Review

International Commission against the Death Penalty (ICDP) Review 2010–2012 26 MONTHS Design: Industry Branding 7 October 2010 – 31 December 2012

© 2013 International Commission against the Death Penalty Secretariat of the International Commission against the Death Penalty 15 VISITS ICDP , Gambia, Italy, Japan, Morocco (twice), Rue Rothschild 20 Rwanda, Spain (three times), Switzerland, 1202 Geneva 2010 Tajikistan, Tunisia, USA (California and New York) Switzerland www.icomdp.org Tel: + 41 22 908 44 22 14 MEMBERS Mr Giuliano Amato, Ms Louise Arbour, Mr Robert Badinter, Mr Mohammed Bedjaoui, Ms Ruth Dreifuss, Ms Michèle Duvivier Pierre-Louis, Ms Asma Jahangir, Ms Ioanna Kuçuradi, Ms Gloria Macapagal-Arroyo, Mr Rodolfo Mattarollo, Mr Federico Mayor, Mr Ibrahim Najjar, Mr Bill Richardson, Mr José Luis Rodríguez Zapatero

2 ABOLISHES 2012 Gabon (2010) and Latvia (2012) International Commission against the Death Penalty Review 2010 - 2012 1

2012 Contents

Afghanistan Bangladesh Belarus Botswana China Gambia India 3 4-5 8-9 14 1 3+ 2 2000+ 9 1 Message from the President About ICDP Global concern for abolition Key facts, Who we are, What Summary of positive we do, How ICDP works, The developments in 2012 context in which we work

Iran Japan North Korea Pakistan Palestinian Authority (Gaza) Saudi Arabia 314+ 129+ 7 6+ 1 6 79+ 10-11 14-17 20-23 Notable setbacks in 2012 What we accomplished Our Commissioners What we have accomplished since Commission members and ICDP we were established: our activities Secretariat, Summary Audit Report Somalia Sudan South Sudan Taiwan United Arab Emirates USA Yemen and achievements 2010–2012 6+ 19+ 5+ 6 1 43 28+

Countries and the amount of executions that were carried out in 2012. Source: Amnesty International report “Death Sentences and Executions 2012” International Commission against the Death Penalty Review 2010 - 2012 3

“The death penalty does not make the world a safer place. There exists Message from no conclusive evidence that it deters crime more effectively the President than other punishments. This report describes the International Commission against The most worrying fact about the Death Penalty, its role, its activities, its achievements and the death penalty, however, is the context in which it has been working since its creation the possibility of executing on 7 October 2010 until 31 December 2012. an innocent person.

The global trend towards abolition of the death ICDP is an independent body composed of the Greater Caribbean, the Middle East and the penalty has gathered pace dramatically in recent 14 personalities of international prestige and USA. It will continue to strengthen its work so No matter how developed a justice years. Nearly 50 years ago only 16 countries had experience in human rights, and supported by that its activities influence and contribute to the abolished the death penalty for all crimes. Today, a diverse group of 16 countries from all world global movement that is working for the eventual system might be, it will always remain according to the United Nations (UN), some regions. ICDP opposes capital punishment abolition of capital punishment. susceptible to human failure and, 150 countries have rejected the death penalty in all situations, and urges the immediate or do not carry out executions. As recently as establishment of a universal moratorium on Once seen solely as a matter of criminal therefore, it runs the risk of committing December 2012, the UN General Assembly called executions as a step towards total abolition justice, states’ use of the death penalty is for a moratorium on executions with the aim of the death penalty. now an international concern and part of the irrevocable and irreparable damage.” of abolishing the death penalty. The call for mainstream human rights agenda. ICDP’s work repeal of capital punishment is no longer the Since its creation, ICDP has undertaken a should be seen as a contribution by influential Federico Mayor preoccupation of a few countries – there is now number of activities to support the abolition and respected voices of international standing President, International Commission against the Death Penalty an international movement working for its of capital punishment – including missions to towards creating a death penalty free world. global abolition. Japan, Tajikistan, Tunisia and the USA. A number of meetings have also been organized, such as Abolition of the death penalty is supported by a roundtable of experts to review challenges states from all regions in the world regardless to abolition, and a conference on the Greater of political system, religion, culture or tradition. Caribbean. Numerous letters and statements These nations have accepted that state killing is have been issued, in particular about individuals wrong and fails to deter crime. They recognize at imminent risk of execution. Working Federico Mayor that modern justice systems must protect the relationships have been established with the President of the International Commission public from crime but without the inherent African Commission on Human and Peoples’ against the Death Penalty risks of executing the innocent, and the cruelty Rights, the Council of Europe, the European of executions. Union, the UN, the UK All Party Parliamentary Group on the Abolition of the Death Penalty as But we must not forget that billions still live in well as non-governmental organizations (NGOs) countries which retain capital punishment and and academics working on the abolition of the thousands of prisoners continued to be executed death penalty. every year or remain under sentence of death. It is against this background that the International In the coming years, ICDP will build on these Commission against the Death Penalty (ICDP) experiences and expertise. It will focus attention was launched in Madrid in October 2010. on abolition of the death penalty in Africa, Asia, International Commission against the Death Penalty Review 2010 - 2012 5

