International

Amnesty International 2018 Global Report: Executions Worldwide Fall to Lowest Level in a Decade

Executions worldwide have fallen to their lowest levels in a decade, according to a new report released April 9, 2019 by Amnesty International. In its annual Global Report: Death Sentences and Executions 2018, the human rights organization says it recorded at least 690 executions in 20 countries in 2018, a 31% decline from the 993 executions it recorded in 23 nations in 2017 and 58% below the 1,634 reported executions in 2015. Five countries accounted for 84% of all recorded executions—Iran (253), Saudi Arabia (148), Vietnam (85), Iraq (52) and Egypt (43). Nonetheless, executions in Iran fell by half in 2018, as the country revised its death-penalty law to bar capital punishment for some drug offenses. Data was unavailable for executions in China—where Amnesty says thousands of undocumented executions likely took place—and North Korea, two countries in which information on death sentences and executions is considered a state secret. The 25 executions in the U.S. were the seventh most of any nation.

Amnesty International’s Secretary General Kumi Naidoo called the global decline in executions “dramatic” and said it “proves that even the most unlikely countries are starting to change their ways and realize the death penalty is not the answer.” Although Thailand carried out its first execution in nearly a decade and Japan, Singapore, and South Sudan reported their highest execution levels in years, Naidoo said these “regressive steps” were countered by the significant reduction in executions “carried out by several of the worst perpetrators.”

The report found that global death-sentencing levels in 2018 were similar to those in 2017. Amnesty recorded at least 2,531 death sentences in 54 countries last year, down 2% from the 2,591 reported in 2017. However, death sentences were down 19% from the reported 3,117 death sentences imposed in 55 countries in 2016. The U.S. ranked 12th in death sentences known to have been imposed. Amnesty reported that at least 19,336 people were known to be on death rows around the world at the end of 2018, a 12% decline from the 21,919 people known to be on death row globally at the end of 2017. Only two nations in the Western hemisphere—the United States and Guyana—imposed any death sentences in 2018, the fewest to do so since Amnesty began tracking global death sentences in 1979. For the tenth consecutive year, the U.S. was the only country in the Americas to carry out any executions.

Amnesty characterized the global death penalty as “firmly in decline,” pointing to Burkina Faso’s abolition of the death penalty for ordinary crimes, moratoria on executions declared in the Gambia and in Malaysia, and the Washington state supreme court’s declaration that the death penalty in that state was unconstitutional. At the end of 2018, Amnesty said, 106 countries had abolished the death penalty in law for all crimes and 142 had abolished it in law or practice. In December, a United Nations General Assembly resolution calling for a global moratorium on the death penalty received the support of a record 121 countries, while only 35 nations opposed the resolution. “Slowly but steadily, global consensus is building towards ending the use of the death penalty,” Naidoo said, “but with more than 19,000 people still languishing on death row worldwide, the struggle is far from over.”

Discriminatory Use of Death Penalty Against Gays Raises Concerns Globally and in the U.S.

As human rights activists raise alarms about a new law in Brunei that would punish homosexuality by death by stoning, the U.S. Supreme Court considers whether to hear a case in which jurors who exhibited anti-gay bigotry sentenced a gay defendant to death. Charles Rhines (pictured), a South Dakota death-row prisoner, is asking the U.S. Supreme Court to review his case, after a lower federal court denied him the opportunity to present juror statements showing that homophobic prejudice played a role in his death sentence. Leading civil rights organizations, including the NAACP Legal Defense and Educational Fund, American Civil Liberties Union, and Human Rights Campaign, have asked the Court to hear the case. Meanwhile, on April 3, 2019, Brunei will institute new laws that will make homosexual sex punishable by death. Brunei’s action has drawn a sharp rebuke from United Nations officials, international human rights groups, and activists—including actor George Clooney and musician Elton John, who are calling for a boycott of properties owned by the Sultan of Brunei.

