Cultural Cohesion in Regional Organizations: Equatorial Guinea, The CPLP, and its Death Penalty Abolition

Abolition of Death Penalty: A Derailed Phenomenon of the International Community

本研究從社會人口轉型因素，社會情境因素，與社會條件因素探討影響台灣地區民眾支持或是不支持廢除死刑的相關社會因素。這些主要影響民眾支持廢除死刑的因素，包括社會人口轉型因素（後物質主義價值觀），社會情境因素（民眾對犯罪的恐懼焦慮與憤怒、犯罪應報觀、民眾對生命權的覺知、民眾的社會公義感、刑事司法機構的人性化覺知），社會條件因素（死刑替代方案的覺知、對司法可能誤判的覺知、對死刑犯多為特定階級、種族、與性別的覺知、對犯罪被害人有積極補償措施的覺知、對死刑殘忍效應可能擴散的覺知）。 針對台灣地區兩百位民眾所做的面對面訪談調查，研究結果顯示本研究所提出之理論研究架構在實證資料分析中得到相當有力的支持。第二次人口轉型所帶來的後物質主義政策面（非人口面）的價值觀，社會情境因素，以及社會條件因素均對民眾是否支持廢除死刑制度的態度有預期之正向顯著的作用。後物質主義政策面的價值觀透過社會情境因素與社會條件因素對民眾是否支持廢除死刑制度的態度有直接與間接之作用效果。政策面的後物質主義價值觀對民眾是否支持政府減少死刑法律條文的傾向則有間接之影響作用，社會情境因素與社會條件因素完全中介政策面後物質主義價值觀對民眾是否支持政府修法減少死刑條文的態度。本研究結論認為提昇整體社會後物質主義價值觀（而非物質主義價值觀），改變民眾的犯罪應報觀，與積極促進民眾對於生命人權的重視等措施與對策的研擬與行動是推動廢除死刑制度的重點可行的方向。

This paper employed simple random sampling technique to critically analyse the crime situation in 11 countries that have abolished the death penalty with the aim of drawing lessons for Nigeria. Nigeria is one of the 15 African countries that are yet to abolish the death penalty. Secondary data were collected from the World Bank for 11 countries distributed across six continents. After presenting the trends using graphs, arithmetic mean was used to compare crime rates in these selected nations before and after the abolition of the death penalty. It was found that crime rates were lower in eight of the eleven nations after the abolition of the death penalty. Using the evidence gathered from these and the lessons learned as a basis, the paper makes a case for the abolition of the death penalty in Nigeria. The paper argued also that the practice of the death penalty has not deterred nor reduced crime in Nigeria after its long history in practice. It was concluded that the abolition of the death penalty might reduce crime rates in Nigeria going by what is happening in most of the other nations that have abolished capital punishment. This paper implies that empirical evidence has been provided that supports the claims of Amnesty International that the death penalty is not deterrence for crime.

Abolition of Death Penalty with Special Reference to Pakistan Part 2

The key factor in maintaining a moratorium on the death penalty in Russia is its membership in the Council of Europe, which requires compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the abolition of the death penalty. One of the proponents of maintaining Russia’s adherence to the Convention is the Russian Constitutional Court. However, the return of the death penalty as a capital punishment finds some support in Russia. Therefore, the Constitutional Court has to maintain a balance between two forces: internal pressure from public opinion and a number of conservative government representatives, and fidelity to the fundamental principles of the Russian Constitution and international law, backed up by international obligations undertaken by Russia. The purpose of this article is to identify and analyze contradictions among the priorities of the Russian Constitutional Court in its implementation of foreign and domestic legal policy through a political and legal analysis of its argumentation regarding the abolition of the death penalty. In turn, full-fledged analysis of the Court’s argument is possible only by taking into account the domestic and international contexts. The article is structured as follows: firstly, it examines the evolution of the question of the abolition of the death penalty in Russia and the main decisions of the Russian Constitutional Court related to the introduction and maintenance of a moratorium on the death penalty. Secondly, it examines the domestic context of decisions taken by the Court from the perspective of key actors (the professional community, government officials, public opinion). Thirdly, it considers the international context of decision-making (the development of relations between Russia and the Council of Europe, the Russian Constitutional Court and the European Court of Human Rights, as well as foreign experience with the issue of abolition of the death penalty). In conclusion, the article analyzes the main arguments of the Russian Constitutional Court to justify the need to abolish the death penalty and discusses the role of the Constitutional Court in resolving the death penalty issue.