Key facts about ICDP Who we are How ICDP works ICDP is an independent body composed of • Intervenes with high representatives About • It was founded in October 2010 in Madrid 14 high-profile Commissioners working for the and personalities in specific countries. to promote and support abolition of the total abolition of the death penalty. The ICDP, • Complements actions calling for repeal of death penalty. It was established as a an initiative of the government of Spain, is led capital punishment along with representatives result of an initiative of the government by its President, Federico Mayor. These eminent of intergovernmental organizations and NGOs. ICDP of Spain to campaign against the death individuals include former presidents, prime • Undertakes visits to countries to engage with penalty throughout the world. ministers, government ministers, senior United high-ranking officials. • It works to achieve abolition of the death Nations (UN) officials, a former US state governor, • Issues appeals and statements – in particular The death penalty violates the penalty and complements actions of the a former judge and president of the International where individuals are at imminent risk UN and other international and regional Court of Justice, a senior judge and a leading of execution. right to life – the most basic organizations, governments, civil society academic. It is supported by a diverse group • Organizes public events including discussion and NGOs that are working towards of 16 states. panels, conferences, side-events at international of all human rights – and the abolition of the death penalty. forums on various aspects of abolition of the right not to be subjected to • It is politically independent of These Commissioners represent all world regions death penalty. governments, allowing it to engage with – demonstrating that abolition of the death • Participates in conferences, seminars and cruel, inhuman or degrading a number of countries around the world penalty is a global concern and not the cause of campaigns to mobilize public opinion for treatment. It is frequently about their use of capital punishment. a particular region. They do not represent their abolition of the death penalty. • It is chaired by a President and meets country and they act with independence in their • Disseminates information by publishing reports used in an unfair, arbitrary twice a year to discuss strategies and decision-making. ICDP’s added value lies in the and presenting papers at international forums. plan its work, including country visits. importance of its members. Each Commissioner • Promotes intellectual and artistic works that and discriminatory way – • It is supported and funded by a has expertise in international law and human support abolition of the death penalty. sometimes after unfair legal geographically diverse group of 16 rights and is committed to the global abolition countries from all world regions that of capital punishment. Their experience and The context in which we work proceedings and even after are committed to the abolition of the knowledge enable them to address politically For many years, progress towards abolition of confessions extracted under death penalty. This Support Group sensitive issues and engage with senior officials capital punishment was slow and the cause had is composed of: Algeria, Argentina, from countries where the death penalty is still few champions. When the Universal Declaration torture or duress. Dominican Republic, France, Italy, used. Their knowledge, influence and broad of Human Rights was adopted in 1948 very few Kazakhstan, Mexico, Mongolia, Norway, geographical representation provide ICDP states had abolished the death penalty. In 1948 the Philippines, Portugal, South Africa, with a high profile in the international arena. abolition of the death penalty was the concern Spain, Switzerland, Togo and Turkey. of a small minority of states. Sixty-five years later • The Support Group carries out its What we do the situation is very different. According to the activities under the coordination of ICDP opposes the death penalty in all situations, UN some 150 out of the 193 Member States of the a rotating yearly presidency. and urges the immediate establishment of a UN have abolished the death penalty in law or • A Geneva-based Secretariat organizes universal moratorium on executions in all do not execute. Opposition to the death penalty the work of ICDP. world regions with a view to total abolition. is not exclusive to any particular region, political system, religion, culture or tradition. ICDP’s mandate is to promote, complement and support global abolition of the death penalty. As of December 2012, 105 states had abolished Its main objectives are to: the death penalty in law – 97 for all crimes in civil and military law, and eight for ordinary crimes • Promote abolition in law in countries leaving it possible to sentence a person to death, which apply a moratorium on use of the for example, under military law. death penalty. • Promote the establishment of a moratorium Among the states that still retain the death on the death penalty in all world regions, as a penalty in law, 41 have not executed anyone step towards total abolition. in the past 10 years or have announced • Intervene in specific cases – in particular a moratorium. where imposition of capital punishment is prohibited under international law, such as As of 31 December 2012, 75 states have ratified in the case of juvenile offenders, pregnant the Second Optional Protocol to the International women, the mentally ill, or where international Covenant on Civil and Political Rights aiming death penalty safeguards are violated. at abolition of the death penalty. Under the UN Universal Periodic Review Process a number of states indicated that they were considering ratifying this Protocol. Madrid Launch of ICDP OCTOBER 2010 Led by its President Frederico Mayor, ICDP works to abolish the death penalty worldwide.

First International Conference on the Death Penalty in the Greater Caribbean OCTOBER 2011 Meeting co-organized by ICDP to develop strategies to support abolition of the death penalty in the Greater Caribbean region.

Roundtable on the Death Penalty OCTOBER 2012 A review held to identify developments on capital punishment and legal and political challenges and opportunities for the coming five years.

FACTS The last judicial executions in Spain took place in September 1975. Three years later the death penalty was banned, however with a get-out clause for the military. The total abolition under all circumstances took place in 1995.

Right image: Rooftops from the Gran Via, Madrid. Credit: Nicola Margaret, Getty. Below image: ICDP members meeting with the President of the Spanish Government Mr Rodriguez Zapatero, Palace of Moncloa. International Commission against the Death Penalty Review 2010 - 2012 9 Global concern for abolition 315 312 1996

294 277 total sentences –75% 266 Europe Death sentences in the Asia The 224 Americas Middle USA continue to decline East 2012 was the second lowest since the death penalty was reinstated in 1976, representing a nearly 75% decline since 1996 when there were 315 sentences. Africa 165 158

151

139 139

125

The Americas Middle East 120 121 Almost free of executions Europe The Arab Spring awakened Asia 118 – only the USA continues to European countries, with Africa hopes for greater respect for Capital punishment is execute on a regular basis the exception of Belarus, Largely free of executions, human rights including positive still used in several states but even in the USA the trend have abolished the death with only five countries action against the death penalty. although the use of the 104 is towards fewer executions, penalty; this has been (Botswana, The Gambia, While a number of states have death penalty is the subject with an increasing number reinforced by its inclusion in Somalia, South Sudan and not carried out executions of debate in a number of states repealing death European treaties. Neither Sudan) reported to have there is little progress towards of countries. The death penalty laws. The Caribbean the 2004 Madrid bombing, carried out executions in 2012. legal abolition of the death penalty is used in violation region remained free of nor the 2005 London The African Commission on penalty. According to Amnesty of international standards executions and the number attacks, nor Anders Breivik’s Human and Peoples’ Rights, International there has been and capital crimes often of death sentences imposed 2011 mass killings in Oslo established by the African a gradual decline in death fail to meet the threshold has declined since the and Utøya in Norway have Charter, is also considering sentences in some countries but of ‘most serious crimes’. abolition of the death penalty led to the reintroduction of a binding protocol aimed at an increase in executions in Iran, Moreover, many countries 78 76 in large parts of the region. capital punishment. abolishing the death penalty. Iraq, Saudi Arabia and Yemen. fail to release information.

2012 America Benin and Mongolia United Nations The state of Connecticut They ratified the Second Optional Protocol There was an increase in support for the Positive abolished the death penalty. to the International Covenant on Civil and UN General Assembly resolution calling for Political Rights aiming at the abolition of the a moratorium on executions adopted in developments death penalty; they are taking steps to repeal December 2012. in 2012 capital punishment in their national laws. 111 41 34 in favour against abstentions

1st Tunisia voted in favour Time and Indonesia abstained. International Commission against the Death Penalty Review 2010 - 2012 11 Notable setbacks in 2012

Nevertheless, despite progress towards abolition, some 20 countries between 2010 and 2012 regularly carried out executions. Most executions took place in China, Iran, Iraq, Saudi Arabia, the USA and Yemen. Furthermore, thousands Iraq of prisoners remain under sentence of death in retentionist countries around the world. 129+ Since 2007 the UN General Assembly has called on states which retain capital punishment to establish a moratorium on executions with Belarus Japan a view to abolishing the death penalty. 3+ A moratorium on executions by UN Member 7 States is a step in the right direction – but it is not a substitute for legal abolition of the death penalty. This was tragically illustrated in The Gambia when – despite a 27-year de facto moratorium on executions – nine prisoners Iran were executed by firing squad in August 2012. In countries which retain capital punishment, there Saudi Arabia is often a lack of official public information about its application, in particular the number of death 79+ 314+ sentences, the crimes for which people have been sentenced to death and the number of executions carried out. This lack of transparency impedes a China full debate on the death penalty. It is important that the public is given full information, including statistics, so that an informed debate on capital punishment can be held. Yemen USA • Afghanistan executed 14 prisoners. • In the USA despite a steady decline in the use 28+ Pakistan 1 • Belarus executed at least 3 persons. of the death penalty, 77 people were sentenced 43 Afghanistan • China is believed to be executing more people to death in 2012. According to the Washington- 14 than the total of all other states carrying based Death Penalty Information Center this India out the death penalty. As of December 2012, figure is the second lowest total since capital 1 2,000+ China had not published official figures on the punishment was reinstated in 1976. number of executions that it carries out every The number of executions in 2012 was 43, year. However, since 2007, because of legal the same as in 2011. Seventy-five per cent reforms and the introduction of safeguards, it of executions took place in the US states of is believed that the number of executions may Arizona, Mississippi, Oklahoma and Texas. In the USA, as well as in other have fallen to about 2,000 a year. On 6 November 2012, Californian voters countries, the death penalty • India Mohammed Ajmal Amir Kasab was decided by a narrow margin against hanged in November 2012 for his role in the Proposition 34 and retained the death penalty. is often imposed on the most Mumbai attack in 2008. This was India’s first The USA states of Connecticut, Illinois, New marginalized members of execution since 2004. Jersey, New Mexico and New York have all society. Individuals coming • In Iran there were at least 314 executions. abolished the death penalty in the last 10 Most of those executed were sentenced on years. Other states such as Colorado, from the poorer sectors of drug-related crimes. Maryland and New Hampshire appear to society are at far greater risk • Iraq carried out at least 129 executions be moving closer to abolition. following trials which fail to comply with • Yemen carried out at least 28 executions of being sentenced to death basic fair trial standards. and two of those executed are believed to than a wealthy individual who • Japan hanged seven prisoners after a period have been juvenile offenders. According to committed a similar crime, of 20 months without executions. Human Rights Watch, 22 individuals are under • Pakistan hanged a soldier in November 2012. sentence of death despite evidence that they and because they are poor This was the first execution since 2008. were under 18 years of age at the time of the they often fail to get good legal Figures represent executions carried out in 2012. • Saudi Arabia carried out at least 79 alleged crimes. Source: Amnesty International report ‘Death Sentences and Executions 2012’. public executions. representation at their trial. Tajikistan Country Mission MAY 2011 Commissioner Ruth Dreifuss visited Tajikistan in May 2011 and met with senior government officials and participated in the “International Conference on Central Asia without Death Penalty”.

