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Death Penalty Information Pack  Penal Reform International • Death Penalty Information Pack 1 Penal Reform International Death Penalty Information Pack www.penalreform.org April 2011 This information pack is produced in conjunction with Penal Reform International’s project “Progressive Abolition of the Death Penalty and Alternatives that Respect International Human Rights Standards.” This information pack has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of Penal Reform International and can in no circumstances be regarded as reflecting the position of the European Union. Front cover picture by Robert Priseman: No Human Way to Kill (2010) Penal Reform International • Death Penalty Information Pack 3 Contents Acronyms 4 International trends toward abolition 5 Overview of countries covered by PRI’s death penalty programme 9 International standards and the death penalty 10 Moratorium 14 The death penalty only for the “most serious crimes” 17 Right to a fair trial and administrative safeguards in death penalty cases 20 Mandatory death penalty 24 Conditions of imprisonment for those under sentence of death 26 Clemency and pardon procedures 28 Execution 30 Transparency 33 Does the death penalty deter crime? 35 Public opinion and the death penalty 37 Victims’ rights 39 12 steps to abolition of the death penalty in law for all crimes 42 Penal Reform International • Death Penalty Information Pack 4 Acronyms ACHPR African Commission on Human and Peoples’ Rights ADPAN Anti-Death Penalty Asia Network CRC Convention on the Rights of the Child ECHR European Convention on Human Rights ECOSOC Economic and Social Council ECtHR European Court of Human Rights EU European Union FHRI Foundation for Human Rights Initiative GA General Assembly ICCPR International Covenant on Civil and Political Rights MENA Middle East and North Africa NCADP National Coalition to Abolish the Death Penalty NGO Non-governmental organisation OSCE Organization for Security and Cooperation in Europe PACE Parliamentary Assembly of the Council of Europe PRI Penal Reform International Safeguard Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty UDHR Universal Declaration of Human Rights UK United Kingdom UN United Nations US United States WCADP World Coalition Against the Death Penalty Penal Reform International • Death Penalty Information Pack 5 International trends toward abolition There has been a global trend moving Support for a moratorium is growing toward the universal abolition of the death penalty and a restriction in the In December 2007, the UN General scope and use of capital punishment Assembly (GA) adopted a landmark over the last fifty years. resolution which called for a moratorium on the use of the death penalty and reaffirmed Two thirds of states have abolished the UN’s commitment towards abolition.3 in law or in practice The resolution was adopted with 104 states in favour, 54 states against and 29 According to the United Nations Secretary- abstentions. General’s eighth quinquennial report on the death penalty (published in 2009), of 198 In 20084 and 20105 the UN GA adopted states and territories in the world, only 47 second and third resolutions reaffirming the retain the death penalty. 95 are abolitionist call for a moratorium. In both years, those for all crimes, 8 are abolitionist for ordinary voting in favour increased and those voting crimes (retaining the death penalty for against decreased, resulting in no less exceptional circumstances, such as crimes than 13 countries changing their position in wartime) and 46 are abolitionist in from voting against to voting in favour or practice (retaining the death penalty, but abstaining over a three year period.6 having not executed anyone during the past 10 years).1 This means that 149 states It is significant that in 2010 one country and territories have abolished the death in the Arab League voted in favour of the penalty in law or in practice. UN moratorium resolution (Algeria, who also co-sponsored the resolution). Eleven 81 states are permanently abstained or were absent and only nine committed to abolition voted against the resolution. This was a noticeably better result than in 2007, when Many states have ratified international one Arab League country voted in favour, and regional instruments that provide for five abstained or were absent, and 15 voted restrictions on the use of the death penalty against. No less than six countries in the and its ultimate abolition. According to League have changed their position from the UN Secretary-General, 81 states2 voting against in 2007 to abstaining in 2010. have already committed themselves to prohibition of the death penalty through Of the African Union, no less that four ratification or accession to international countries changed their position from and/or regional treaties and covenants voting against to abstaining in the 2010 which prohibit the death penalty in law. resolution.7 1 Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General to the UN ECOSOC, (18 December 2009) UN document E/2010/10, Table 1. 