INDEX

This publication seeks to make visible the gender and intersectional discrimination faced by women in the judicial process leading to the death penalty. Through the various articlesin this publication, the authors bring to light the reality of women facing the death penalty through a different lens.

The first author, Shekinah Bright Kiting’a, in making a compelling case for abolition of the death penalty, explores how the death penalty uniquely affects women in the context of motherhood. Further, she highlights the rights and well-being of the children affected by their mothers’ death sentences, revealing flaws in our legal and ethical systems. With the overall aim of advocating for its abolition due to its significant impact on both parenthood and children’s rights, her article seeks to push for reforms that honour motherhood and prioritize children’s well-being in these difficult circumstances.

Kenaya Komba dissects gender disparity in the judicial system by exploring the intersection of domestic violence and the death penalty. In making a case for a restorative approach to justice, her article analyses the impact of capital punishment on victims of domestic violence and the systemic injustice and biases they continue to grapple with. Her elaborate analysis of the Constitution of Kenya, 2010 and the Protection Against Domestic Violence Act, 2016, highlights the urgent need for reform in the legal system.

While Analyzing the role the media plays in shaping perceptions of women on death row, Patricia Chepkirui evaluates the implications of positive and negative media portrayals of such women by highlighting the ethical responsibilities of media in the coverage of women on death row cases. The article ultimately underscores the significance of responsiblemedia coverage in ensuring that media exposure of cases of women on death row is fair,balanced, and respectful of their rights and dignity.

Alex Tamei delves into the intricacies of abuse, gender-based violence, and trauma as mitigating factors in death penalty sentencing for women. His article comparatively analyses two Kenyan cases of murder in retaliation to intimate partner violence, seeking to shed light on the plight of victims of gender-based violence. The article effortlessly brings out the nexus between the death penalty and intimate partner violence and makessolid recommendations for change.

The fifth author, Patience Chepchirchir, delves into the nexus between psychological abuse and provocation. Through her article, she brings out the scope of psychological abuse while focusing on the linkage between emotional abuse and provocation and how the same can be considered as mitigating factors. Through an elaborate analysis of case law, she makes a case for psychological abuse of women as a mitigating circumstance during sentencing.

Stella Cherono’s article reflects on the intersectional discrimination faced by women in the criminal trial process leading to death row. The article highlights the complex and overlapping forms of discrimination women experience during the pretrial, trial and sentencing stages. Through her comprehensive analysis of gendered pathways to offending and imprisonment, she challenges how society perceives discrimination.

Loraine Koskei Interrogates the emerging jurisprudence on Intimate Partner Violence.Her article lays out the gendered factor in the commissioning and sentencing of women convicted of murder and offers possible recommendations.

• Document type NGO report
• Countries list Kenya
• Themes list Death Row Conditions / Fair Trial / Gender / Women
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Published on December 01, 2023.

Innocence cases dominated much of the media’s attention on death penalty cases in 2023. While these prisoners were largely unsuccessful in the courts, there was unprecedented support for their claims from state legislators, prosecutors, judges, and other elected officials, some of whom declared themselves newly disillusioned with use of the death penalty in their state. This year is the 9th consecutive year with fewer than 30 people executed (24) and fewer than 50 people sentenced to death (21, as of December 1). The 23 men and one woman who were executed in 2023 were the oldest average age (tied with 2021) and spent the longest average number of years in prison in the modern death penalty era before being executed. As in previous years, most prisoners had significant physical and mental health issues at the time of their executions, some of which can be attributed to the many years they spent in severe isolation on death row. Continued difficulties obtaining lethal injection drugs led some states to explore new, untested methods of execution or revive previously abandoned methods. Other states enacted or continued pauses on executions while the state’s method of execution was studied.

• Document type NGO report
• Countries list United States
• Themes list Public Opinion
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Published in December 2023.

In “Death by Design” Parts 1 and 2, Wren investigated the state of court-appointed capital representation in Harris County—the death penalty capital of the world. The second report examines why that poor representation has thrived, and the ways that the judges overseeing those cases have enabled it to continue that way.

