Why are many, if not the majority, of #deathpenalty cases amounting to arbitrary executions, whether carried out in #Iran, #SaudiArabia the #UnitedStates or elsewhere? This is a long thread providing some explanations.
International law imposes severe restrictions on the use of death penalty and demands strict safeguards. Non-compliance with these restrictions and safeguards leads to arbitrary and thus unlawful deprivation of life.
The imposition of #deathpenalty in a manner that is contrary to the International Covenant on Civil or Political Rights (e.g. fair trial, prohibition against torture, prohibition against discrimination, etc.) would automatically translate into the execution being deemed arbitrary
The fact that death penalty is carried out through a legal process does NOT make it lawful under international law. Only full respect for stringent due process guarantees distinguishes capital punishment as possibly permitted under international law from an arbitrary execution.
a) Death penalty that is imposed when the guilt of the person is NOT based upon clear, convincing evidence, when there are alternative explanation, when there are any doubts, even small, regarding the evidence, will render the execution arbitrary.
b) Death penalty carried out on the basis of confessions extracted under torture or inhuman, degrading or ill treatment would inevitably render the execution arbitrary in nature.
c) Death Penalty many only be imposed for the “most serious crimes,” which has been translated to mean intentional killing. Death penalty imposed for a crime other than intentional killing will result in the execution being arbitrary in nature.
d) Anyone sentenced to death has the right to seek pardon, commutation of the sentence and amnesty, all of which may be granted. Any death sentence carried out BEFORE such rights have been exercised will render the execution arbitrary.
e) #Deathpenalty shall not be carried out pending any appeal or other recourse procedure. If it is nevertheless carried out, it would amount to an arbitrary execution.
f) Death penalty carried out in a cruel manner, amounting to torture or ill treatment would inevitably render the execution arbitrary in nature. The cruelty goes beyond the execution itself and include the physical/mental sufferings while being on the death row.
g) Death penalty carried out against individuals who were children (under 18 years old) at the time of their crime, or against people with mental disability, is prohibited. If carried out, such execution will be arbitrary.
The death penalty cannot be reconciled with full respect for the right to life. Abolition of the death penalty is both desirable and necessary for the enhancement of human dignity and progressive development of human rights.
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