2 Ibid, para. 55. 3 UN GA resolution 62/149 (18 December 2007). 4 UN GA resolution 63/168 (18 December 2008). 5 UN GA resolution 65/206 (21 December 2010). 6 In 2008, 106 countries voted in favour, 46 against and 34 abstained. In 2010, 109 countries voted in favour, 41 against and 35 abstained. 7 In 2007, 17 African Union states voted in favour, 12 against and 23 abstained or were absent. Notably, in 2010, only 8 African Union states voted against, and 26 abstained or were absent. Penal Reform International • Death Penalty Information Pack 6 Fewer countries execute Europe as an execution-free zone The countries where executions continue to Notably, aside from Belarus14, Europe be carried out are fewer still. Executions are is now an execution-free zone. While known to have taken place in 23 countries executions continue to be carried out in 2010, with China, Iran, North Korea, in Belarus, steps are being taking at the Yemen and the US being the world’s most national level to implement a moratorium. prolific executioners.8 A working group on the death penalty was established in February 2010 by the The US is the only country in the Americas chair of the Belarusian Parliament, and to carry out executions, with the exception the Belarusian Supreme Court ruled in of St Kitts and Nevis which executed one March 2004 that the death penalty, under person in 2008.9 Even the US presents a the Belarusian Constitution, is merely a varied picture on the death penalty. Of the temporary measure and that a moratorium 34 US states which still retain the death on executions could be declared at any penalty (Illinois being the 16th state to time by the President or parliament.15 abolish the death penalty on 9 March 2011), only 12 states10 carried out executions in Europe acts as a global leader in efforts to 2010. Of those 12 states, Texas, Ohio and abolish the death penalty, and acts both Alabama carried out 65 percent of those in its bilateral relations with third countries executions.11 and in multilateral fora to work towards universal abolition and where the death Africa is largely free of executions. In 2010, penalty still exists, to call for its use to be only two countries in sub-Saharan Africa progressively restricted.16 carried out executions: Botswana (1) and Sudan (at least 6).12 There is a growing recognition in the case law of the European Court of Human The Caribbean, as a sub-region, remained Rights (ECtHR) that the death penalty is a free of executions in 2010; only 4 of the violation of human rights. In the 2010 ruling 53 member states of the Commonwealth of Al-Saadoon and Mufdhi v. the United of Nations carried out executions in 2010; Kingdom, the ECtHR based its judgement and 3 of the 10 member states of the on article 2 of the European Convention on Association of Southeast Asian Nations Human Rights (right to life), to justify the executed in 2010.13 duty not to expel or extradite a person who runs a serious risk of being subjected to the death penalty by the receiving country. 8 Death sentences and executions in 2010, Amnesty International (28 March 2011), AI Index ACT 50/001/2011, p. 5. 9 Ibid, p. 14. 10 Alabama, Arizona, Florida, Georgia, Louisiana, Mississippi, Ohio, Oklahoma, Texas, Utah, Virginia and Washington. 11 Execution Database, Death Penalty Information Centre, <http://www.deathpenaltyinfo.org/executions> (accessed 11 January 2011). 12 Death sentences and executions in 2010, supra at note 8, p. 34. 13 Ibid, p. 6. 14 All high-level contacts with Belarusian officials have been suspended by the Parliamentary Assembly of the Council of Europe (PACE) in response to Belarus’ use of the death penalty. PACE adopted resolutions 1671 (2009) and 1727 (2010) which strongly condemned continued executions in Belarus, and has made any reactivation of Belarus’ special guest status for the parliament of Belarus conditional upon the introduction of a moratorium on executions (resolution 1971, para. 19.1 and 22). 15 See Capital Punishment in Belarus and Changes of Belarus Criminal Legislation related thereto, Embassy of the Republic of Belarus in the UK. 16 EU Guidelines on the Death Penalty, adopted by the European Council in 1998 and reviewed in 2008. Penal Reform International • Death Penalty Information Pack 7 Status of death penalty penalty, and sets out minimum standards in other regions on the use of the death penalty. 16 of 53 member states of the African In 1999, the ACHPR established a Working Union are abolitionists in law. Gabon was Group on the Death Penalty in Africa.
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