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 © 2015 United Nations Worldwide rights reserved. This book or any portion thereof may not be reproduced without the express written permission of the author(s), editor, 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 Design and layout: dammsavage studio Cover image: The cover features an adaptation of a photograph of the feet of a man convicted of murder, seen during a hanging. Photo credit: EPA/Raed Qutena. The back cover graphic line represents a declining percentage of United Nations Member New York, 2015 States that practice the death penalty (those that have not abolished it in law or practice), from 89% in 1975, ending at 27% in 2015, in 10 year increments. Electronic version of this publication is available at: www.ohchr.org/EN/NewYork/Pages/Resources.aspx Sales no.: E.15.XIV.6 ISBN: 978-92-1-154215-8 eISBN: 978-92-1-057589-8 CONTENTS Preface – Ban Ki-moon, United Nations Secretary-General p.6 • Christof Heyns & Thomas Probert, The right to life and the progressive abolition of the death penalty p.214 Introduction – An Abolitionist’s Perspective, Ivan Šimonovi´c p.8 • Paul Bhatti, Towards a moratorium on the death penalty p.227 Chapter 1 – Wrongful Convictions p.22 • Kirk Bloodsworth, Without DNA evidence I’d still be behind bars p.24 Chapter 5 – Leadership p.234 • Brandon Garrett, DNA evidence casts light on flaws in system p.30 • Federico Mayor, Leadership and the abolition of the death penalty p.236 • Gil Garcetti, In the United States, growing doubts about the death penalty p.39 • Mai Sato, Vox populi, vox dei? A closer look at the ‘public opinion’ • Saul Lehrfreund, Wrongful convictions and miscarriages of justice argument for retention p.250 in death penalty trials in the Caribbean, Africa and Asia p.48 • H.E. Mr. Didier Burkhalter, Federal Councilor and Minister of Foreign Affairs of Switzerland, Leadership through dialogue p.259 Chapter 2 – Myth of Deterrence p.66 • H.E. Mr. Tsakhia Elbegdorj, President of Mongolia, • Carolyn Hoyle & Roger Hood, Deterrence and public opinion p.68 Mongolia honours human life and dignity p.266 • Jeff Fagan, Deterrence and the death penalty in international perspective p.84 • Laurent Fabius, Minister of Foreign Affairs and International Development of France, Towards universal abolition of the death penalty p.268 Chapter 3 – Discrimination p.100 • Mohamed Moncef Marzouki, former President of the Republic • Damien Echols, The terrors of prison fade slowly p.103 of Tunisia, Challenges related to abolition of the death penalty in Arab and Islamic Countries: Tunisia’s model p.272 • Stephen Braga, Damien Echols and the West Memphis Three Case p.107 • Prime Minister Matteo Renzi, President of the Council of • Stephen Bright, Imposition of the death penalty upon the poor, racial Ministers of the Italian Republic, The role of leadership p.276 minorities, the intellectually disabled and the mentally ill p.115 • H.E. Dr. Boni Yayi, President of the Republic of Benin, • Arif Bulkan, The death penalty in the Commonwealth Carribean: A fight for the progress of humanity p.282 Justice out of reach? p.130 • Usha Ramanathan, The death penalty in India: Down a slippery slope p.150 Chapter 6 – Trends and Perspectives p.284 • Alice Mogwe, The death penalty in Botswana: Barriers to equal justice p.170 • Salil Shetty, Global death penalty trends since 2012 p.286 • Innocent Maja,The death penalty in Zimbabwe: Legal ambiguitites p.180 Afterword, Zeid Ra’ad Al Hussein, United Nations Chapter 4 – Values p.184 High Commissioner for Human Rights p.295 • Sister Helen Prejean, Death penalty: victims’ perspective p.187 • Mario Marazziti, World religions and the death penalty p.192 Acknowledgements p.297 • Nigel Rodley, The death penalty as a human rights issue p.204 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. This book, first published in 2014, has been updated and expanded, providing victims’ and United Nations human rights mechanisms’ perspective, a new chapter on the role of leadership in moving away from the death penalty. The new High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, appointed in 2014, has provided an afterword. Abolishing the death penalty is a collective effort which requires commitment, cooperation and time. As a student in 1977 in the Socialist Federal Republic of Yugoslavia, I was allowed to write my high school graduation essay on the abolition 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 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 years ago, and all 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 penalty in law or in practice; of those, 100 have abolished it alto- “In the 21st century a right to take someone’s gether. In 2007, when the death penalty moratorium resolution life is not a part of the social contract was first adopted by the United Nations General Assembly, it was between citizens and a state any more....” supported by 104 states. In the most recent vote, in 2014, it was — Ivan Šimonovi´c 8 9 supported by 117 states.1 In 2014 there were at least 607 documented lack thereof, and discrimination against marginalised groups in executions2. While the number of executing states remained the same its implementation5. in 2014 as in 2013, the number of documented executions dropped by 22 per cent.