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Death Penalty MOVING AWAY from the DEATH PENALTY ARGUMENTS, TRENDS AND PERSPECTIVES Moving Away from the Death Penalty: Arguments, Trends and Perspectives MOVING AWAY from the DEATH PENALTY ARGUMENTS, TRENDS AND PERSPECTIVES MOVING AWAY FROM THE DEATH PENALTY: ARGUMENTS, TRENDS AND PERSPECTIVES © 2014 United Nations Worldwide rights reserved. This book or any portion thereof may not be reproduced without the express written permission of the author(s) or the publisher, except as permitted by law. The findings, interpretations and conclusions expressed herein are those of the author(s) and do not necessarily reflect the views of the United Nations. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Editor: Ivan Šimonovi´c New York, 2014 Design and layout: dammsavage studio Cover image: The cover features an adaptation of a photograph of an execution chamber with bullet holes showing, following the execution of a convict by firing squad. Photo credit: EPA/Trent Nelson Electronic version of this publication is available at: www.ohchr.org/EN/NewYork/Pages/Resources.aspx CONTENTS Preface – Ban Ki-moon, UN Secretary-General p.7 Introduction – An Abolitionist’s Perspective, Ivan Šimonovi´c p.9 Chapter 1 – Wrongful Convictions p.23 • Kirk Bloodsworth, Without DNA evidence I’d still be behind bars p.24 • Brandon Garrett, DNA evidence casts light on flaws in system p.30 • Gil Garcetti, In the United States, growing doubts about the death penalty p.39 • Saul Lehrfreund, Wrongful convictions and miscarriages of justice in death penalty trials in the Caribbean, Africa and Asia p.48 Chapter 2 – Myth of Deterrence p.67 • Carolyn Hoyle & Roger Hood, Deterrence and public opinion p.68 Chapter 3 – Discrimination p.85 • Damien Echols, The terrors of prison fade slowly p.87 • Stephen Braga, Damien Echols and the West Memphis Three Case p.91 • Steve Bright, Imposition of the death penalty upon the poor, racial mino- rities, the intellectually disabled and the mentally ill p.99 • Arif Bulkan, The death penalty in the Commonwealth Carribean: Justice out of reach? p.114 • Usha Ramanathan, The death penalty in India: Down a slippery slope p.134 • Alice Mogwe, The death penalty in Botswana: Barriers to equal justice p.154 • Innocent Maja,The death penalty in Zimbabwe: Legal ambiguitites p.164 Chapter 4 – Values p.169 • Mario Marazziti, World religions and the death penalty p.170 • Paul Bhatti, Towards a moratorium on the death penalty p.182 Chapter 5 – Trends and Perspectives p.189 • Salil Shetty, Global death penalty trends since 2012 p.190 • Federico Mayor, Leadership and the abolition of the death penalty p.297 Acknowledgements p.212 PREFACE Today, more than four out of five countries have either abolished the death penalty or do not practice it. Globally, there is a firm trend towards abolition, with progress in all regions of the world. Member States representing a variety of legal systems, traditions, cultures and religious backgrounds have taken a position in favour of abolition of the death penalty. Some States that opposed the abolition of the death penalty in the recent past have moved to abolish it; others have imposed a moratorium on its use. The application of the death penalty appears to be confined to an ever-narrowing minority of countries. Those remaining States cite a number of reasons for retaining the death penalty, including what they see as its deterrent effect; that it is consistent with public opinion; that it is equally applied against all perpetrators; and that there are sufficient judicial safeguards to ensure defendants are not wrongfully convicted. Over the past two years, the Office of the High Commissioner for Human Rights has convened a series of important panel discussions on the death penalty, seeking to address these issues. The events drew the death penalty – wrongful convictions”, New York, 28 June 2013 © UN Photo/Evan Schneider 2013 © UN Photo/Evan 28 June York, New convictions”, the death penalty – wrongful on the experiences of government officials, academic experts and civil United Nations Secretary-General Ban Ki-moon attending OHCHR’s global panel: “Moving away from from away “Moving global panel: United Nations Secretary-General Ban Ki-moon attending OHCHR’s society from various regions which, in recent years, have made progress towards abolition or the imposition of a moratorium. They covered key aspects of the issue, including data on wrongful convictions and the disproportionate targeting of marginalized groups of people. This publication brings together the contributions of the panel members as well as other experts on this subject. Taken as a whole, they make a compelling case for moving away from the death penalty. The death penalty has no place in the 21st century. Leaders across the globe must boldly step forward in favour of abolition. I recommend this book in particular to those States that have yet to abolish the death penalty. Together, let us end this cruel and inhumane practice. “The death penalty has no place in the 21st century. Leaders across the globe must boldly step forward in favour of Ban Ki-moon abolition. I recommend this book in particular to those Secretary-General, United Nations States that have yet to abolish the death penalty. Together, let us end this cruel and inhumane practice.”