In the past three months, positive strides have been made in Malaysia towards limiting the scope of capital punishment, as its Parliament removed the mandatory death penalty for 12 offenses. This significant step was long awaited by the abolitionist movement, which commended the decision and is now calling on Malaysian authorities to take further steps to completely abolish the death penalty and commute the sentences of the 1,337 prisoners on death row.
However, the path towards the abolition of the death penalty is still strewn with obstacles, as highlighted by the latest Amnesty International Global report on death sentences and executions in 2022, published in May 2023. Disturbingly, known executions worldwide have witnessed a sharp 53% increase last year, reaching the highest figure since 2017. More recently, this alarming trend could have been observed with great concerns in Iran, where on average, observers reported that more than 10 people are put to death each week since the beginning of the year, including in relation to the nationwide protests. In particular, Iranian authorities would have executed at least 60 persons from late April to mid-May.
It is essential to emphasize that the death penalty amounts to torture and other cruel, inhuman or degrading treatment or punishment, the prohibition of which, is a peremptory norm of international law. On the International Day in Support of Victims of Torture, which took place on 26 June, PGA and Hon. Millie Odhiambo, Convenor of the ADP Campaign, expressed their deep solidarity with the communities of victims and survivors who have suffered this abhorrent violation of human rights and dignity, as well as of their loved ones, and recalled that fighting against torture is fighting against the death penalty.
June, known as Pride Month, unfortunately began on a somber note for the LGBTQI+ community, as President Musevini enacted the Anti-Homosexuality Bill in Uganda on 29 May, which includes the death penalty for the so-called offence of “aggravated homosexuality”. Worryingly, a similar Family Protection Bill, mirroring Uganda’s discriminatory legislation, was introduced in Kenya’s National Assembly of Kenya, and other similar developments are emerging in Tanzania and South Sudan.
These recent events therefore underline the need to redouble our efforts in the fight against the death penalty, to prevent any regression. Today, more than ever, it is crucial to strengthen our campaign, raising awareness, and urging nations to fulfill their international obligations and live up to their commitments.
Positive developments
o The Ivoirian National Assembly and the Senate adopted a Bill authorizing the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the Death Penalty (OP2-ICCPR). Côte d’Ivoire is already an abolitionist country for all crimes, but by ratifying the only international treaty banning the death penalty, the country would reinforce its commitment towards human rights. (6 June 2023)
Malaysia:o The Parliament of Malaysia removes the mandatory death penalty for 12 offenses, therefore reducing the scope of application of the use of capital punishment. UN experts welcomed this decision, and called on Malaysia to take further steps to completely abolish the death penalty and commute the sentences of 1,337 prisoners sitting on death row. The law entered into force on 4 July 2023. (3 April 2023)
USA:o Deemed unconstitutional by the state Supreme Court in 2018, Washington state officially abolished the death penalty. The death penalty remains legal in 27 states in the USA. (21 April 2023)
Vietnamo Two Australians citizens facing the death penalty in Vietnam were granted clemency thanks to improving diplomatic relations between the two countries. Vietnam, were data on the use of the death penalty is classified as a state secret according to Amnesty International, still retains the use of capital punishment for a variety of crimes, including drug-related offenses. (6 June 2023)
Setbacks:
o UN experts expressed alarming concerns following announcements from the de facto government that courts across the country had sentenced 175 individuals to Qisas punishments (retaliation in kind), 37 individuals to stoning, and 103 inviduals to Hudood punishments (crimes against God), such as lashing. Such punishments constitute torture or other cruel, inhuman, or degrading treatment or punishment, and are contrary to international law. The Taliban authorities resumed judicial executions, including publicly, after none of them were recorded in the country for the previous three years according to Amnesty International. The prohibition of torture is a peremptory norm under international law. Furthermore, Afghanistan is a party to both the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which both prohibit torture and other cruel, inhuman or degrading punishment. (11 May 2023)
Bangladesho Investigative journalist Rozina Islam faces criminal charges, including the death penalty, due to her reporting work on the government’s management of the COVID-19 pandemic. She is accused of having taken pictures of confidential documents and therefore of allegedly violating the Official Secrets Act, which she denied. Last February, UN experts already urged the Bangladesh government to drop the charges against her, and to end the practice of protracted prosecution of journalists and human rights defenders. Bangladesh is a retentionist country. (7 June 2023)
Iran:o At least 537 people were killed and 309 executed in 200 days of nationwide protests. At least 105 protesters also remain at risk of death penalty charges, sentences or execution. Of those, 19 have been sentenced to death in preliminary trials with some at appeal and retrial stages. On average, observers reported that more than 10 people are put to death each week. (4 April 2023)
