 of these offences are non-lethal and arguably do not meet the threshold of the ‘most serious crimes’ under international law.

Inspired by similar studies in other countries, a pilot study was commissioned to examine the demographics and experiences of those sentenced to death. Consistent with those studies around the world, our findings evidence that the death penalty in Bangladesh is disproportionately used against the most vulnerable and marginalised sections of society.

72% of prisoners were classified as economically vulnerable
53% of prisoners were in low-paid work or unemployed
87% of prisoners had no qualifications beyond secondary school level
15% of prisoners had no formal education.

The study also raised serious concerns around the treatment of prisoners, the length of time prisoners spent in prison under the sentence of death and the integrity of criminal investigations and trial.

33% of prisoners’ families alleged their relative had been tortured in police custody, 5% suspected this and 15% refused to comment
60% of respondents were not satisfied with the trial process, with some claiming that the courts had failed to properly appreciate the evidence
On average it took over 10 years for death row cases to be disposed by the HCD (where sentences are confirmed). Prolonged time spent in isolation on death row, has been declared inhumane and degrading in many countries.

The sample consisted of 39 individuals on death row, evidence from their case files and face-to-face interviews with their families were conducted under rigorous ethical guidelines to reveal their profiles and experiences. Despite its small size, the sample is indicative of the general prison population allowing us to draw conclusions on possible trends.

• Document type Academic report / NGO report
• Countries list Bangladesh
• Themes list Death Row Conditions
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1. This report addresses the Philippines’ compliance with its international human rights
obligations with respect to the death penalty. For years, the Philippines imposed the death
penalty, particularly for so-called heinous crimes. In 2006, President Gloria MacapagalArroyo abolished the death penalty.1 Since then, however, lawmakers have introduced
numerous bills to reinstate the death penalty, with the House adopting Bill No. 7814 as
recently as March 2, 2021.2

2. The report examines the current state of the death penalty in the Philippines, including (1)
acceptance of international norms; (2) proposed legislation reintroducing the death penalty;
(3) torture and cruel, inhuman, or degrading treatment in enforcing drug control; (4)
conditions of detention; and (5) administration of justice and fair trial.

3. This report recommends that the Philippines continue the abolition of the death penalty,
refrain from reintroducing the death penalty, honor its international commitments, and
implement a human rights-based approach to anti-drug policy

• Document type NGO report / World Coalition
• Countries list Philippines
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Pakistan’s criminal justice system fails to provide meaningful protection to persons suffering from mental illness at all stages of arrest, trial, sentencing and detention. Under Pakistani law, a person of unsound mind is unable to form criminal intent and therefore is not subject to punishment. Despite this, a disproportionate number of mentally ill prisoners are currently in Pakistan’s jails and on death row.

In light of the above, JPP, in collaboration with Monash University Australia, is launching a report titled “Trapped Inside: Mental Illness & Incarceration”, a comprehensive review of Pakistani law and practice with regards to mentally ill prisoners and defendants. This report seeks to help relevant stakeholders to better understand and respond appropriately to the mental health needs of individuals across the criminal justice system. It focuses on the steps stakeholders can take to promote and protect mental health and well-being of individuals at each stage. The report also explores last year’s landmark ‘Safia Bano’ judgement by Pakistan’s Supreme Court, which commuted the death sentences of two mentally ill death row prisoners, banned the execution of prisoners with psycho-social disabilities and set key safeguards for the same.

• Document type NGO report
• Countries list Pakistan
• Themes list Mental Illness
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In 2021, The Death Penalty Project and the Taiwan Alliance to End the Death Penalty (TAEDP) commissioned Professor Carolyn Hoyle at the University of Oxford and Professor Shiow-duan Hawang at Soochow University, Taipei to carry out a study exploring Taiwanese legislators’ attitudes towards capital punishment.

The study reveals that the majority of Taiwan’s legislators would like to see the death penalty abolished. The risk of wrongful convictions, the abuse of human rights and a recognition that the death penalty has no unique deterrent effect, were the primary reasons cited for supporting abolition. Additionally, a majority of legislators interviewed expressed fairly low levels of trust in the Taiwanese criminal justice system, with doubts raised over its ability to offer adequate safeguards to individuals facing capital trials.

Key findings:

– 61% of legislators interviewed are in favour of abolishing the death penalty
– 39% of legislators interviewed are in favour of retaining the death penalty, but only one legislator was strongly in favour
– 71% of retentionists and 65% of abolitionists asserted that wrongful convictions ‘sometimes’ occurred
– Only 11% of legislators interviewed thought that wrongful convictions ‘rarely’ occur
– All legislators interviewed expressed a preference for social justice measures, such as poverty reduction, over increased executions when asked to rank a range of policies aimed at reducing violent crime

• Document type NGO report
• Countries list Taiwan
• Themes list Public Opinion
• Available languages 台灣立法委員對死刑 之意見調查

Although other countries have largely rejected the felony murder doctrine, 48 states, the District of Columbia, and the federal government still use these laws. Felony murder laws compel harsh decades-long – or even life – sentences even when the individual charged did not directly cause or intend the loss of life.

This report evaluates the legal and empirical foundation, and failings, of the felony murder rule, profiles impacted individuals, and highlights recent reform efforts in 10 jurisdictions. Key findings include:

1. Felony murder laws widen the net of extreme sentencing and are counterproductive to public safety.
2. Felony murder laws have particularly adverse impacts on people of color, young people, and women.
3. Existing reforms must be expanded to achieve justice.

• Document type NGO report
• Countries list United States
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