Forum: Human Rights
Issue: The question of abolishing the death penalty
Student Officer: Tilen Kolar
Position: President
»Who, exactly, gives us the right to kill? If killing is wrong, then why are we allowed to kill?«
-John Grisham
INTRODUCTION
The population of the world is huge, that is an apparent fact. We conquer new paths that lead
us to new spheres of life all the time as individuals. But at the end of a day, we live in
societies, furthermore, we are connected. Our dignity and duty is to ask ourselves if lives
matter. According to the amount of deaths, amount of those taken by the death penalty is
minimal. But who are we to decide, that just one lost person is minimal? One life, a thousand
memories, a thousand stories. Every life matters, because our society is complex and even the
'smallest' person is important. Whit on a whit, and we can build a palace.
On the other hand, a discussion about the death penalty is more complicated that it seems to
be. Has a man who killed 20 people the right to live? Is the pure and obvious evil even worth
the same human rights? How can a country provide safety to the majority of people without
the death penalty? But for an instance, how can one prove a homicide, bearing in mind that
humans are fallible creatures?
DEFINITION OF KEY TERMS
Capital punishment: the infliction of the death penalty as punishment for certain crimes.
Execution: for the purpose of this report, the infliction of capital punishment or, formerly, of
any legal punishment.
Denial of human rights: for the purpose of this report, sentencing someone to death denies
them the right to life– enshrined in the Universal Declaration of Human Rights.
Skewed justice system: justice system that is odd, system which does not reflect human
rights.
Retentionist: a person, a country, who advocates the retention of something, especially
capital punishment.
Execution methods: methods of execution (beheading, electrocution, hanging, lethal
injection, shooting in the back of the head and by firing squad).
Amnesty: an act of forgiveness for past offenses, especially to a class of persons as a whole.
Juvenile offenders: criminals aged under 18 years at the time of their crime
BACKGROUND INFORMATION
1) THE HISTORY OF THE DEATH PENALTY
BEGINNINGS
The first established death penalty laws date as far back as the Eighteenth Century B.C. in the
Code of King Hammaurabi of Babylon. The death penalty was also part of the Fourteenth
Century B.C.'s Hittite Code; in the Seventh Century B.C.'s Draconian Code of Athens, which
made death the only punishment for all crimes; and in the Fifth Century B.C.'s Roman Law of
the Twelve Tablets. Death sentences were carried out by such means as crucifixion, drowning,
beating to death, burning alive, and impalement. In the Tenth Century A.D., hanging became
the usual method of execution in Britain. By the 1700s, 222 crimes were punishable by death
in Britain including theft, cutting down a tree, and robbing a rabbit warren. Because of the
severity of the death penalty, many juries would not convict defendants if the offense was not
serious. This lead to reforms of Britain's death penalty. From 1823 to 1837, the death penalty
was eliminated for over 100 of the 222 crimes punishable by death. Britain influenced
America's use of the death penalty more than any other country. When European settlers came
to the new world, they brought the practice of capital punishment. Moral and Martial Laws
provided the death penalty for even minor offenses such as stealing grapes, killing chickens,
and trading with Indians. The last public execution in the USA was on August 1936.
THE ABOLITIONIST MOVEMENT
In the colonial times, the abolitionist movement finds its roots in the writings of European
theorists Montesquieu, Voltaire and Bentham, and English Quakers John Bellers and John
Howard. However, it was Cesare Beccaria's 1767 essay, On Crimes and Punishment, that had
an especially strong impact throughout the world. In the essay, Beccaria theorized that there
was no justification for the state's taking of a life. The essay gave abolitionists an authoritative
voice and renewed energy, one result of which was the abolition of the death penalty in
Austria and Tuscany. American intellectuals as well were influenced by Beccaria.
In 1846, Michigan became the first state to abolish the death penalty for all crimes except
treason. Later, Rhode Island and Wisconsin abolished the death penalty for all crimes. By the
end of the century, the world would see the countries of Venezuela, Portugal, Netherlands,
Costa Rica, Brazil and Ecuador follow suit.
In 1924, the use of cyanide gas was introduced, as Nevada sought a more humane way of
executing its inmates. Gee Jon was the first person executed by lethal gas. The state tried to
pump cyanide gas into Jon's cell while he slept, but this proved impossible, and the gas
chamber was constructed.