Wren recommends a total overhaul to the system of capital representation for poor defendants in Harris County, with either the public defender absorbing those cases or the judges establishing a new, freestanding capital public defender that is independent from judicial oversight.

• Document type NGO report
• Countries list United States
• Themes list Legal Representation
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Published in December 2023.

In “Death by Design” Parts 1 and 2, Wren investigated the state of court-appointed capital representation in Harris County—the death penalty capital of the world.The first report delves into the failings of the lawyers in capital cases.

Wren recommends a total overhaul to the system of capital representation for poor defendants in Harris County, with either the public defender absorbing those cases or the judges establishing a new, freestanding capital public defender that is independent from judicial oversight.

• Document type NGO report
• Countries list United States
• Themes list Legal Representation
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Published on 22 January، 2024.

The European Saudi Organization for Human Rights views 2023 as a year that demonstrated Saudi Arabia’s inconsistency in using the death penalty. Besides the unexplained shift in the types of executed sentences, the implementation of death sentences for drug-related charges, and the disregard for international legal opinions, the high numbers indicate Saudi Arabia’s determination to use the death penalty without restraint.

In Saudi Arabia in 2023, 172 executions were carried out according to data from the Ministry of Interior published by the official news agency. The number of executions increased by 15% compared to the figure announced by the Ministry of Interior in 2022, where 147 sentences were reported, despite the mass execution of 81 individuals in 2022.

• Document type NGO report
• Countries list Saudi Arabia
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In 2021, the 19th edition of the World Day Against the Death Penalty (“World Day” on October 10) was dedicated to the invisible reality of women on death row, paving the way for new data on the issue of women sentenced to death. Many members of the World Coalition Against the Death Penalty (“World Coalition”), in preparation for 10 October, conducted research to document the situations of women facing the death penalty around the world. To systematize the information collected and have a global understanding of women sentenced to death, the World Coalition conducted a data systematization exercise.
This short report presents the main conclusions of this country exercise. These findings are a compilation of existing data available to the World Coalition Against the Death Penalty and its members organization up to December 2022.

• Document type NGO report
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• Themes list Gender
• Available languages Cartographie de données : les femmes dans le couloir de la mort

ICDP announces the launch of its latest report: Children, Youth and the Death Penalty. The issue of how the death penalty affects children and youth is often ignored by policy makers. This report aims to change that by putting the protection of children’s rights at the center of the debate on the death penalty.

The report builds on the panel discussion titled “Youth and the Death Penalty,” which was organized by the International Commission against the Death Penalty (ICDP) and the Government of Australia. The discussion was held on 29 June 2022, at the sidelines of the 50th session of the UN Human Rights Council, in Geneva.

• Document type NGO report
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• Themes list Juveniles
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This report explores the current issues with capital punishment in Tennessee through a historical lens, tracing the origins of the use of the death penalty from lynchings and other forms of racial violence directed at Black Tennesseans. The stories of individuals and communities that have interacted with different facets of Tennessee’s justice system throughout history suggest that, in many ways, even though centuries have passed, the experiences of discrimination toward Tennessee’s communities of color continue. A meaningful understanding of the state’s history and its legacy of violence and racism is essential to avoid repeating the mistakes of the past.

• Document type NGO report
• Countries list United States
• Themes list Fair Trial
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Utafiti wa Amnesty International kuhusu matumizi ya adhabu ya kifo mwaka wa 2022 ulionyesha kwambakulikuwa na ongezeko kubwa la idadi ya watu wanaojulikana kuwa walinyongwa duniani, likiwemo ongezekokubwa la watu walionyongwa kutokana na makosa yanayohusiana na dawa za kulevya

• Document type NGO report
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This report covers the judicial use of the death penalty for the period January to December 2022. Amnesty International reports only on executions, death sentences and other aspects of the use of the death penalty, such as commutations and exonerations, where there is reasonable confirmation. In many countries governments do not publish information on their use of the death penalty.

• Document type NGO report
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• Available languages 2022 منظمة العفو الدولية أحكام وعمليات الإعدام فيInforme Global de Amnistía Internacional : Condenas a muerte y ejecuciones 2022Amnesty International Rapport Mondial : Condamnations à mort et exécutions 2022國際特赦組織 2022全球死刑報告