Charles Rhines filed a petition in the U.S. Supreme Court in February 2019 seeking review of his case after a split panel of the U.S. Court of Appeals for the Eighth Circuit voted 2-1 not to hear his appeal. The civil rights organizations filed supporting briefs on March 25 and the Court is scheduled to consider Rhines’ petition on April 12. At Rhines’ trial, prosecution witnesses testified that he was gay and, according to jurors, “[t]here was lots of discussion of homosexuality” during sentencing deliberations. “There was a lot of disgust. … There were lots of folks who were like, ‘Ew, I can’t believe that.’” In a 2016 sworn statement, juror Frances Cersosimo reported that one juror said, “If he’s gay, we’d be sending him where he wants to go” by sentencing Rhines to life in an all-male prison. Juror Harry Keeney said in a sworn statement, “We also knew he was a homosexual and thought he shouldn’t be able to spend his life with men in prison.” South Dakota prosecutors have asked the Supreme Court to refuse to consider the civil rights groups’ briefs, calling the federal defenders office representing Rhines “an extremist organization” and saying the petition should “not become a cause célèbre for making Rhines of all people a false prophet of homosexual rights.”

In 2017, the Court held in Peña-Rodriguez v. Colorado that “where a juror makes a clear statement that indicates he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires ... the trial court to consider the evidence of the juror’s statement and any resulting denial of the jury trial guarantee.” Rhines’ lawyers are advocating that the Court extend that ruling to include juror bias against a defendant’s sexual orientation. In an amicus brief, the NAACP Legal Defense Fund wrote, “Just as the Constitution does not permit a person to be sentenced to die because of his race, it should not permit a person to be sentenced to die because of his sexual orientation.” A brief submitted by seven LGBTQ rights organizations said, “[b]ias based on sexual orientation in jury deliberations reinforces historical prejudice against lesbian, gay, and bisexual people and undermines the integrity of our judicial system.”

Anti-LGBTQ use of the death penalty came under renewed international scrutiny as Brunei prepares to put a new law in place that would make adultery and homosexual sex punishable by death by stoning. U.N. High Commissioner for Human Rights Michelle Bachelet called the law “cruel and inhuman,” “draconian,” and “a serious setback for human rights protections.” Actor and activist George Clooney urged a boycott of hotels owned by Brunei’s monarch, Sultan Hassanal Bolkiah. In an op-ed for Deadline, Clooney wrote, “every single time we stay at or take meetings at or dine at any of [the Sultan’s] nine hotels we are putting money directly into the pockets of men who choose to stone and whip to death their own citizens for being gay or accused of adultery.” Musician Elton John joined Clooney’s call for boycotts, saying, “Discrimination on the basis of sexuality is plain wrong and has no place in any society.” “I believe that love is love and being able to love as we choose is a basic human right,” John said.

7th World Congress Against Death Penalty Opens in Brussels, Belgium

An estimated 1,500 government officials and representatives of non-governmental organizations from more than 140 countries gathered in Brussels, Belgium on February 26, 2019 for the opening of the Seventh World Congress Against the Death Penalty. The World Congress ­– organized by the Ensemble Contre la Peine de Mort and the World Coalition Against the Death Penalty – is the world’s leading convocation on capital punishment. The four-day meeting formally opened on February 27 with a ceremony in the European Parliament in Brussels featuring remarks by European Union Foreign Policy Chief Federica Mogherini, Belgian Foreign Affairs Minister Didier Reynders, and video messages from United Nations Secretary-General António Guterres and Pope Francis encouraging the delegates to strive for global abolition of the death penalty.

