Growing wave against death penalty
Sunday, June 23, 2013: It may indeed be that European countries lead the global abolitionist movement because that part of the world has seen too many wars and too much death and killing in too many lifetimes. But further, deeper reasons were advanced for the cause during the June 15 closing ceremony of the Anti Death Penalty Congress in Madrid, after abolitionists from around the world met for four days to gauge their efforts in the last three years.
Held under the auspices of the French, Spanish, Swiss and Norwegian governments, the conference held by the World Coalition Against the Death Penalty calculated the growing pluses of the movement and minuses that still need to be dealt with globally. Among them, the Caribbean, where 13 territories including T&T still retain the death penalty and which will be the focus of the movement’s October 10 World Day Against the Death Penalty observances and a heightening of the abolition thrust in this region.
After 21 debate sessions over June 12 to 15, with input from 1,500 participants from 90 countries, the movement has reported expansion of the abolition thrust to 70 states, with hardliners like Iraq showing promise of softening its stance (slightly). Robert Badinter, former French justice minister and author of France’s abolition law, regarded as the movement’s godfather, challenged the Madrid Congress to complete the job towards universal abolition, though he didn’t expect to see it in his lifetime.
The movement’s challenges lie with the retentionist states of Asia, Africa, the Middle East and the Caribbean. Despite Middle East resistance based on culture, religion, terrorism and weak political systems, the conference concluded with formation of the Middle East General Assembly to focus on that area.
Some of India’s legal practitioners pressing for abolition have appealed for the next congress to be held in India. This bid may be pipped by Africa which was called upon by the European Commission for Human Rights to play a leadership role in the future abolition thrust. Certain African states like Rwanda have become abolitionist to assist in cleaning former histories of blood and gore.
Next congress in a retentionist state
The closing session’s announcement that the next congress will be held in a retentionist country, confirms advances the movement has made since its global meetings began in 2001. The WCADP appears more solidly seated now to take members onto retentionist soil. Part of the increased confidence comes from the fact that in the US—a Caribbean neighbour—a retentionist country, the death penalty is on the decline according to Richard Dieter, executive director of the US Information Centre for Capital Punishment.
After 21 debate sessions over June 12 to 15, with input from 1,500 participants from 90 countries, the movement has reported expansion of the abolition thrust to 70 states, with hardliners like Iraq showing promise of softening its stance (slightly). Robert Badinter, former French justice minister and author of France’s abolition law, regarded as the movement’s godfather, challenged the Madrid Congress to complete the job towards universal abolition, though he didn’t expect to see it in his lifetime.
The movement’s challenges lie with the retentionist states of Asia, Africa, the Middle East and the Caribbean. Despite Middle East resistance based on culture, religion, terrorism and weak political systems, the conference concluded with formation of the Middle East General Assembly to focus on that area.
Some of India’s legal practitioners pressing for abolition have appealed for the next congress to be held in India. This bid may be pipped by Africa which was called upon by the European Commission for Human Rights to play a leadership role in the future abolition thrust. Certain African states like Rwanda have become abolitionist to assist in cleaning former histories of blood and gore.
Next congress in a retentionist state
The closing session’s announcement that the next congress will be held in a retentionist country, confirms advances the movement has made since its global meetings began in 2001. The WCADP appears more solidly seated now to take members onto retentionist soil. Part of the increased confidence comes from the fact that in the US—a Caribbean neighbour—a retentionist country, the death penalty is on the decline according to Richard Dieter, executive director of the US Information Centre for Capital Punishment.
Dieter, among congress panellists, said the death penalty peaked in 1999 in the US with 98, and since 1999 there has been a 56 per cent drop in executions as well as among the number of states halting this. There’s been a 75 per cent reduction in executions, Constance de la Vega Law University professor added.
Out of 50 states, only nine did executions in the last year, and some US states are in “moratorium phase,” he added. Dieter said the death penalty is concentrated mainly in southern USA, and there has been no sentences or executions since 2012. US Federal government systems, however, retain the death penalty for all states. Reasons for the decline have been US Supreme Court decisions limiting the sentence for juvenile offenders and restriction of the death penalty to murder, he said.
Colorado University professor, Michael Radelet, another panellist, said 49 per cent of Americans support the death penalty. The rest, support life without parole. He said, “We still have a long way to go in the US, but the picture is optimistic.”
Radelet said the US may have to look to the next 2016 US presidential election—since the president appoints supreme court judges and that could drive the US death penalty debate. “...Or president Hillary Clinton or Michelle Obama,” Radelet quipped.
The Caribbean, which is the focus of the abolition’s movement’s October 10 conference in T&T, is located between the abolitionist countries of South America and the retentionist USA.
T&T’s Leela Ramdeen was asked by congress participants in Madrid if T&T and regional states were influenced by the US in any way. She said no. Regionally ten countries are abolitionist in law—Grenada and Suriname are considered abolitionist in practice and 13 retentionist states include T&T. The abolitionist movement regards the Caribbean as a paradox since there are few executions among the core of countries strongly opposed to abolition.