o Civil society organizations reiterate their concerns for the situation of Dr. Djalali, an Iranian-Swedish scholar who has been wrongfully sentenced to death on unfounded espionage charges in October 2017, and is still at imminent risk of execution. Last year, PGA joined the global urgent call of human rights organizations, pleading Iranian authorities to secure his immediate release. (26 April 2023)
o A Swedish-Iranian national from the Ahwazi Arab minority, Mr. Habib Chaab, was executed by Iranian authorities for alleged terrorism. Two days later, Iranian authorities executed Mr. Yousef Mehrdad and Mr. Sadrollah Fazeli Zara for alleged crimes including blasphemy. According to international observers, since late April, the Iranian authorities would have executed at least 60 people in only two weeks. (6-12 May 2023)
o Iranian authorities continue their repression over anti-government protestors, and executed three individuals, Mr. Majid Kazemi, Mr. Saleh Mirhashemi, and Mr. Saeed Yaqoubi, who were subjected to unfair trials and allegedly tortured. (19 May 2023)
Kenyao A draft Family Protection Bill, which mirrors many aspects of the Uganda Anti-LGBTQI+ Law, was submitted to the National Assembly of Kenya. Similarly to the Ugandan legislation, some provisions includes the use of the capital punishment for the so-called offence of “aggravated homosexuality”. Similar moves are also developing in Tanzania and South Sudan. Kenya retains the death penalty for ordinary crimes, but is considered abolitionist in practice in that they have not executed anyone during the last 10 years. (27 June 2023)
Nigeriao The European Parliament adopts a resolution urging Nigerian authorities to immediately and unconditionally release Nigerian singer Yahaya Sharif-Aminu, and to drop all charges against him and guarantee his due process rights. In 2020, singer Yahaya Sharif-Aminu was given a death sentence by an upper Sharia court in Nigeria, over a song judged blasphemous that he performed and shared in a WhatsApp group. The resolution also calls for the release of Rhoda Jatau, Mubarak Bala, and other individuals facing blasphemy allegations. Nigeria retains the death penalty for a variety of crimes, and in the states that apply Sharia law, this notably includes blasphemy. (20 April 2023)
Saudi Arabia:o Two Bahraini citizens, Sadeq Thamer and Jaafar Sultan, allegedly accused of transporting and possessing explosive materials and subjected to several forms of torture, were executed. They were sentenced to death by the Specialized Criminal Court in October 2021, following an unfair trial according to Amnesty International. (1 June 2023)
o Three citizens convicted of having killed a security officer were executed. Since the start of the year, the country would have executed at least 52 people, including 20 for terrorism-related offences. (11 June 2023)
o Seven young are at risk of imminent execution after an appeal court confirmed their punishment, in violation of the Saudi authorities’ commitment to end their use of the death penalty against children under 18 at the time of the crime. The seven men were children under the age of 18, including one who was 12 years old, at the time of the alleged crimes. Six of them were sentenced on terrorism-related charges, the seventh for armed robbery and murder, after unfair trials marred by torture-tainted confessions. (15 June 2023)
Singaporeo A Singaporean man, Tangaraju Suppiah, was executed for drug related offenses. He was found guilty for allegedly using his phone to coordinate trafficking of cannabis and sentenced to death in 2018, despite his appeal claiming his innocence, as well as CSOs’ concerns around due process and respect for fair trial guarantees. Imposing the death penalty for drug offences is incompatible with international norms and standards, as it does not meet the threshold of the “most serious crimes”. (26 April 2023)
Ugandao Despite condemnations from the international community, including PGA members, the Anti-Homosexuality Bill previously adopted by the Ugandan parliament was enacted into law by President Musevini. While same-sex relationships were already illegal in Uganda, the law now includes the death penalty for “aggravated homosexuality”, “serial offenders”, or the alleged transmission of a terminal illness. (29 May 2023)
USA:Florida will no longer require a jury to unanimously recommend the death penalty. (14 April 2023)
New Reports and Resources:
o The Chairperson of the Working Group on the Death Penalty and Extrajudicial Summary or Arbitrary Killings and Enforced Disappearances in Africa, Hon. Commissioner Idrissa Sow, presented his latest report. The latter underlines the ongoing abolitionist trend within Africa, as 26 countries abolished the death penalty, while 19 countries implement a moratorium on its use. During the Commissioner expressed his concerns over the continuity of the imposition of mandatory death penalty, despite the position of principle reached by the African Court on Human and People’s rights within its Ally Rajabu v. Republic of Tanzania judgement. Commissioner Sow also provided further insights on current efforts related to the Draft Protocol to the Charter on the abolition of the death penalty. (9 May 2023)
Amnesty International:o Amnesty International published its Global report on death sentences and executions in 2022. The latter shows an alarming 53% increase in known executions carried out globally, i.e., the highest figure since 2017. The majority of the 883 confirmed executions (excluding China, where information is kept secret) were carried out by just three of the 20 countries known to have carried out capital punishment last year: Iran, Saudi Arabia, and Egypt. (16 May 2023)