Since then, many countries across the world abolished the death penalty. But retentionists are
still present, even though the UN puts lots of effort to abolish capital punishment.
2) THE DEATH PENALTY IN MODERN DAYS
CAPITAL PUNISHMENT BY COUNTRY
Most countries including almost all First World nations have abolished capital punishment
either in law or in practice. Notable exceptions are the USA, China, North Korea, Japan, and
most Muslim States.
Since World War II, there has been a trend toward abolishing the death penalty; 36 countries
have retained the death penalty in active use, 103 countries have abolished capital punishment
altogether, six have done so for all offenses except under special circumstances, and 50 have
abolished it in practice because they had not used it for at least ten years or are under a
moratorium.
Legend
Abolished for all crimes – 103 (53%)
Abolished for all crimes except under exceptional/special circumstances (such as crimes
committed in wartime) – 6 (3%)
Not used in practice (under a moratorium or have not used capital punishment in at least 10
years) – 50 (26%)
Retainers of the death penalty in law and practice – 36 (18%)
*Note – Accurate as of March 2015 when Suriname abolished capital punishment.
VIOLATION OF HUMAN RIGHTS
Even though particular points of views differ state by state, general opinion of the most
democratic societies is clear-death penalty is not acceptable in the 21st century. Many people
believe, that capital punishment is the worst violation of human rights, because the right of
life is the most important, and capital punishment violates it without necessity and inflicts
upon the condemned a psychological torture. Human rights activists oppose the death penalty,
calling it 'cruel, inhuman and degrading punishment'. Amnesty International considers it to be
the ultimate irreversible denial of Human Rights.
a)CONS
Why the Death Penalty is wrong
Denial of human rights. Sentencing someone to death denies them the right to life –
enshrined in the Universal Declaration of Human Rights.
Irreversible and mistakes happen. Execution is the ultimate, irrevocable punishment: the
risk of executing an innocent person can never be eliminated. Since 1973, for example, 150
US prisoners sent to death row have later been exonerated. Others have been executed despite
serious doubts about their guilt.
Does not deter crime. Countries who execute commonly cite the death penalty as a way to
deter people from committing crime. This claim has been repeatedly discredited, and there is
no evidence that the death penalty is anymore effective in reducing crime than imprisonment.
Often used within skewed justice systems. Some countries executing the most people have
deeply unfair legal systems. The ‘top’ three executing countries – China, Iran and Iraq – have
issued death sentences after unfair trials. Many death sentences are issued after ‘confessions’
that have been obtained through torture.
Discriminatory. People are more likely to be sentenced to death if you are poor or belong to a
racial, ethnic or religious minority because of discrimination in the justice system. Also, poor
and marginalized groups have less access to the legal resources needed to defend themselves.
Used as a political tool. The authorities in some countries, for example Iran and Sudan, use
the death penalty to punish political opponents.
In relation to free will, some criminals are suffering from mental illness or are having
clouded
judgment
at
the
time
of
the
crime.
Opponents contend that there are instances where people commit premeditated crimes and are
aware of what they are doing. However, it does not discount the fact that crimes can also be
committed out of passion or extreme anger triggered by a situation which makes an offender
act on impulse. There are also those who are suffering from mental illnesses and are not
taking medication which can lead to them committing offenses they have no control of.
It is an added cost to the government and taxpayers’ money.
With the argument that life imprisonment with no parole is more expensive, opponents say
that in general, the government spends more taxpayers’ money in handling cases of death row
inmates. This is due to the length and complexity of trials, the number or defenders to be hired
and the overall process. They contend that there are two trials the state will spend for. One is
for the verdict and another for the sentencing, not including the number of appeals that will be
submitted while keeping the convicted prisoner inside maximum security.
b) PROS
Death penalty costs the government less than opposed to life imprisonment without
parole.
Proponents say despite expenses incurred by the government from imposing capital
punishment, death penalty is still cheaper compared to the costs of life without parole.
Although there is no contention that the cost of the former is high, life imprisonment is
accumulatively higher given the expenses for food, health care and other costs of sustaining
the lives of incarcerated individuals serving life.
