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October 10, 2017

Making the case against the death penalty on the 15th "World Day against the Death Penalty"

Bill Richardson, the former New Mexico Gov and US ambassador to the United Nations, has this lengthy new Hill commentary headlined "Death penalty — a fatal, inhuman practice that discriminates against the poor." Here are excerpts:

We celebrate today the 15th World Day against the Death Penalty.  As of today, 105 countries have abolished the death penalty for all crimes. In the past 25 years, 60 countries have abolished the death penalty for all crimes and the number of states that carry out executions has fallen by nearly half.

But it is still not enough: the world’s most populated countries — China, India, United States of America and Indonesia still retain capital punishment along with countries like North Korea, Iran, Saudi Arabia, Iraq, Pakistan, Malaysia and Singapore.  Around half of the world’s population, who live in these countries, is not guaranteed the right to life, as prescribed in Article 3 of the Universal Declaration of Human Rights. Hundreds of executions are carried out every year and thousands are under sentence of death.

Worryingly, the death penalty has been carried out arbitrarily and in a manner that discriminates against the poor and the marginalized sections of society including minority groups and migrant workers.

When I was the Governor of New Mexico, I changed my mind from being a believer of capital punishment as I saw this discriminatory aspect of the death penalty. Besides, there is always the possibility of executing an innocent and so I abolished the death penalty in New Mexico in 2009.  My convictions have only strengthened as 159 persons facing capital punishment in the USA have been reportedly found to be innocent since 1973.

In the USA, most persons facing the death penalty even today cannot afford their own attorney at trial and most court-appointed attorneys are overworked, underpaid or lacked the experience necessary to defend capital punishment trials.

Moreover, prosecutors tended to seek the death penalty more often when the victim was white than when the victim was African-American or of another racial or ethnic origin. These factors have contributed to the arbitrariness of the death penalty. By doing so, the death penalty violates the right to equal dignity and this discrimination condemns them to further marginalization.

This discrimination against the poor and minority communities occurs not just in USA but in practically every country applying the death penalty.  Because of their limited economic means, because of their lack of knowledge of the legal systems and their rights, because of poor legal defense support, because of systemic bias that they face from law enforcement authorities, they are under greater risk of being sentenced to death.

In India, almost 75 per cent of the persons sentenced to death, and in Malaysia, nearly 90 per cent, reportedly belonged to economically vulnerable groups.  In Saudi Arabia, Iran and Pakistan hundreds are executed every year, most of whom are poor or from minority communities; in addition, there are concerns that these three countries carry out executions of those who were juveniles when they allegedly committed the crimes for which they faced the death penalty.

In China, the number of executions carried out is a state secret and reportedly, those executed, feared to be in the thousands, include those belonging marginalized communities including unskilled workers who have little means of defense.  In Indonesia, 13 of the 16 persons executed in the last two years were foreign nationals and there were questions of fair trials in several of these cases.

October 10, 2017 at 02:59 PM | Permalink

Comments

I am with Bill Richardson. I have had my death penalty epiphany. I now fully support the Italian Death Penalty, at no tax payer expense.

Posted by: David Behar | Oct 10, 2017 3:44:33 PM

A recent vote on a UN resolution on the death penalty makes listings like "China, India, United States of America and Indonesia still retain capital punishment along with countries like North Korea, Iran, Saudi Arabia, Iraq, Pakistan, Malaysia and Singapore" a bit incomplete. Japan is a capital punishment state & especially if you remove the top two or three states in the Death Belt, has execution numbers comparable to the U.S.

I wonder if there is a good analysis of the current day death penalty in Japan.

Posted by: Joe | Oct 10, 2017 5:03:52 PM

Japan does not announce the date of the death sentence. Even the terminally ill are spared the cruelty of a countdown to death. That is the sole substantive cruelty of the American death penalty. All other Eighth Amendment claims are totally frivolous, rent seeking, and fraud against the tax payer. Yet, the defense bar, including California appellate lawyers at a party, have never tried this suggestion.

Posted by: David Behar | Oct 10, 2017 5:31:10 PM

Stupid, disgusting as Always.

Posted by: Claudio Giusti | Oct 11, 2017 11:04:11 AM

In Japan you can stay in the death row for 40 years or more and every day the hangman can arrive without warning.
That is a form of torture worse than the American one.

Posted by: Claudio Giusti | Oct 11, 2017 11:07:53 AM

Everywhere around the world, you can live for 90 years, and never know when you will trip, fall, hit your head, and pass away. Death arrives without warning to all of us, including those with a terminal illness. That lack of warning is a kindness, not a cruelty.

Posted by: David Behar | Oct 14, 2017 11:17:00 AM

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