Council of Europe:o The Committee of Ministers organized a thematic discussion on the abolition of the death penalty, with the participation of speakers who gave testimonies based on their personal experience. (5 April 2023)
Death Penalty Projecto The NGO published its 2022 Annual Report, which provides an overview of the achievement of their activities (strategic litigation, legal representation, legal training and capacity building among others) over the past year. (10 May 2023)
Ensemble Contre la Peine de Mort (ECPM)o In the framework of its “Love is not a crime” campaign, ECPM published a report on “10 questions on the death penalty for LGBTQIA+ people”. This dossier enables the general public to better understand the complex legislation of countries applying the death penalty for consensual same-sex relations, which have historical, religious or morality-based particularities imposed by the government in power. (23 June 2023)
Iran Human Rights (IHRNGO) and Ensemble Contre la Peine de Mort (ECPM)o The two NGOs published their 2022 Annual Report on the Death Penalty in Iran. The latter provides further insights on the alarming surge in recorded executions in Iran over the past year. (13 April 2023)
UNAIDSo On the International Day against Homophobia, Transphobia and Biphobia, UNAIDS urged all countries to decriminalize homosexuality. Around the world, 10 out of the 67 countries that criminalize same-sex relationships impose the death penalty. (17 May 2023)
United Nations Assistance Mission in Afghanistan (UNAMA)o UNAMA published its latest report on Corporal Punishment and the Death Penalty in Afghanistan from August 2021 to May 2023. During the period, it recorded judicially sanctioned execution, execution ordered by non-judicial actors, and reported de facto authorities intended executions, of which at least three of the four accused were under the age of 18. UNAMA has also recorded instances of corpses of alleged criminals, killed by de facto security forces, being publicly displayed, mostly in Herat province which was conducted in public and in the presence of numerous, senior de facto officials. (8 May 2023)
UN Human Rights Council in Geneva (UNHRC) – 52nd and 53rd sessions:o At the occasion of its 52nd session, the UNHRC in Geneva organized a panel discussion on the question of the death penalty, during which High Commissioner Türk expressed that “until every nation abolishes the death penalty, the road to defending human dignity will never be fully complete.” (3 April 2023)
o The United Nations Deputy High Commissioner for Human Rights, Ms. Nada Al-Nashif, presented the UN Secretary-General’s report on the situation of human rights in Iran during the 53rd session of the Human Rights Council. The report notes with serious concern the high number of death penalty sentences and executions during the reporting period. In 2022, 582 people were executed, that is a 75 per cent increase compared to 2021 during which 333 people were reportedly executed. There were three children among those executed in 2022. Of the total number of executions, 256 were for drug-related offences. The numbers of those executed from minority communities remain disproportionately high, particularly for alleged drug-related or security-related crimes. During the reporting period, four people were executed for their involvement in the nationwide protests, with serious concerns over due process and fair trial rights, and three more individuals were executed on 19 May. Many of the trials relied on confessions, allegedly obtained under duress, including torture. Since the execution of the four individuals, an additional 19 people were sentenced to death in the context of the protests and are considered at imminent risk of execution. (21 June 2023)
Universal Periodic Review (UPR) 43rd session:o During its 43rd session, several recommendations to abolish the death penalty were made to Barbados, Botswana, Israel, Tonga, and the United Arab Emirates. (1-12 May 2023)
World Coalition Against the Death Penalty (WCADP)o The WCADP launched its quarterly Gender and Death Penalty Newsletter. To receive it, you can subscribe by clicking here.
o Co-organized with ICJ-Kenya, the WCADP held its General Assembly in Nairobi. The first day was open to the public with two plenary sessions on the death penalty in Africa and the World Day theme of torture and four workshops, to engage with experts, activists, and organizations working towards abolition and discuss strategies, gender issues, mental health, drug-related offenses and youth involvement. On the second day elections of the new Steering Committee took place, during which PGA was proud to have been reelected for a 2-year term (June 2023-June 2025), together with 24 other organizations.(23-24 June 2023)
o On the International Day in Support of Victims of Torture, the WCADP published a statement which explores the link between the death penalty and torture. (26 June 2023)
o The WCADP organized a discussion on LGBTQIA+ rights and the death penalty, which gathered organizations from Nigeria, Uganda, Iran and the Caribbean. (30 June 2023)
The PGA Secretariat stands ready to assist you in these or other actions. For technical assistance and more information on the Campaign for the Abolition of the Death Penalty, please contact:
Ms. Frederika Schweighoferova
Senior Legal Officer, Campaign for the Abolition of the Death Penalty
E:
Ms. Olivia Houssais
ILHR Program Associate
E: