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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

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

In this report, we summarise the current international position on clemency and the death penalty and compare it to snapshots of the clemency processes in the following Southeast and East Asian countries: Thailand, Malaysia, Singapore, Indonesia, Vietnam, Japan, Taiwan, and China. All references to clemency in this paper are in the context of reprieve from the death penalty.

• Document type NGO report
• Countries list China / Indonesia / Japan / Malaysia / Singapore / Taiwan / Thailand / Viet Nam
• Themes list Clemency

Harm Reduction International has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our eleventh on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which is a clear violation of international law.
The Death Penalty for Drug Offences: Global Overview 2021 found that: 1) 35 countries still retain the death penalty for drug offences 2) At least 131 people were executed for drug offences in 2021 – a 336% increase from 2020. However, due to a severe lack of transparency, if not outright censorship, this is only a partial picture. This figure likely represents only a fraction of all drug-related executions carried out globally.

• Document type NGO report
• Themes list Drug Offenses

Cuba has maintained a de facto moratorium on the imposition of the death penalty since its last reported execution in 2003. In 2010, Cuba’s Supreme Court commuted the death sentence of Cuba’s last remaining death row inmate. As of the date of this report, there is no record of an individual currently sentenced to death. Although a de facto moratorium is in place, Cuba has not committed to a de jure abolition of the death penalty, citing national security concerns.

• Document type NGO report / World Coalition
• Countries list Cuba
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment

This report provides an update to the coauthors’ report at the List of issues stage and responds to the State party’s responses to the Committee’s questions in the List of issues that touch on the death penalty.

• Document type NGO report / World Coalition
• Countries list Iraq

Kenya has not carried out any executions since the late 1980s. Nonetheless, Kenya continues to hand down the death penalty as a sentence in criminal cases. Accordingly, this report recommends that the Committee Against Torture recommend that Kenya formally abolish the death penalty, commute the sentences of all persons on death row, and revise laws to remove capital punishment from the list of principal sentences. Kenya should further take steps to prohibit introduction of evidence obtained through torture and ill-treatment in criminal proceedings and to ensure that all persons at risk of being sentenced to death have access to well-qualified legal counsel with adequate funding for a thorough pre-trial investigation. Kenya should ensure that no person is removed to a country where they may be at risk of being sentenced to death, and should take concrete steps to ensure that conditions of detention for persons under sentence of death comply with the Nelson Mandela Rules.

• Document type NGO report / World Coalition
• Themes list Cruel, Inhuman and Degrading Treatment and Punishment