—Ban Ki-moon 6 7 INTRODUCTION: AN ABOLITIONIST’S PERSPECTIVE Why yet another book on the death penalty? The answer is simple: As long as the death penalty exists, there is a need for advocacy against it. This book provides arguments and analysis, reviews trends and shares perspectives on moving away from the death penalty. As a student in 1977 in the Socialist Federal Republic of Yugoslavia, I was allowed to write my high school graduation essay on the aboli- tion of the death penalty. At the time, Yugoslavia practiced the death penalty and had limited freedom of expression. Against this backdrop, I am especially thankful for the courage and support of my teachers. Much has happened since 1977: Yugoslavia broke up more than 20 years ago, and its successor States have abolished the death penalty. Globally, most countries have gradually been moving away from the death penalty—by reducing the number of crimes punishable by death, introducing additional legal safeguards, proclaiming a morato- rium on executions or abolishing the death penalty altogether. Amnesty International reports that in the mid-1990s, 40 countries were known to carry out executions every year. Since then, this number has halved. About 160 countries have abolished the death Human rights activists light candles in observance of the World Day against the Death Penalty. © EPA/MK Chaudhry © EPA/MK against the Death Penalty. Day World Human rights of the light candles in observance activists penalty in law or in practice; of those, 98 have abolished it altogether. In 2007, when the death penalty moratorium resolution was first adopted by the United Nations General Assembly, it was supported by 104 states. In the most recent vote, in 2012, it was supported by 110 states.1 While this is grounds for optimism, there are also reasons for concern. In 2013, there were at least 778 documented executions in 22 coun- tries. Compared to the numbers for 2012—at least 682 executions in “In the 21st century a right to take someone’s 21 countries—this amounts to a 14 per cent increase in executions, life is not a part of the social contract 1 UN Doc. A/C.3/67/L.44/Rev.1 (15 November 2012); see also “Ban welcomes General Assembly committee’s record vote on death penalty moratorium” (UN News Centre, 21 No- between citizens and a state any more....” vember 2012). — Ivan Šimonovi´c 8 9 as well as an increase in the number of executing countries.2 Can the The United Nations Secretary-General Ban Ki-moon participated in steady global abolitionist trend so far be reversed? four of these events as the keynote speaker, and has provided a pref- ace to this book, which gathers contributions by panellists at these There are reasons to be cautious. Some human rights achievements events and other prominent authorities on issues surrounding the dating back to the early 1990s are currently facing renewed chal- death penalty. lenges.3 Armed conflicts involving non-state actors, triggering ethnic and religious divisions, are proliferating globally. It is still to be seen The views expressed in these articles reflect the personal positions whether these setbacks will affect the trend away from the death pen- of their authors and not necessarily the institutional position of the alty. This book seeks to contribute to efforts to prevent this from Office of the High Commissioner for Human Rights or the United happening. The upcoming vote on the United Nations General Nations. As the editor of the book, I hope that you will find their Assembly resolution for a moratorium on the use of the death pen- ideas interesting and challenging whether you agree with them alty will be an important indicator of the overall direction among or not. Member States. The panels on which this book is based took place in New York, thus In 2012, 35 years after my graduation essay, now as United Nations benefiting from the proximity of a number of top-level death penalty Assistant Secretary-General for Human Rights, I was able to con- experts as well as two victims of wrongful convictions. Nevertheless, tribute to a discussion on the death penalty at the United Nations we are fortunate to be able to present an even larger number of arti- in New York.
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