The first quarter of the year was marked by the opening of the 52nd regular session of the Human Rights Council, and the organization of the Biennial high-level panel discussion on the death penalty, which took place on 28 February and focused on the ‘Human rights violations relating to the use of the death penalty, in particular with respect to limiting the death penalty the most serious crimes’. While panelists and country representatives commended the progress made in favor of the abolitionist movement for the last two years – particularly in Africa, where twenty-five States have now fully abolished the death penalty – the discussion also allowed to share good practices and strategies implemented by States to fully abolish the death penalty, even in difficult contexts. Although Article 6 of the International Covenant on Civil and Political Rights (ICCPR) regulates the imposition of the death penalty by countries that have not yet abolished it, panelists made clear that the only crimes permissible in the current state of the law are “crimes of extreme gravity, involving intentional killing.” Yet, not only the death penalty is a violation of the fundamental right to life, but only two retentionist countries (Jamaica and Saint Vincent and the Grenadines) meet this serious threshold in restricting the death penalty for the most serious crimes. In the vast majority of cases, the death penalty is therefore still applied to criminalize adultery, same-sex relationships, blasphemy, apostasy, or drug offences, and in the end, is massively used as a political instrument of fear to repress opposition or discriminate against minorities – hence in complete violation of international human rights law.
A worrying example of this unjustifiable use or threat of use of the capital punishment, was recently provided by the Parliament of Uganda, which on 21 March decided to adopt the Anti-Homosexuality Bill 2023 – a legislation that, if promulgated by the President of Uganda, Yoweri Museveni, would criminalize same-sex relationships, and even prescribe the death penalty for the so-called offense of ‘aggravated homosexuality’. PGA Members strongly condemned the passing of this retrograde legislation, and gathered into a Global Parliamentary Petition to call on President Museveni not to assent the Bill, to prevent it from entering into force. If you are a Member of Parliament, we invite you to sign this Petition, and to share it with other Members of Parliament.
Positive developments
- Azerbaijan:
o Azerbaijan signed Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances. Although the country still needs to ratify it, this means that at this date, all of the Council of Europe’s Member States have now signed the Protocol No. 13. (8 March 2023)
- Japan:
o Tokyo’s High Court ruled that 87-year-old Iwao Hakamada, on death row for 45 years, should be granted a retrial for a conviction based on a forced confession. This long-awaited development may represent a chance for justice for Mr. Hakamada, infamous for being the world’s longest-held death row inmate. (13 March 2023)
- Malaysia:
o The Government of Malaysia takes step forward to abolish the mandatory death penalty. The legislative process is ongoing since June 2022, following the Law Minister’s announcements that its Cabinet had agreed to abolish the mandatory use of the capital punishment. (28 March 2023)
Other positive developments happened on 3 April 2023, which will be reflected in the next Quarterly Update, with the adoption by the Lower House of the Malaysian Parliament of the legislation abolishing the mandatory death penalty for 34 offences, including murder and drug trafficking.
- Sri Lanka:
o Moratorium stays in place in Sri Lanka and anti-death penalty petitioners secure an official record in Court proceedings to protect future rights. (28 March 2023)
- USA:
o 24 members of the Congress join Senator Dick Durbin and Representative Ayanna Pressley in urging the Department of Justice to continue the moratorium on federal executions, including by withdrawing all pending death notices, and by authorizing no new death notices. (3 January 2023)
o Pennsylvania Governor announced that he will not issue any execution warrants during his term, and calls on the General Assembly to abolish the death penalty. (16 February 2023)
Setbacks:
- Bahrain:
o CSOs’ campaign on the case of Sayed Ahmed al-Abbar, a Bahraini arrested in 2016 and under the threat of execution at any time. (19 January 2023)
- Belarus:
o A Bill introducing the death penalty for high treason for civil servants and members of the military was signed into law, thus strengthening the regime’s repression against the opposition. Among other amendments to the country’s Criminal Code, the Bill provides for the use of the capital punishment for officials causing “irreparable damage” to Belarus’ national security through “acts of treason.” (9 March 2023)
- Iran:
o Two Iranian teenagers have been sentenced to death over protests, while four public executions have already taken place in December and January following the beginning of the protest movement in Iran of mid-September. NGOs estimate that at least 109 protesters are at risk of execution, death penalty charges or sentences. (4-7 January 2023)
o UN High Commissioner for Human Rights, Mr. Volker Türk, calls on the Iranian government to respect the lives and voices of its people, as criminal proceedings and the death penalty are being weaponized to punish individuals participating in protests and to strike fear into the population. (10 January 2023)
o Alireza Akbari, British-Iranian dual national and ex-deputy Iranian Defense Minister, convicted by Iran of spying for the UK intelligence, has been executed. He had been detained since 2019, and claimed to have been forcibly administered drugs and chemical substances, held in prolonged solitary confinement, subjected to tortured, and forced to repeatedly make false confessions. (14 January 2023)
- Israel:
o Minister of National Security, Ben Gvir, advanced a Bill to instate the death penalty for Palestinians convicted of terrorism, and to cancel regulations allowing any Knesset members to meet with Palestinian prisoners incarcerated in Israeli prisons. Read the urgent appeal made by Palestinian Civil Society Organisations to the UN Special Procedures to safeguard Palestinian political prisoners’ rights against collective punishment and arbitrary measures. (23 February 2023)
- Saudi Arabia:
o 15 individuals executed since the beginning of March. (22 March 2023)
- Singapore:
o 13 prisoners, including 12 on death row, filed a joint application to seek a Court declaration against the Singapore Attorney-General and the Singapore Prison Service for alleged copyright infringement over the illegitimate copying and forwarding their private correspondences. (21 January 2023)
o Investigation into Human Rights Defenders Kirsten Han and Rocky Howe allegedly in connection with their advocacy against death penalty. (31 January 2023)
- Uganda:
o Parliament of Uganda adopts the Anti-Homosexuality 2023 Bill, which criminalizes LGBTQIA+ persons, and includes the death penalty for the so-called offense of “aggravated homosexuality.” (21 March 2023)
- USA:
o Alabama Governor requested the resuming of executions following the completion of a ‘top-to-bottom’ review of the state’s execution. (24 February 2023)
o 9 executions have been carried out since the beginning of the year, and 45 execution dates have been scheduled by 7 states for 2023. (16 March 2023)
- Yemen:
o Four journalists facing death penalty, among other violations against due process and freedom of expression. (4 March 2023)
New Reports and Resources:
- BBC
o The death penalty and broadcasting bans – The History Hour Podcast. (28 January 2023)
- Harm Reduction International
o Launch of the report on ‘The Death Penalty for Drug Offences: Global Overview 2022’. (16 March 2023)
- Reprieve:
o Launch of the 2023 report on Saudi Arabia and the death penalty – Bloodshed and Lies: Mohammed bin Salman’s Kingdom of Executions. (31 January 2023)
- UN Human Rights Council – 52nd Regular Session:
o High-level panel on the death penalty – Human rights violations relating to the use of the death penalty, in particular with respect to limiting the death penalty to the most serious crimes. Read the statement delivered by UN High Commissioner for Human Rights, Mr. Volker Türk. (28 February 2023)
- Universal Periodic Review – 42nd Session:
o The Human Rights Council adopted the fourth cycle of Universal Periodic Review (UPR) of Morocco, and Tunisia, which took place during the 41st UPR session in November 2022. Both countries took note of the recommendations related to the accession to the Optional Protocol on the abolition of the death penalty, and the abolition of the death penalty in law and practice.
o The 42nd session of the UN Human Rights Council’s UPR Working Group took place from 23 January to 3 February. While States commended Zambia for having abolished the death penalty, they recommended the country to ratify the 2nd Optional Protocol to the International Convention on Civil and Political Rights aiming at the abolition of the death penalty. They recommended that Ghana, Guatemala, Japan, Pakistan, Peru, Republic of Korea, and Sri-Lanka abolish the death penalty.
- World Coalition Against the Death Penalty:
o How the Death Penalty is Politicized: A Reflection on the 8th World Congress. (27 January 2023)
o A Look Back at the 20th Anniversary of the World Day Against the Death Penalty. (27 January 2023)
o The Death Penalty in 2022: Year End Report. (27 February 2023)
For more information or to explore how you can get involved in PGA’s Campaign for the Abolition of the Death Penalty (ADP), please contact:
Ms. Frederika Schweighoferova
Director,
International Law and Human Rights Program
E: schweighoferova@pgaction.org
