International

Human Rights Commission Calls for Stay of Execution for Nicaraguan Man on Texas Death Row

(UPDATE: The Texas Court of Criminal Appeals has granted Bernard Tercero a stay of execution to permit him to litigate evidence that a lead prosecution witness testified falsely against him.) The Inter-American Commission on Human Rights (IACHR), a unit of the Organization of American States, has called on Texas officials to stay the execution of Nicaraguan citizen Bernardo Tercero (pictured), who is scheduled to be executed in Texas on August 26. Under international treaties on consular relations, foreign citizens (including Americans abroad) must be afforded access to their government's consulate at the time of their arrest. The IACHR has ruled that Texas' failure to respect these treaty obligations denied Tercero "his right to consular notification and assistance [and] deprived him of a criminal process that satisfied the minimum standards of due process and a fair trial" required under Inter-American human rights treaties. The IACHR also concluded that Tercero's court-appointed counsel "committed serious mistakes that affected his right to defense" and that procedural rulings by the courts in his case denied Tercero the "possibility to have his sentence effectively reviewed." The Organization of American States issued a statement saying that, "Should the state of Texas carry out this execution, it would be committing a serious and irreparable violation of the basic right to life" guaranteed in American human rights instruments. As of June 9, 2015, 139 foreign nationals were on death rows across America, with 61 in California and 22 in Texas. 

Global Trends Point Toward Long-Term Decline of Capital Punishment

A recent article in The Economist highlights continuing long-term international trends away from the death penalty. Since December, three countries - Fiji, Madagascar, and Suriname - have abolished the death penalty, increasing the number of abolitionist countries to above 100. In December, 117 countries voted to support a United Nations resolution for an international moratorium on executions. The article notes a few outlier countries, including the United States and China, in which executions persist and that there has been a rise in executions in portions of the Muslim world. In the U.S., however, death sentences were down and numerous metrics point to the decline of capital punishment. "Of the 31 states that still have the death penalty, half have executed no one since 2010...In 1994 80% of Americans said they endorsed the death penalty in principle. The Pew Research Centre reckons that fewer than 60% do so today—and notes that young Americans are less keen than their elders." Even in China, which carries out more executions than any other nation, the use of the death penalty is on the decline. "The number is a state secret but the Dui Hua Foundation, an American NGO, reckons there were about 2,400 [executions] in 2013, the last year it has been able to track. Campaigns against corruption and terrorism mean the fall may not have continued last year. But the long-term trend is steeply down. In 1983 24,000 people are thought to have been executed." (Click image to enlarge.)

BOOKS: "The Death Penalty: A Worldwide Perspective"

The Death Penalty: A Worldwide Perspective by Roger Hood and Carolyn Hoyle, now in its Fifth Edition, is "widely regarded as the leading authority on the death penalty in its international context." The book explores the movement toward worldwide abolition of the death penalty, with an emphasis on international human right principles. It discusses issues including arbitrariness, innocence, and deterrence. Paul Craig, Professor of English Law at Oxford University, said of the fourth edition, "Its rigorous scholarship and the breadth of its coverage are hugely impressive features; its claim to 'worldwide' coverage is no idle boast. This can fairly lay claim to being the closest thing to a definitive source-book on this important subject."
 

Amnesty International Reports Worldwide Decline in Executions

Executions around the world declined by 22% last year, according to Amnesty International's 2014 annual report on death sentences and executions.  The report -- released on April 1 -- indicates that an estimated 607 people were executed worldwide in 2014, compared to 778 in 2013.  The global totals do not include executions in China, where data on the death penalty is considered a state secret. On a regional level, Amnesty reported notable declines in Sub-Saharan Africa, where both the total number of executions and the number of countries carrying out executions dropped. The number of death sentences imposed worldwide increased compared to 2013, with 2,466 people sentenced to death. This increase was attributable to actions in Egypt and Nigeria, in which mass sentencings occurred and death sentences rose by more than 900. The total number of death sentences imposed in the rest of the world actually decreased compared to 2013. The United States was the only country in the Americas to carry out any executions, though the number of executions dropped to its lowest level in 20 years. The United States had the fifth most executions of any country, behind China, Iran, Saudi Arabia, and Iraq. (Click image to enlarge.)

INTERNATIONAL: European Perspective on America's Death Penalty

In an op-ed in the New York Times, Sylvie Kauffmann, of the French magazine Le Monde, described the interaction between Europe and the U.S. on the death penalty. She noted that Felix Rohatyn said the most controversial subject he faced as the American ambassador to France was the enormous opposition to the U.S. death penalty. She also noted the broad European refusal to have their drugs used in lethal injections. In a recent development, a German investmunt fund sold off its stock in an American drug company because the company planned to sell drugs to Alabama for executions. Kauffmann attributed the decline in the U.S. use of the death penalty to the proliferation of innocence cases and the shortage of lethal drugs.

NEW VOICES: Pope Francis Calls for Abolition of Death Penalty

Pope Francis called for an end to capital punishment in an address on October 23 to the International Association on Penal Law. "It is impossible to imagine that states today cannot make use of another means than capital punishment to defend peoples' lives from an unjust aggressor," the Catholic leader said. He cited the Catechism of the Catholic Church, which says that the death penalty can be used only if it is the "only possible way of effectively defending human lives against the unjust aggressor," and that modern alternatives for protecting society mean that "cases in which the execution of the offender is an absolute necessity are very rare, if not practically nonexistent." Pope Francis said, "All Christians and people of good will are thus called today to struggle not only for abolition of the death penalty, whether it be legal or illegal and in all its forms, but also to improve prison conditions, out of respect for the human dignity of persons deprived of their liberty." In discussing a variety of criminal justice issues, he critiqued the tendency to focus solely on punishment, rather than addressing broader social issues.

International Events Highlight Death Penalty Concerns

Two recent international gatherings emphasized concerns about the death penalty in the U.S. and around the world. On October 14, the Organization of American States hosted an address by the President of the International Institute of Human Rights, Jean-Paul Costa, focusing on the relatively few countries still practicing capital punishment in North and South America. On October 21, the Delegation of the European Union to the U.S. presented a panel discussion featuring DPIC's Executive Director, Richard Dieter (r.), along with other national organizations. The event was cosponsored by the Netherlands, Sweden, and the United Kingdom. Panel members described the sharp decline in the use of the death penalty in the U.S. and future prospects for further change through legislation and court opinions. Among the issues discussed were the quality of representation in capital cases, changes in public opinion, and the effects of the EU's restrictions on drugs for lethal injections in the U.S.

INTERNATIONAL: Philippines to Host International Conference with Focus on Capital Punishment

An international human rights conference with an emphasis on Asian cultural and religious heritage and a special focus on the death penalty will be held in Manila on October 27-28, 2014. Representatives from the Philippines, India, Japan, Indonesia, Sri Lanka, Mongolia, Laos, Cambodia, Vietnam, and the European Union are expected. The conference is being organized by the Department of Justice of the Philippines and the Community of Sant'Egidio, an international Catholic lay association. The event, the first of its kind in Asia, is titled "No justice without life" and is part of Sant'Egidio's "Cities for Life" campaign. President Benino Aquino of the Philippines will offer remarks to open the conference.

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