FACTS There has been an official moratorium on executions since 2004 and the government has supported resolutions at the UN General Assembly for a moratorium on the death penalty. The government has taken steps to reduce the number of capital offences and in 2010 the President established a Working Group to consider repeal of the death penalty.

Right image: Mountains in Tajikistan. Credit: Andy Hall, Oxfam. Below image: Ruth Dreifuss was accompanied by Christian Durisch, Adviser of the ICDP Secretariat. International Commission against the Death Penalty Review 2010 - 2012 15

October 2010 March 2011 SPAIN: ICDP members meeting SWITZERLAND: Meeting ICDP with the President of the Spanish Member Ruth Dreifuss with UN Government Mr Rodriguez High Commissioner for Human Zapatero, Palace of Moncloa. Rights Navi Pillay.

April 2011 April–May 2011 June 2011 FRANCE: Meeting President TAJIKISTAN: Ruth Dreifuss MOROCCO: Meeting of President of ICDP Mr Mayor with the was accompanied by Christian of ICDP Mr. Mayor with Mr Driss El October 2011 Commissioner for Human Rights Durisch, Adviser of the ICDP Yasami, President of the National SPAIN: Amb. Mattarollo during Mr. Thomas Hammarberg. Secretariat. Committee for Human Rights. the First Caribbean meeting.

Launch of ICDP Council of Europe Mission to Tajikistan “Experience has shown that as a OCTOBER 2010, SPAIN APRIL 2011, FRANCE MAY 2011, TAJIKISTAN new generation grows up with no What we expectation that criminals will be On 7 October 2010, ICDP was established in ICDP’s President Federico Mayor gave a keynote ICDP Commissioner Ruth Dreifuss undertook Madrid. The newly appointed members of the speech at the Parliamentary Assembly of the a mission to Tajikistan, meeting with senior punished by death, the majority Commission met with representatives of civil Council of Europe in Strasbourg, highlighting government officials and key actors from civil come to reject it as a ‘barbarity of society to discuss their objectives and strategies the risk of executing the innocent and the lack society and to participate in the International accomplished to promote global abolition of the death penalty. of conclusive evidence that the death penalty Conference “Central Asia without Death Penalty”. the past’. It is important also to go The meeting was led by ICDP President Federico deters serious crime. He applauded international The mission contributed to a positive debate on further than the repetition of the Mayor, former Director-General of UNESCO. progress but stressed the need to intensify capital punishment and received broad media What we have accomplished since mantra that ‘capital punishment efforts to achieve global abolition of the death coverage, raising public awareness about the penalty. The President of the ICDP also met issues. Following a recent meeting in Geneva we were established: our activities is not a deterrent’ by confronting UN High Commissioner for with the Commissioner for Human Rights Mr. with senior officials from Tajikistan, ICDP plans and achievements 2010–2012. sceptics with the fact that even Human Rights Thomas Hammarberg and the President of the to visit the country again in 2013. if it were shown that it could have MARCH 2011, SWITZERLAND Parliamentary Assembly Mr Mevlut Cavusoglu. a marginal deterrent effect, this Ruth Dreifuss, former President of Switzerland Morocco could only be achieved by high and Member of ICDP, met with the UN High African Commission on Human JUNE 2011, MOROCCO Commissioner for Human Rights, Navi Pillay, at and Peoples’ Rights rates of execution, mandatorily Geneva’s Palais Wilson. ICDP’s delegation briefed APRIL–MAY 2011, GAMBIA ICDP President Federico Mayor met with and speedily enforced. This the High Commissioner Pillay on ICDP’s work government authorities in Rabat and addressed and highlighted the importance of joining forces The African Commission on Human and Peoples’ the opening ceremony of the General Assembly of would increase the probability of to promote abolition of the death penalty across Rights. ICDP Secretary-General Asunta Vivó met the World Coalition against the Death Penalty. innocent or wrongfully convicted the world. with Zainabou Sylvie Kayitesi, Chairperson of persons being executed...” the Working Group on the Death Penalty and member of the African Commission, to discuss

future cooperation on the abolition of capital Roger Hood punishment in Africa. Professor Emeritus of Criminology, University of Oxford International Commission against the Death Penalty Review 2010 - 2012 17

May–June 2012 JAPAN: Gov Bill Richardson met with European Ambassadors and the Delegation of the EU. July 2012 Photo by: V.J.Luna, EU, 2012. NEW YORK: UN Headquarters.

December 2012 October 2012 ITALY: Frederico Mayor and SPAIN: ICDP Members at the Giuliano Amato in Padua. Photo: roundtable in Madrid. Human Rights Centre of Padua.

First International Conference Cain, with the support of the European Union, Country Mission to Japan a moratorium on executions. Commissioner Ruth complementary roles of intergovernmental University of Padua on the Death Penalty in the African Union and World Coalition against the MAY–JUNE 2012, TOKYO Dreifuss gave a keynote speech on international organizations, NGOs and governments to DECEMBER 2012, ITALY Greater Caribbean Death Penalty. Its aim was to launch a major trends on abolition of the death penalty and ICDP’s further the cause of abolition. The meeting OCTOBER 2011, SPAIN debate on abolition in the African continent, and a ICDP visited Japan from 30 May to 2 June 2012 work at an International Conference on the Death was attended by over 40 individuals including To mark both International Human Rights Day moratorium on executions. for meetings. The delegation – led by ICDP Penalty, organized by the Tunisian Coalition academics and lawyers and representatives from and the 30th Anniversary of the Human Rights The First International Conference on the Death Commissioner Bill Richardson, former Governor against the Death Penalty and the France-based intergovernmental organizations, NGOs and Centre at the University of Padua, the University Penalty in the Greater Caribbean took place in of New Mexico, USA – met with diplomats, the NGO Ensemble contre la peine de mort (ECPM). governments. On 9 October ICDP organized a organized an event entitled “Time to Abolish the Madrid, Spain, to develop strategies to support Country Mission to the USA Delegation of the European Union, the Japanese public debate which included the participation of Death Penalty”. President Federico Mayor, ICDP abolition of the death penalty in the Greater APRIL 2012, CALIFORNIA Federation of Bar Associations, the Center for ICDP Commissioners, academics and Commissioners Ruth Dreifuss and Giuliano Amato Caribbean region. ICDP President Federico Mayor Prisoners Rights, and parliamentarians. These UN – Panel on the death penalty representatives of civil society. and Secretary-General Asunta Vivó participated. and ICDP Commissioner Rodolfo Mattarollo ICDP visited the USA state of California to support meetings provided an opportunity to learn more JULY 2012, NEW YORK President Mayor and Commissioner Dreifuss gave keynote speeches. The conference was those campaigning for Proposition 34, an initiative about Japan’s system of criminal justice and to delivered presentations on ICDP’s work and spoke co-organized by ICDP and attended by that would have replaced capital punishment discuss the death penalty and the global trend Panel on the death penalty. ICDP President Regional Conference about about the global trend towards abolition. human rights activists, NGOs, academics and with life imprisonment without the possibility of towards its abolition. Governor Richardson also Federico Mayor participated in a panel on “Moving the Death Penalty organizations and individuals representing the parole. During the mission, ICDP’s delegation led spoke at the symposium on “What Makes Criminal away from the death penalty. Lessons from OCTOBER 2012, MOROCCO Caribbean’s cultural diversity. by Secretary-General Asunta Vivó met senior state Justice Sustainable?” organized by the Norwegian national experience”. The meeting, organized officials and lawyers involved in capital cases, spoke Embassy and Aoyama Gakuin University, Tokyo, by the UN Office of the High Commissioner for Experts, politicians, diplomats and activists The death penalty is the in two public events, and visited San Quentin State which was attended by former Ministers of Justice Human Rights, was an opportunity to inform from around the world gathered in Rabat for African Conference against Prison where the delegation discussed criminal from Japan and Norway. Member States about the death penalty before the a major conference on capital punishment ultimate denial of human rights the Death Penalty justice issues with staff members and prisoners. UN General Assembly’s debate on a moratorium organized by ECPM. Commissioner Mohammed – it is cruel, morally wrong and OCTOBER 2011, RWANDA on the use of the death penalty that year. Bedjaoui represented ICDP at the Regional International Conference on the Conference and gave a keynote speech about damages society. At the African Conference against the Death Death Penalty ICDP’s work and his time as Foreign Minister of Penalty, Rwanda’s capital city Kigali hosted MAY–JUNE 2012, TUNISIA Roundtable on the Death Penalty Algeria when that country co-sponsored the 2007 ICDP brings something new to the Regional Conference on the Abolition and/ OCTOBER 2012, SPAIN UN General Assembly resolution calling for a or Moratorium on the Execution of the Death ICDP Commissioners Robert Badinter and Ruth moratorium on executions. the campaign to abolish this Penalty. Former Prime Minister of Haiti and Dreifuss met with government representatives, On 8 October, ICDP organized a roundtable abhorrent practice – the voice of member of the Commission Michèle Duvivier the President of the Republic Moncef Marzouki in Madrid to review developments on capital Pierre-Louis chaired the first session, which and the President of the Constituent Assembly punishment and identify legal and political politically influential individuals focused on the death penalty and public opinion. Mustapha Ben Jaafar to discuss legal abolition of challenges and opportunities for the coming with international standing from The conference was organized by the government capital punishment and Tunisia’s support for the five years. Discussion covered specific countries, all world regions. of Rwanda and the Italy-based NGO Hands off 2012 UN General Assembly resolution calling for regional and thematic issues as well as the California Country Mission APRIL 2012 ICDP visited the state of California to support campaining for Proposition 34, and initiative that would have replaced capital punishment with life imprisonment without parole. ICDP spoke at two public events and visited San Quentin State Prison.

FACTS California hosts the largest death row in the USA with more than 720 condemned prisoners. Since restoring the death penalty in 1978 California has executed 13 prisoners but executions were halted in 2006. Repeal of the death penalty in California will provide important leadership not only to other US states but also internationally to countries moving towards abolition.

Right image: San Quentin Prison, California. Below image: From left – Jeanne Woodford, Antonio Cluny, Asunta Vivo, Senator Mark Leno, Martin Macpherson and Elizabeth Zitrin. International Commission against the Death Penalty Review 2010 - 2012 21

Mr Federico Mayor Ms Louise Arbour Mr Mohammed Bedjaoui Our Commissioners SPAIN CANADA ALGERIA Mr Federico Mayor, ICDP President, was born Ms Louise Arbour, a Canadian jurist, is former Mr Mohammed Bedjaoui is an Algerian jurist and in Barcelona, Spain. He holds a doctorate in UN High Commissioner for Human Rights, diplomat. He served as Algeria’s ambassador to Pharmacy from the Universidad Complutense former justice of the Supreme Court of Canada France and the UN, as judge on the International ICDP Commission members 2010-2012. de Madrid. Among his various political roles, and the Court of Appeal for Ontario, and former Court of Justice and as President of the The personal involvement of ICDP members with abolition Professor Mayor has been Undersecretary Chief Prosecutor of the International Criminal Constitutional Council, Algeria’s highest judicial of Education and Science for the Spanish Tribunals for the former Yugoslavia and Rwanda. authority. He was foreign minister of Algeria from of the death penalty means that the Commission is well Government (1974–1975), Member of the Spanish Since 2009, she has served as President and 2005 to 2007. He is the author of several books placed to engage with senior officials from countries that Parliament (1977–1978), Advisor to the Prime Chief Executive Officer of the International Crisis and has been awarded a number of honorary Minister (1977–1978), Minister of Education and Group. Ms Arbour has received, from some 30 doctorates and prizes in recognition of his work. have yet to abolish capital punishment. Their knowledge and Science (1981–1982) and Member of the European universities, many honorary doctorates, and Parliament (1987). In 1987, he was elected Director- numerous medals and awards. experience ensure that ICDP has important global credibility. General of UNESCO. He has published numerous Ms Ruth Dreifuss scientific publications and is the author of four “ICDP was only founded in 2010 but in just SWITZERLAND books of poetry and several books of essays. two years it has become a major actor in the global cause to abolish the death penalty. In Ms Ruth Dreifuss is a Swiss politician, economist “The death penalty has to be eradicated in all that time ICDP has undertaken several country and former journalist. She served as a member of circumstances because it violates universally missions to encourage efforts to abolish capital the Swiss federal government from 1993 to 2002 recognized human rights, in particular the right to punishment. The organization also worked to and was President of the Swiss Confederation life, which is the most fundamental right of all.” support the UN General Assembly’s resolution in 1999, the first woman in history to hold this calling for a moratorium on executions. In that office. She is a member of the Council of Women Mr Federico Mayor Mr Giuliano Amato Ms Louise Arbour regard it was encouraging that in 2012 Seychelles World Leaders, an international network of female President Commissioner Commissioner Mr Giuliano Amato and Tunisia supported the resolution for the leaders whose mission is to mobilize the highest- ITALY first time and Indonesia, which had previously level women leaders globally for collective action voted no, abstained in the vote. The abolitionist on issues of critical importance to women and Mr Giuliano Amato is an Italian politician and momentum has been on a slow but steady path equitable development. former Prime Minister of Italy. He has a Master’s and ICDP serves a critical role in pursuit of Degree in Comparative Law from the School universal rejection of the death penalty.” “All over the world, countless activists are of Law of , USA and is engaged in the campaign to abolish the death Professor Emeritus of the European University penalty. The International Commission against Institute in Florence. Mr Robert Badinter the Death Penalty is part of this broad coalition Mr Robert Badinter Mr Mohammed Bedjaoui Ms Ruth Dreifuss FRANCE of advocates campaigning for the most basic of Commissioner Commissioner Commissioner “I am convinced that abolishing the death human rights: the right to life. penalty worldwide is a goal that many would Mr Robert Badinter is a high-profile French like to achieve. But the task is very demanding. criminologist, university professor and politician. Drawing from the experience of its members in It requires continuous attention, convincing He is particularly known for his struggle against positions of senior responsibility, and benefiting arguments and continued pressure on the states capital punishment, for which he was awarded from the assistance of supportive states, the that still practise the death penalty. It is a mission the Medal of Cesare Beccaria in November Commission is able to help non-governmental that requires time, energy and resources. No 2011. As a member of France’s , organizations get their message across, but can mission can be fulfilled without missionaries and he served as Minister of Justice and then also speak directly to senior authorities. Ms Michèle Duvivier Pierre-Louis Ms Asma Jahangir Ms Ioanna Kuçuradi ICDP gathers the missionaries, organizes their President of the Constitutional Council under Commissioner Commissioner Commissioner activities, builds constituencies, raises awareness François Mitterrand. President Mitterand’s call It carries out country and regional missions to on the relevant facts and interacts with those who for abolition during the election campaign was achieve these aims. By sharing the experiences have to be convinced. The role it plays is essential.” controversial as public opinion largely favoured of abolitionist countries, describing the progress capital punishment. Robert Badinter, as Minister made, and demonstrating that societies that have of Justice, introduced legislation to abolish abolished this barbaric form of punishment have capital punishment in 1981 and on 17 September taken a stride forward in the fight against violence 1981, just one day before the death penalty was and social injustice, our members have taken this abolished, he said: campaign to Japan, Tunisia, the USA as well as to Ms Gloria Macapagal-Arroyo Mr Rodolfo Mattarollo Mr Ibrahim Najjar Africa, Central Asia, and the Caribbean. Commissioner Commissioner Commissioner “Tomorrow, thanks to you, French justice will not be a justice that kills any more.” In spite of some setbacks, the campaign for abolition continues to gain momentum, as a growing number of states announce moratoriums on executions to the United Nations General Assembly.”