The opening of the Congress followed a high-level death-penalty panel discussion by the United Nations Human Rights Council in Geneva, Switzerland on February 26 focusing on human rights abuses in the application of capital punishment. Michelle Bachelet, the UN High Commissioner for Human Rights, introduced the panel by reiterating the international body’s long-held beliefs on capital punishment. “The UN opposes the use of the death penalty, everywhere, and in all circumstances,” Bachelet said. “Today, I am pleased to say, there is a clear international trend towards abolition.” The topic of human rights, discrimination, and the death penalty, she said “is particularly well chosen, because nowhere is discrimination more evident than when one looks at the people on death row – the people who society has decided are beyond rehabilitation and should be killed. … [D]eath rows are disproportionately populated by the poor and economically vulnerable; members of ethnic minorities; people with psycho-social or intellectual disabilities; foreign nationals; indigenous persons; and other marginalised members of society.” Speaking on behalf of the eight countries that sponsored the resolution calling for the panel debate, Minister Reynders expressed special concern about the use of the death penalty as punishment for peaceful expression of religious or political beliefs, blasphemy, same-sex relationships, and consensual sexual relations outside of marriage. “The application of the death penalty in these cases,” he said, “takes on a particularly discriminatory nature.”

In his video message to the Congress, Secretary-General Guterres said “[t]he death penalty has no place in the 21st century.” He called the record number of nations that sponsored last December’s UN General Assembly resolution for a global moratorium on the use of the death penalty evidence of progress, but said it was still “far from enough.” The death penalty, he said “is still employed despite its cruelty, despite the myth that it deters crime and despite the knowledge that innocent people have been – and may continue to be -- put to death.” The video message by Pope Francis (pictured) encouraged activism against the death penalty as a “courageous affirmation of the principle of the dignity of the human person.” The Pope called capital punishment a “serious violation of the right to life. … While it is true that human societies and communities have to often face very serious crimes that threaten the common good and the safety of people, it is not less true that today there are other means to atone for the damage caused,” Francis said. The Pope stressed that “the dignity of the person is not lost even if he has committed the worst of the crimes. … It’s in our hands to recognize the dignity of each person and to work so that more lives are not eliminated.”

Human Rights Group—Politically Motivated Use of Death Penalty Widens in Saudi Arabia

Executions have soared in Saudi Arabia amid widening pursuit of politically motivated death sentences, mass death penalty trials, and use of the death penalty against female activists, according to a European-based Saudi human rights organization. In its 2018 Death Penalty Report: Saudi Arabia’s False Promise, issued January 16, 2019, the European Saudi Organization for Human Rights (ESOHR) said Saudi Arabia conducted at least 149 executions in 2018, more than double the number conducted in 2013, continuing a four-year surge the group associates with the ascension of King Salman to the throne in January 2015. Half of those executed were foreign nationals, including 33 from Pakistan and women from Ethiopia and Indonesia. ESOHR reported that the Saudi government concealed at least one execution and failed to announce the execution of the Indonesian woman, and the human rights group expressed concern that the actual number of executions in the country may be higher. 

The Saudi royal family has sought to deflect international criticism of its escalated use of the death penalty by pointing to the use of capital punishment by the United States and other countries. In an April 2018 interview with TIME magazine, Saudi Crown Prince Mohammed bin Salman deflected a question on whether the Kingdom would reduce the number of public beheadings and executions in his country, saying: “I believe until today the United States of America and a lot of states, they have capital punishment. We’ve tried to minimize [its use],” he said, and suggested that the monarchy was working with the Saudi parliament on an initiative to change punishments for some offenses from execution to life in prison. The ESOHR report, however, said bin Salman’s statement “is not reflected in the death penalty statistics of 2018. Execution rates have sky rocketed [sic] in the last four years [and] do not indicate any attempts to ‘minimise’ or ‘reduce’” death penalty use. 

ESOHR’s report catalogues an intensified use of “politically motivated death sentences … against an increasing spectrum of government critics,” including human rights advocates, non-violent clerics, and other political opponents. It lists among the politically motivated death sentences the case of Israa al-Ghomgham, the first female activist to face execution in Saudi Arabia for non-violent human rights-related work. Al-Ghomgham was detained in December 2016 during a raid on her home. Her case is being prosecuted in Saudi Arabia’s Specialized Criminal Court, which was established to address acts of terrorism. However, Oliver Windridge – an international human rights lawyer who has written briefs supporting al-Ghomgham – says that its “focus appears to have moved from terrorist suspects to human rights defenders and anti-government protesters.” The ESOHR report describes the terrorism charges against al-Ghomgham as “trumped up” and the trial proceedings as “grossly unfair.” UN human rights experts also have condemned the prosecution, saying that “[m]easures aimed at countering terrorism should never to be used to suppress or curtail human rights work.” 

ESOHR says that 59 Saudi prisoners are currently at risk of imminent execution, including eight who were minors at the time of their purported crimes and twelve men convicted of spreading the Shia faith and allegedly spying for Iran. 

Study: International Data Shows Declining Murder Rates After Abolition of Death Penalty

Nations that abolish the death penalty then tend to see their murder rates decline, according to a December 2018 report by the Abdorrahman Boroumand Center, a Washington, DC-based organization that promotes human rights and democracy in Iran. The report examined murder rates in 11 countries that have abolished capital punishment, finding that ten of those countries experienced a decline in murder rates in the decade following abolition. Countries were included if they met the following criteria: they had formally abolished the death penalty at least ten years ago, at least one death sentence had been imposed or carried out in the decade prior to abolition, and murder rate data was available from the World Trade Organization. The countries that met the study’s criteria were Azerbaijan, Bulgaria, Poland, Serbia, Estonia, Latvia, Ukraine, South Africa, Kyrgyzstan, Georgia, and Albania. (Click image to enlarge.)

The researchers compared murder rates in the ten years after abolition of the death penalty to the baseline rate in the year of abolition. Six of the abolitionist countries experienced murder rates below the baseline all ten years following abolition. Four countries had either one or two years in which murder rates were higher than in the year of abolition, but saw murders fall below the baseline within five years and experienced overall downward trends. Only one country in the study, Georgia, saw murder rates trend upwards in the decade following abolition. One decade after abolition, the murder rates in these countries declined by an average of six murders per 100,000 population. The authors conclude, “Death penalty advocates’ fears that the state relinquishing the ultimate punishment will embolden potential criminals, or at least weaken deterrence, prove to be unfounded in light of this evidence.”

The data is consistent with state-level data in the United States, which has repeatedly shown lower murder rates in states that do not have the death penalty than in states that do and that the presence or absence of the death penalty does not appear to affect murder trends. A 2017 DPIC analysis found that abolishing the death penalty had no measurable effect on murder rates in general or the rate at which police officers are killed, contradicting popular arguments that the death penalty is necessary for public safety and to protect law enforcement officials.

A Record 120 Nations Adopt UN Death-Penalty Moratorium Resolution

With the support of a record 120 nations, the United Nations General Assembly adopted a resolution on December 17, 2018 calling for a worldwide moratorium on the death penalty. The resolution expressed “deep concern” over the use of the death penalty and urged those countries that continue to use it to take action to ensure that death sentences are not the product of discriminatory or arbitrary laws or practices. The moratorium resolution, proposed this year by Brazil and co-sponsored by 83 nations, marked the seventh time since 2007 that the global body has formally called for an end to executions. When Italy sponsored the first resolution, it drew the support of 105 countries. This year, the recorded vote was 121-35 in favor, with 32 abstentions. However, Pakistan’s Foreign Office later said that its apparent vote in favor of the resolution had been miscounted.

The UN General Assembly last considered a moratorium resolution during its 2016 session. At that time, 117 countries voted in favor. Dominica, Libya, and Malaysia voted in favor of the resolution for the first time this year, and Antigua and Barbuda, Guyana, and South Sudan moved from opposition to abstention. According to Amnesty International, 139 of the 193 UN member states are abolitionist in law or in practice. Amnesty International Death Penalty Expert Chiara Sangiorgio said in a statement, “The fact that more countries than ever before have voted to end executions shows that global abolition of the death penalty is becoming an inevitable reality. A death penalty-free world is closer than ever.”

On the same day as the UN vote, Pope Francis met with a delegation from the International Commission Against the Death Penalty and reiterated his unequivocal opposition to the death penalty. In a statement prepared for the meeting, the Pope called the death penalty “a consequence of a mentality of the time – more legalistic than Christian – that sanctified the value of laws lacking in humanity and mercy.” He explained the recent revision of the Church’s catechism, saying, “The church could not remain in a neutral position in the face of today’s demands to reaffirm personal dignity.” He urged countries that continue to use the death penalty to adopt a moratorium, with the eventual goal of abolition.

Human Rights Day Marks 70th Anniversary of the Universal Declaration of Human Rights

On December 10, 2018, the United Nations and other international organizations celebrated Human Rights Day, marking the 70th anniversary of the adoption of the Universal Declaration of Human Rights. The Declaration, which has served as a foundation for the UN’s efforts to abolish the death penalty, contains 30 articles stating universally applicable rights based on the “inherent dignity” and “equal and inalienable rights of all members of the human family.” Article 3 declares, “Everyone has the right to life, liberty and security of person,” and has provided the basis of UN treaties and resolutions against capital punishment, including the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, which, as of 2017, had been signed by 85 nations.

When the Universal Declaration of Human Rights was adopted in 1948, only 16 countries had abolished the death penalty. Today, 142 countries are abolitionist in law or practice. The Declaration was written in the wake of World War II and the Holocaust, and called for an end to torture, cruel punishments, and discrimination. It affirmed the rights to fair trials, asylum from persecution, and presumption of innocence. The Universal Declaration, along with the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights, comprise what has come to be known as the International Bill of Rights. Articles 6 and 7 of the ICCPR provide human rights safeguards against the improper use of capital punishment. Article 6 limits the circumstances in which the death penalty can be applied and provides: “Every human being has the inherent right to life. … No one shall be arbitrarily deprived of his life.” Article 7 states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

On the 70th anniversary of the Universal Declaration, a UN statement said, “Thanks to the Declaration, and States' commitments to its principles, the dignity of millions has been uplifted and the foundation for a more just world has been laid. While its promise is yet to be fully realized, the very fact that it has stood the test of time is testament to the enduring universality of its perennial values of equality, justice and human dignity.”

On World Day Against the Death Penalty, Malaysia Announces Abolition Plan, European Union Reaffirms Abolitionist Stance

Marking World Day Against the Death Penalty, the government of Malaysia on October 10, 2018 announced its intention to abolish capital punishment in the Muslim nation of 30 million people. A continent away, the Council of Europe and the European Union issued a joint declaration reaffirming Europe's "strong opposition to capital punishment in all circumstances." The European government organizations also urged their members to implement measures to prevent trade in goods that could be used to carry out executions. As worldwide abolitionist organizations marked the occasion to highlight the living conditions of prisoners on death row, Malaysian officials announced that the country plans to end its use of the death penalty in its entirety. "All death penalty will be abolished. Full stop," said Law Minister Datuk Liew Vui Keong. He said the measure has been approved by the cabinet to be considered during the next Parliamentary session, which begins on October 15. Communications Minister Gobind Singh Deo told the Associated Press, "This is part of our election pledge and also in line with the move away from capital punishment in the rest of the world." Malaysia currently holds about 1,200 people on death row, and mandates capital punishment for crimes including murder, drug trafficking, kidnapping, and terrorism. In their joint statement, the Council of Europe and the European Union called the death penalty "an affront to human dignity" that "constitutes cruel, inhuman and degrading treatment and is contrary to the right to life. The death penalty has no established deterrent effect and it makes judicial errors irreversible." A country must have abolished capital punishment as a condition of membership in the European government organizations, and the statement urged Belarus—the only European country that still uses the death penalty—to impose a moratorium on the death penalty "as a decisive step towards aligning the country with pan-European standards." The statement also called on member states to "continue taking effective measures to prevent their involvement, however indirect, in the use of the death penalty by third countries. .... In this context," the statement said, "the Council of Europe and the EU will continue promoting the 'Global Alliance to end trade in goods used for capital punishment and torture'." Europe's trade stance has directly affected executions in the United States, as European countries have blocked the export of lethal-injection drugs to the United States.

Pages