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How States Abolish the Death Penalty 29 Case-Studies

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How States Abolish the Death Penalty 29 Case-Studies HOW STATES ABOLISH THE DEATH PENALTY 29 CASE-STUDIES SECOND EDITION MAY 2018 HOW STATES ABOLISH THE DEATH PENALTY 2 HOW STATES ABOLISH THE DEATH PENALTY TABLE OF CONTENT Glossary ........................................................................................................................................................4 Foreword by Foreign Minister Alfonso Dastis ......................................................................................5 Message by ICDP President Navi Pillay ..................................................................................................7 Introduction ............................................................................................................................................... 10 Review of selected countries ............................................................................................................... 14 Argentina .............................................................................................................................................. 14 Australia ............................................................................................................................................... 15 Benin ..................................................................................................................................................... 16 Cambodia ............................................................................................................................................. 19 Congo, Republic of the ...................................................................................................................... 21 Fiji ........................................................................................................................................................... 21 France ................................................................................................................................................... 22 Germany ............................................................................................................................................... 24 Guatemala ........................................................................................................................................... 27 Guinea ................................................................................................................................................... 29 Haiti ....................................................................................................................................................... 30 Kazakhstan .......................................................................................................................................... 31 Kyrgyzstan ........................................................................................................................................... 32 Madagascar ......................................................................................................................................... 33 Mexico ................................................................................................................................................... 35 Mongolia ............................................................................................................................................... 37 New Zealand ........................................................................................................................................ 38 Philippines, the.................................................................................................................................... 39 Portugal ................................................................................................................................................ 42 Rwanda ................................................................................................................................................. 43 Senegal ................................................................................................................................................. 44 South Africa ......................................................................................................................................... 46 Spain ...................................................................................................................................................... 48 Suriname .............................................................................................................................................. 50 Togo ....................................................................................................................................................... 51 Turkey ................................................................................................................................................... 52 United States of America................................................................................................................. 54 Connecticut ................................................................................................................................... 56 Maryland ......................................................................................................................................... 56 New Mexico .................................................................................................................................... 58 Uzbekistan ........................................................................................................................................... 59 Lessons learnt from the experiences of states in abolishing the death penalty .................... 61 The International Commission against the Death Penalty ............................................................ 64 Sources and Acknowledgments .......................................................................................................... 66 3 HOW STATES ABOLISH THE DEATH PENALTY GLOSSARY ASEAN Association of Southeast Asian CONCEPT & DEFINITION Nations Abolitionist for all crimes: The countries AU African Union whose laws do not provide for the death pe- CSO Civil Society Organization nalty for any crime. (Amnesty International) ECHR European Court of Human Rights ECOWAS Economic Community of West Abolitionist for ordinary crimes: The coun- African States tries whose laws provide for the death penal- EU European Union ty only for exceptional crimes, such as crimes HRC Human Rights Committee under military law or during war. ICCPR International Covenant on Civil (Amnesty International) and Political Rights ICCPR-20P Second Optional Protocol to Abolitionist de facto: Countries which re- or Second the ICCPR, aiming at the aboli- tain the death penalty in law but have not ca- Optional tion of the death penalty rried out executions during the past 10 years Protocol and more. ICDP International Commission against the Death Penalty Retentionist: Countries that retain the ICTR International Criminal Tribunal death penalty in law for ordinary crimes at all for Rwanda times, including in times of peace. NGO Non-Governmental Organization UN United Nations Official Moratorium on Executions: A pu- UNHRC UN Human Rights Council blic commitment made by the highest politi- UNGA United Nations General cal authorities, which officially suspends the Assembly implementation of death sentences. UNGA UNGA Resolution adopted by Resolution the General Assembly on 18 oe A/RES/ December 2007, calling for a 62/149 moratorium on executions. UPR Universal Periodic Review 4 HOW STATES ABOLISH THE DEATH PENALTY FOREWORD BY FOREIGN MINISTER ALFONSO DASTIS Spain firmly opposes the death penalty and considers it an expression of a failure of the State and an inhuman attack to life. Human dignity and the respect for human life are cornerstones of Spanish society. A member of the Council of Europe, where abolition is a key requisite, Spain was present at the foundation in 2010 of the International Commission against the Death Pe- nalty (ICDP), and proudly hosts its headquarters in Madrid. We also work hand in hand with 18 other countries in the Support Group of the ICDP as we consider our fight against the death penalty to be a global one. This publication is equally global. It explains how the transition of 27 States from death penal- ty to abolition took place in very different political and historical contexts. And how despite these contrasts, the measures adopted by them to advance towards abolition and the resis- tances met were very similar in all cases. This confirms that the choice to abolish the death penalty is not determined by specific circumstances. It is just a matter of willingness: whene- ver there is willingness, the means to achieve abolition are at hand. Furthermore, we have the support of facts in our struggle. It is a fact that those countries which still use the death penalty are not safer than those which do not, rather the contrary. And Spain being a pioneer in the protection of victims, we know that they and their relatives are relieved not by vengeance, but by our continuous support and assistance. We must then pursue a better life for the victims, not the death for the convicted. Fortunately, data are clear: they all express a clear trend towards abolition, which has been embraced by more than two thirds of countries in the World. It is not by chance that this pu- blication doubles the number of countries of the previous edition
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