Mr Bill Richardson Mr José Luis Rodríguez Zapatero Commissioner Honorary Commissioner International Commission against the Death Penalty Review 2010 - 2012 23

Ms Michèle Duvivier Pierre-Louis Ms Ioanna Kuçuradi Mr Rodolfo Mattarollo Mr Bill Richardson “In a society which values individual life and Mr José Luis Rodríguez Zapatero PAKISTAN TURKEY ARGENTINA USA liberty above all else, where justice and not SPAIN vengeance is the singular guiding principle of our Ms Michèle Duvivier Pierre-Louis is a Haitian Ms Ioanna Kuçuradi is a Turkish philosopher Mr Rodolfo Mattarollo is an Argentinian lawyer Mr Bill Richardson was in 1997 US Ambassador system of criminal law, the potential of wrongful Mr José Luis Rodríguez Zapatero began his politician and former Prime Minister of Haiti of Greek descent. She was Founding Director and has held senior posts in government and to the UN, and in 1998 he was unanimously conviction and, God forbid, execution of an political career in 1986 following his election as (2008–2009). She has been Executive Director of the Centre for Research and Application of academia, including Chief of Staff of the Ministry confirmed by the US as Secretary of the innocent person stands as anathema to our very MP for León and then as MP for Madrid. As an of the Knowledge and Freedom Foundation Human Rights at Maltepe University, Istanbul of Human Rights. Ambassador Mattarollo is US Department of Energy. While a Congressman, sensibilities as human beings.” MP he served on a number of committees in the since 1995 and is Director of the Reconstruction where she is currently Professor of Philosophy. currently Special Representative of the Technical he served as a special envoy on many sensitive Spanish Congress including Justice and Home and Development Programme of the Open She has received many awards, including the Secretariat of the Union of South American international missions. He successfully secured “When elected as Governor of New Mexico I was Affairs. From 2004 until 2011, he was Prime Society Institute in New York. She is the recipient Prize of the Turkish Academy of Sciences (1996), Nations (UNASUR-Haiti). In his academic career the release of hostages, American service committed to the death penalty. I believed the Minister of Spain. In 2010, he was the driving of several prizes, including the Yoko Tada Grosses Verdienstkreuz des Verdienstordens he lectured in international law at the University personnel and prisoners in Cuba, Iraq, North death penalty to be a just punishment for murder. force behind the Spanish government’s initiative Foundation for Human Rights (1993) and the der Bundesrepublik Deutschland (2001), of Lomas de Zamora and at the Institute for Korea, and Sudan. Bill Richardson has been I also believed that it was necessary to deter to create ICDP. “Trésor National Vivant” award (2006). She is Honourable Mention UNESCO Human Rights Latin-American Integration of the University of nominated several times for the Nobel Peace others from committing such serious crimes. But member of a number of associations and has Education Prize (2002) and the UNESCO La Plata, Argentina. Ambassador Mattarollo is a Prize. He was first elected Governor of New my conscience was challenged by miscarriages “My desire has always been to mobilize more published numerous scientific articles. Aristotle Medal (2003). member of the Council of the Presidency of the Mexico in 2002 and re-elected in 2006 with the of justice and the very real risk that an innocent action, more voices, and more arguments in American Association of Jurists and honorary support of 69 per cent of voters, representing the person would be executed. In my view, to retain favour of abolition, with individuals with a track “We need presidents and prime ministers to show “ICDP keeps the issue of the death penalty on the member of the Institute of Judicial Studies of El largest margin of victory for any governor in state the death penalty with the inherent risk that a record in supporting human rights. I believe political leadership in the cause to end capital international agenda and encourages national Salvador. He is also a member of the Council of history. On 18 March 2009, Governor Richardson serious miscarriage of justice might take place that the constant aspiration of human kind has punishment. Government intervention is critical leaders to move towards abolition.” the Presidency of the Permanent Assembly of signed an abolition bill into law, turning New is wrong. That an innocent person is executed is been to reject violence and minimize the use of in the campaign to abolish the death penalty.” Human Rights. Mexico into the fifteenth US state to abolish the simply unacceptable.” force. Life is a universal norm – the death penalty death penalty. In a statement released that day is a contradiction to respect for life. I believe Bill Richardson said: “ICDP plays an important role in raising awareness therefore, fully, in this work; it is one of the most about the death penalty internationally.” fair and decent concerns that we can address.” Ms Asma Jahangir Ms Gloria Macapagal-Arroyo Mr Ibrahim Najjar PAKISTAN PHILIPPINES LEBANON

Ms Asma Jahangir is a leading Pakistani lawyer, Ms Gloria Macapagal-Arroyo was President of Mr Ibrahim Najjar is a lawyer and former Lebanese advocate of the Supreme Court of Pakistan, the Philippines from 2001 until 2010. During her politician and government minister. He is a teacher President of the Supreme Court Bar Association Presidency, she refused to sign any execution of law and the author of numerous legal books and and human rights activist. She works in Pakistan order, commuted all death sentences to life articles and the owner and editor of The Lebanese and internationally to prevent the persecution imprisonment and in 2006 signed the law Review of Arab and International Arbitration and of religious minorities and women and the abolishing the death penalty. Currently, Ms publishes the Saint Joseph Faculty of Law Journal. exploitation of children. She was UN Special Macapagal-Arroyo is a Representative In 2010, he was awarded the National Medal for Rapporteur on freedom of religion or belief from Member of the Philippine Congress. She holds Human Rights in recognition of his draft law to August 2004 to July 2010. Previously, she served a doctorate in the Philosophy of Economics abolish the death penalty in Lebanon. Ibrahim as UN Special Rapporteur on extrajudicial, from the University of the Philippines. Gloria Najjar joined the national unity government in arbitrary and summary executions. Due to Macapagal-Arroyo continues to work for global 2008 and was appointed Minister of Justice. He her efforts to secure justice for disadvantaged abolition of the death penalty and intervenes promoted laws in many fields including arbitrary groups, she has been frequently threatened by in individual cases, often including Philippine detention and human rights and tried to repeal militant groups. Ms Jahangir is the author of two citizens on death row abroad. capital punishment in Lebanon’s Penal Code. He books, has received three honorary doctorates recognized that abolition of the death penalty was and is the recipient of a number of international “I assumed the Presidency of the Philippines a contentious issue but believed it was necessary and national awards. in 2001. Although I inherited a death penalty to achieve a “more humane and more efficient law, I did not authorize any executions. On justice system”. Had his draft law been accepted, the occasion of my official visit to the Vatican capital punishment would have been replaced by in 2003, I made my anti-death penalty policy life imprisonment. explicit. On Easter Monday, 2006, I announced the commutation of all death penalty sentences “There has been a de facto moratorium on to life imprisonment for over one thousand executions in my country since July 2008 prisoners. On 25 June 2006, I signed into law following my refusal to sign execution warrants.” Republic Act 9346 Abolishing the Death Penalty.

We need to persuade other Asian countries to follow the example of the Philippines. There is fertile ground among the Asian countries that supported or abstained in the UN General Assembly vote, calling for a global moratorium on the death penalty. I am confident that our past efforts will bear more fruit in the future. I hope that, in our generation, we will see a world free from capital punishment.” International Commission against the Death Penalty Review 2010 - 2012 24

ICDP Secretariat Responsibility for the financial report lies with Geneva, 9 April 2013 The Secretariat of ICDP is based in Geneva, ICDP, with our task being to audit it and to (Translated from French original) Switzerland. There are three members of staff who express an opinion thereon. are responsible for organizing the work of ICDP: BDO SA We have carried out this audit in accordance • Asunta Vivó Cavaller is the Secretary-General; with Swiss Auditing Standards, which require Nadia Quévit • Martin Macpherson is the Advisor; and audits to be planned and conducted in such a Certified expert auditor • Eriona Kucuqi is the Administrator/ way as to provide reasonable assurance that Coordinator of the ICDP. statements are free from material error. We have Roland Loup audited items in the financial report through Certified expert auditor statistical sampling and analysis. We have also Audit statement for 2012 accounts assessed how significant, evaluation-related Auditor’s Report to the Federal Department decisions have been applied, and how the format of Foreign Affairs (FDFA), Bern, and to the of the financial report looks overall. Our view Secretariat of the International Commission is that this audit constitutes a sufficient basis on against the Death Penalty (ICDP) c/o the which to formour opinion. Academy of International Humanitarian Law and Human Rights, Geneva. The financial report contains details of assets acquired and liabilities assumed during the Secretariat of the International Commission period 1 January 2012 to 31 December 2012. against the Death Penalty, Geneva. In our opinion, the financial report gives a true In accordance with our mandate, we have picture of assets acquired and liabilities assumed audited the financial report of the Secretariat of by ICDP during the period 1 January 2012 to the International Commission against the 31 December 2012, complying with the contract Death Penalty (ICDP) for the year 1 January 2012 signed between FDFA and ICDP on 19 June 2012. to 31 December 2012.