It
deters
would-be
criminals
to
commit
felonies.
Advocates of death penalty cite examples on how imposing the death sentence or abolishing it
have affected crime rate. According to a study conducted in the late 1960’s, there was a 7%
crime rate increase on the years when this law was abolished. On the other hand, fewer crimes
were committed with the increase in number of inmates in the death row who were executed
each year. Proponents say that these figures clearly indicate the efficacy of capital punishment
on deterring crimes.
Death penalty is a just punishment for crimes committed against the rights to life,
freedom
and
safety
of
victims.
It is the right of an individual to live peacefully and be free from harm. Unfortunately, crimes
like murder, rape and assault are committed by perpetrators who have no regard for life and
property of others. Since they violate other people’s lives, it is but fair that they are brought to
justice and suffer the fate they rightfully deserve. People who are for capital punishment also
talk about free will wherein an individual is given the right to do things in his or her own
volition and he or she is responsible for his or her own fate.
The absence of death penalty is synonymous to crime rate increase.
As reported by time magazine, an estimated 2,000,000 people in the United States have been
victims of crimes, from assault to murder. With insufficient laws to address this problem or
the lack of teeth in these laws, criminals become careless and bolder to commit heinous
crimes because of the leniency in punishments and loop holes in the justice system. For these
reason, there is a need for death penalty.
JUVENILE OFFENDERS
Between 2005 and May 2008, Iran, Pakistan, Saudi Arabia, Sudan and Yemen were reported
to have executed child offenders, the most being from Iran.
The United Nations Convention on the Rights of the Child, which forbids capital punishment
for juveniles under article 37(a), has been signed by all countries and ratified, except for
Somalia and the United States (notwithstanding the latter's Supreme Court decisions
abolishing the practice). The UN Sub-Commission on the Promotion and Protection of
Human Rights maintains that the death penalty for juveniles has become contrary to a jus
cogens of customary international law. A majority of countries are also party to the UN
International Covenant on Civil and Political Rights (whose Article 6.5 also states that
'Sentence of death shall not be imposed for crimes committed by persons below eighteen
years of age...').
CAPITAL CRIME
Murder
One crime which capital punishment is used for is murder. Supporters of the death penalty
argued that death penalty is morally justified when applied in murder especially with
aggravating elements such as for multiple murder, child murder, serial killing, torture murder,
mass murder, terrorism, massacre or genocide. It is said that capital punishment for murder is
and should be 'an eye for an eye, a tooth for a tooth'.
Drug trafficking
Some countries that retain the death penalty for murder and other violent crimes do not
execute offenders for drug-related crimes. Countries that have statutory provisions for the
death penalty for drug-related offenses as of 2012 include: Afghanistan, Bangladesh, Brunei,
China, Taiwan*, Cuba, Egypt, Indonesia, Iran, Iraq, Kuwait, Laos, Malaysia, Oman, Pakistan,
Saudi Arabia, Singapore, Somalia, Sri Lanka, Thailand, Vietnam, United Arab Emirates, the
USA, Yemen, Zimbabwe.
Other offenses
Other crimes that are punishable by death include terrorism, adultery (Saudi Arabia, Iran),
sodomy, religious offenses such as apostasy (Saudi Arabia, Iran) and blasphemy (Saudi
Arabia, Pakistan), sorcery (Saudi Arabia), economic crimes (China), rape (Saudi Arabia),
forms of aggravated robbery (Saudi Arabia, Kenya, Zambia), treason, acts against national
security and other crimes against the state (Iran, Gambia, Kuwait, Lebanon, North Korea,
Palestinian Authority, Somalia).
WRONGFUL EXECUTION
It is frequently argued that capital punishment leads to miscarriage of justice through the
wrongful execution of innocent persons. Many people have been proclaimed innocent victims
of the death penalty. The bright historical fact is, that in the United Kingdom, capital
punishment was abolished in part because of the case of Timothy Evans, an innocent man
who was hanged in 1950. Stories about innocent people executed are common.
DOES CAPITAL PUNISHMENT IN PARTICULAR STATE EFFECT ON ITS
INTERNATIONAL RELATIONS?
The answer is yes. Capital punishments can harm good relations because of moral
perspectives of some countries. It can also happen, that executed person is not a citizen of a
country where he was executed. The problem is, that some states do not want to deliver an
offender. You can find lots of information on this topic in many articles.
MAJOR PLAYERS INVOLVED
Saudi Arabia
We can definitely say, that Saudi Arabia is a major player in these fields, especially because of
recent events. Saudi Arabia had a shameful start to 2016, executing 47 people in a day, after a
year with one of the highest execution rates in its recent history. Those events caused an
international outrage among the UN member stats and human rights organizations. Plenty
more, Saudi Arabia also executes criminals, who were minors at the time of the offense.
Vastly organizations, the UN and others are constantly trying to maintain discussions with
Saudi officials, but no success is visible currently.
The United States of America
Nowadays, States are frequently represented as the most democratic and tolerant society in
the world. Evidently, capital punishments performed in the USA, are not included as a part of
those perceptions, since death penalty is a legal sentence in 31 states and the federal civilian
and military legal system. Even though officials views say it is irrelevant to point out
concerns like the following is, the fact is, that the death penalty can be used in the name of
anticipation and not relevant crimes. That is worrisome, because it is not a secret anymore,
that many »whistlers« are present in the US, who point out many »unclean« documents. They
may be punished in the undemocratically way. The fact which is the most worrisome is, that
around a half of the population supports the death penalty, according to many surveys. So the
major reason why the USA is the major player is the fact, that such developed society uses
capital punishment.
People's Republic of China
Human rights campaigners continue to criticize China for executing hundreds of people every
year and for failing to stop torture, as well as for continuing to censor political and artistic
expression. According to human rights organizations, China is also country with the largest
number of death sentences. However, the official statistics of executions in the country is kept
secret. Currently seven Russians are sentenced to death in China, all of them are drug dealers.
They still have a chance to survive. In the eyes of other countries, conditions in Chinese
justice system are alarming. The British Foreign Office alone sent at least 10 requests for
revision of the sentence to Beijing. Death sentence is provided by over 60 articles of the
Chinese criminal law. For example, the death penalty can be given for financial fraud,
pimping, violent crime, bribery, sale of counterfeit drugs, damage to electrical wires,
unauthorized excavation of ancient tombs and a bunch of other crimes.
Iran
For years, Iranian authorities have used the death penalty to spread a climate of fear,
especially in a misguided effort to combat drug trafficking. Iran, despite its ratification of
the Convention on the Rights of the Child and International Covenant on Civil and Political
Rights, was the world's largest executioner of juvenile offenders, for which it has received
international condemnation; the country's record is the focus of the Stop Child Executions
Campaign. But on 10 February 2012, Iran's parliament changed the controversial law of
executing juveniles. In the new law, the age of 18 (solar year) would be for both genders
considered and juvenile offenders will be sentenced on a separate law than of adults. Based on
the Islamic law which now seems to have been revised, girls at the age of 9 and boys at 15 of
lunar year (11 days shorter than a solar year) were fully responsible for their crimes. Iran
accounted for two-thirds of the global total of such executions, and currently has roughly 140
people on death row for crimes committed as juveniles (up from 71 in 2007). The past
executions of Mahmoud Asgari, Ayaz Marhoni and Makwan Moloudzadeh became
international symbols of Iran's child capital punishment and the judicial system that hands
down such sentences.
The European Union
In all 28 member states, the death penalty is abolished. The fact is, that EU is playing the
major role in spreading peaceful trends. With one of the most developed diplomacy, the EU is
constantly warning states where the death penalty is present.
TIMELINE OF EVENTS
Death Penalty and Human Rights Standards
1948
The United Nations adopted without dissent the Universal Declaration of Human
Rights (UDHR). The Declaration proclaims the right of every individual to protection
from deprivation of life. It states that no one shall be subjected to cruel or degrading
punishment. The death penalty violates both of these fundamental rights.
1966
The UN adopted the International Covenant on Civil and Political Rights
(ICCPR). Article 6 of the Covenant states that "no one shall be arbitrarily deprived of
his life" and that the death penalty shall not be imposed on pregnant women or on
those who were under the age of 18 at the time of the crime. Article 7 states that "no
one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment."