While the WCADP has noted positions by T&T, Jamaica and Cuba on the issue, it has also noted the issue of capital punishment has “dramatically declined,” highlighting the apparent disparity between policy and practice. The last execution in the Caribbean was in 2008 in St Kitts—the only one since 2003. Only three states issued death sentences in 2012—Barbados, Guyana and T&T. While Cuba and Dominica have no death row prisoners, six states have only one person and T&T has 33.
The movement also notes Caribbean states’ resistance to United Nations resolutions seeking a death penalty moratorium. Nine states including T&T voted against this. Despite use of the death penalty as a crime deterrent, the movement has noted some governments are increasingly realising they must focus on prevention rather than punishment.
T&T’s Leela Ramdeen was asked by congress participants in Madrid if T&T and regional states were influenced by the US in any way. She said no. Regionally ten countries are abolitionist in law—Grenada and Suriname are considered abolitionist in practice and 13 retentionist states include T&T. The abolitionist movement regards the Caribbean as a paradox since there are few executions among the core of countries strongly opposed to abolition.
While the WCADP has noted positions by T&T, Jamaica and Cuba on the issue, it has also noted the issue of capital punishment has “dramatically declined,” highlighting the apparent disparity between policy and practice. The last execution in the Caribbean was in 2008 in St Kitts—the only one since 2003. Only three states issued death sentences in 2012—Barbados, Guyana and T&T. While Cuba and Dominica have no death row prisoners, six states have only one person and T&T has 33.
The movement also notes Caribbean states’ resistance to United Nations resolutions seeking a death penalty moratorium. Nine states including T&T voted against this. Despite use of the death penalty as a crime deterrent, the movement has noted some governments are increasingly realising they must focus on prevention rather than punishment.
Citing anti-crime measures ranging from poverty reduction to education and youth programmes, abolitionists said measures in various Caribbean states are “starting to have some impact.”
Following the announcement of the October 10 conference in T&T, Attorney General Anand Ramlogan said on Tuesday, T&T was well appointed for all meetings. He said, “T&T is the meeting place of the Caribbean, and we’re happy to welcome all international delegations. We’re always interested in the advancement of sensible discussion on the development of human rights.
“It is to the credit of the World Coalition Against the Death Penalty that they and their regional counterparts seek to hold their conference in a country that retains the death penalty as part of its laws. It speaks to the maturity of the agenda and discussions. “We know the issue is a very emotional topic and a high political issue in the region where there’s an unacceptable level of crime, and it will no doubt engender a spirited discussion and give us all an opportunity to present the flip side of the coin.”
Prior to the congress, Ramlogan said ultimately it’s an issue the people will decide upon. At the congress, US’s Radelet also said it was a matter some US populations would decide on.
Following the announcement of the October 10 conference in T&T, Attorney General Anand Ramlogan said on Tuesday, T&T was well appointed for all meetings. He said, “T&T is the meeting place of the Caribbean, and we’re happy to welcome all international delegations. We’re always interested in the advancement of sensible discussion on the development of human rights.
“It is to the credit of the World Coalition Against the Death Penalty that they and their regional counterparts seek to hold their conference in a country that retains the death penalty as part of its laws. It speaks to the maturity of the agenda and discussions. “We know the issue is a very emotional topic and a high political issue in the region where there’s an unacceptable level of crime, and it will no doubt engender a spirited discussion and give us all an opportunity to present the flip side of the coin.”
Prior to the congress, Ramlogan said ultimately it’s an issue the people will decide upon. At the congress, US’s Radelet also said it was a matter some US populations would decide on.
But as far as the abolition movement seems concerned, the final word—and it remains to be seen if it will be heeded universally—may belong to UN commissioner for Human Rights Navanethem Pillay, who called on congress participants to remember “....every time we kill in the name of the people, a piece of our own human dignity is shattered...”
The Anti Death Penalty credo
• Studies show the death penalty isn’t a crime deterrent
• Revenge killing for murder isn’t justice
• Halt hanging—not lives
• Deal with crime, not in more death
• No state should have the power to take a citizen’s life
• It breaches the 1948 universal declaration of Human Rights
• Death penalties create more pain
• It is unhuman, cruel, degrading
• Some victims’ families see no sense in seeking death for their relatives killers
• It is inefficient and denies any possibility of rehabilitation
• A life sentence without parole is similar to a death sentence
• Alternatives can include life sentences subject to review.
The Anti Death Penalty credo
• Studies show the death penalty isn’t a crime deterrent
• Revenge killing for murder isn’t justice
• Halt hanging—not lives
• Deal with crime, not in more death
• No state should have the power to take a citizen’s life
• It breaches the 1948 universal declaration of Human Rights
• Death penalties create more pain
• It is unhuman, cruel, degrading
• Some victims’ families see no sense in seeking death for their relatives killers
• It is inefficient and denies any possibility of rehabilitation
• A life sentence without parole is similar to a death sentence
• Alternatives can include life sentences subject to review.
Courtesy: Guardian Media
