Sunday, February 5, 2012

"Help, I Don't Want to Die - Please Don't Kill Me": Capital Punishment in Asia

According to the United Nations, as of 2008, 141 countries had abolished the death penalty. Only 56 countries still allow the death penalty; however, of those that still allow it, only 18 actually performed executions in 2009. In the countries where the death penalty has been abolished, there is no evidence to suggest that crime rates raised or lowered following abolition - it simply had no impact on criminal acitivity.

Huge strides to end the death penalty have been occurring across Asia over the last several years. South Korea has been execution free for 10 years. On January 1, 2011 Russia's Constitutional Court ordered a stop to all executions. Most recently,  on January 5 of this year, after the President of Mongolia declared a moratorium on executions in 2010, the Mongolian Parliament ratified the second optional provision of the International Covenant on Civil and Political Rights. This protocol instructs the ratifying country to cease all executions and take the necessary steps to fully abolish the death penalty.

Although the world is moving away from the death penalty, it is estimated that China performed over 5000 executions in 2009. As in the United States, the vast majority of people facing execution in Asia are poor and cannot afford proper legal representation.

Fortunately, in 2007, China instituted a sentencing option called the 'sinhuan' which requires that all death penalty cases go to the Supreme Court for review before an execution is carried out. This order has cut the number of executions in half. Further, in March of 2007, the head of the Chinese delegation to the Human Rights Council stated, "we are seeking to limit the application of the death penalty in China...I am confident that with the development and progress in my country, the application of the death penalty will be further reduced and it will finally be abolished".

Although President Barrack Obama has stated that he believes the death penalty is appropriate in certain cases, he has also acknowledged the fact that the criminal justice system in the United States is broken and applied unfairly. To date, neither China or the United States have ratified the International Covenant on Civil and Political Rights (ICCPR) or any of its optional protocols.

The main provisions of the ICCPR also order that no child shall be sentenced to life without the possibility of parole.


1 comment:

  1. montgomery and i just watched the video- great job! thanks for fighting the fight- the world is a better place with the two of you in it. we miss you. it's nice living vicariously through you for now:) xoxo

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