1984
The UN Economic and Social Council (ECOSOC) adopted 'Safeguards
Guaranteeing Protection of the Rights of Those Facing the Death Penalty.' In the
same year, the Safeguards were endorsed by consensus by the UN General Assembly.
The Safeguards state that no one under the age of 18 at the time of the crime shall be
put to death and that anyone sentenced to death has the right to appeal and to petition
for pardon or commutation of sentence.
1989
The UN General Assembly adopted the Second Optional Protocol to the ICCPR. Its
goal is the abolition of the death penalty.
1990
The Protocol to the American Convention on Human Rights was adopted by the
General Assembly of the Organization of American States. It provides for the total
abolition of the death penalty, allowing for its use in wartime only.
1993
The International Criminal Tribunal for the Former Yugoslavia stated that the
death penalty is not an option, even for the most heinous crimes known to civilization,
including genocide.
1995
The UN Convention on the Rights of the Child came into force. Article 37(a)
prohibits the death penalty for persons under the age of 18 at the time of the crime.
1999
The UN Commission on Human Rights (UNCHR) passed a resolution calling on all
states that still maintain the death penalty to progressively restrict the number of
offenses for which it may be imposed with a view to completely abolishing it.
2002
The Council of Europe's Committee of Ministers adopted Protocol 13 to the
European Convention on Human Rights. Protocol 13 is the first legally binding
international treaty to abolish the death penalty in all circumstances with no
exceptions. When it was opened for signature in May 2002, 36 countries signed it.
2005
The UNCHR approved Human Rights Resolution 2005/59 on the question of the
death penalty, which called for all states that still maintain the death penalty to abolish
the death penalty completely and, in the meantime, to establish a moratorium on
executions.
2007
The UN General Assembly (UNGA) approved Resolution 62/149which called for all
states that still maintain the death penalty to establish a moratorium on executions with
a view to abolishing the death penalty.
POSSIBLE SOLUTIONS
We can not avoid the fact that the UN trends favor to solutions that abide high human rights
standards. Please keep that in mind. Countries where capital punishment is legal could
recommend small cutback of executions as a deal with 'fairer' countries. An obligatory public
statistics of the number of executions, reasons for them etc., can be the first short solution.
The upgrade of those solutions could be a long-term plan in which all states should participate
in the abolishing of the death penalty. Money stimulation can be included. I have in my mind
following scenario: the UN can establish money fond to attract poor countries with capital
punishments. Collaboration with rich states (with capital punishment) should be infringed
(embargoes, limitations etc.). The quantity of solutions should be vast, and they should be
peaceful. I wrote a few of them to stimulate you. Be curious, creative, courageous, so we can
have a good debate.
NOTES FROM THE CHAIR
Peace. Peace liberates. Peace liberated me. Peace will liberate you.
Dear delegate, congratulations! You scrambled through this long chair report. I hope that you
got some useful information. Please search for more articles online, in books… This report is
meant only for guidance.
You can see that we will have interesting discussions about human life. Keep in mind that the
global trend is leaning away from capital punishments. A lot of resolutions have been made on
this topic and the UN appeals the member states to abolish the death penalty. So, are you
ready? Just try to look at the problem through the eyes of a country that you represent, learn
about laws, standpoints etc., and try to pursue resolutions.
You are special. You are going to participate at the outstanding event. Be proud of yourself! I
really look forward to seeing you!
USEFUL LINKS
http://www.un.org/en/sections/priorities/human-rights/
https://www.hrw.org/
https://www.amnesty.org/en/what-we-do/death-penalty/
http://www.deathpenaltyinfo.org/
http://www.deathpenaltyworldwide.org/
http://theconversation.com/moratorium-or-not-indonesia-could-be-abandoning-the-deathpenalty-51039
http://news.bbc.co.uk/2/hi/country_profiles/default.stm
http://www.britannica.com/topic/capital-punishment
http://www.religioustolerance.org/execute.htm
http://www.loc.gov/
http://www.worldcoalition.org/?
gclid=CjwKEAiA__C1BRDqyJOQ8_Tq230SJABWBSxnjwSWYGeQzcfePzzOURL_pC0Ljjii2AM4U3sJwHGdxoCqdHw_wcB
http://time.com/deathpenalty/