Great strides have been made in abolishing the death penalty throughout the world. Although a largely post - World War II effort, an increasing number of nations have moved toward death penalty abolition. Some nations new to abolition, for example, have done so tagainst the grain of strong public and political sentimentt merely to gain membership in the Council of Europe (COE), seen as a tstepping stonet to European Union (EU) accession. Nevertheless, progress toward abolition has been achieved on an international scale and regional human rights systems have played a significant role in that process. This chapter addresses the decisions critical to each court's efforts to advance the abolition of the death penalty and the effectiveness of those decisions. Abolitionist nations have taken the matter beyond extradition into the area of offering mutual legal assistance. Keywords: Council of Europe (COE); death penalty abolition; European Union (EU) accession; regional human rights

This paper examines Malaysia’s recent abolition of the mandatory death penalty in July 2023 and contrasts it with the United Kingdom, where the death penalty for murder was fully abolished in 1969. It explores the ongoing debate surrounding capital punishment, with a focus on human rights and ethical concerns. The primary objective is to identify the challenges in implementing the Abolition of Mandatory Death Penalty Act 2023 and to propose potential improvements. A qualitative research methodology was adopted, involving semi-structured interviews with key stakeholders in the criminal justice system, including a deputy public prosecutor, a magistrate, and experienced lawyers. The study draws on primary legal sources, such as the Malaysian Penal Code, the Abolition of Mandatory Death Penalty Act 2023, and the UK’s Homicide Act 1957, as well as secondary sources, including journal articles and online databases. The findings aim to assist stakeholders, particularly law enforcement and policymakers, by offering informed recommendations to further strengthen Malaysia’s criminal justice system in upholding the principles of fairness and aligning with established international human rights standards.

Questionable guilt

This article begins with a short history of the punishment of death and highlights the methods by which it is carried out. It then discusses the death penalty from a global perspective with emphasis on Nigeria and the United States of America, and considers recent trends towards its abolition. The international and national efforts towards the abolition of the death penalty are examined. The article concludes that the global move toward abolition of death penalty is a move in the right direction. East African Journal of Peace and Human rights Vol. 13 (1) 2007: pp. 30-53

The Modern Law ReviewVolume 29, Issue 2 p. 184-186 Free Access Murder (Abolition of Death Penalty) Act 1965 L. J. Blom-Coofer, L. J. Blom-CooferSearch for more papers by this author L. J. Blom-Coofer, L. J. Blom-CooferSearch for more papers by this author First published: March 1966 https://doi.org/10.1111/j.1468-2230.1966.tb01115.xAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Volume29, Issue2March 1966Pages 184-186 RelatedInformation

The Justification on the Abolition of Death Penalty - The Judicial Murder and Wrongful Convictions of the Death Penalty -

Foreword Holistic approaches to transparency and sustainable development in Sub-Saharan Africa: Background and objectives J. Runge & J. Shikwati Geological resources and governance How geological resources can aid Africa's development J. Shikwati An overview of geological resources in Sub-Saharan Africa: Potential and opportunities for tax revenue from the extractive sector P. Buchholz & M. Sturmer Transparency and the value chain in extractive industries in Central Africa A. Bomba Fouda Investments in the mining industries for sustainable development E.P. Ambomo International approaches to improve resource governance in Africa M. Schnell & M. Grosmann Case studies Uganda's oil boom: Potential and risks H.G. Babies & B. Pfeiffer World Bank's failure in Chad-Cameroon oil project G. Ngarsandje Turning the curse into a blessing: A convenient Illusion. Lessons from the Nigerian EITI process M. Muller Geological resources and transparency in the Central African commodities sector-examples from Equatorial Guinea and the Central African Republic J. Runge Whither communities? Restorative justice in the Tiomin Kenya Ltd. titanium mining case C.A. Khamala Good governance, transparency and regulation in the extractive sector S.V. Rungan, C. Musingwini & H. Mtegha The impact of EITI and the role of civil society in Africa in promoting and advancing transparency in the extractives sector M.-A. Kalenga & members of the EITI International Secretariat Investment in extractive industries and sustainable development in Central Africa Z. Tourere Regional approaches and activities of the private sector (companies) Regional organisations' approach to mining and exploitation in Sub-Saharan Africa H. Mtegha, C. Musingwini, S.V. Rungan & O. Oshokoya Instruments and experiences to improve resource governance in a multinational context-cooperation with the Commission of the Economic and Monetary community of Central Africa (CEMAC) J. Runge Corporate Social Responsibility (CSR) in Cameroon E. Dibeu Rating the social and environmental quality of commodities R.D. Hasler Artisanal mining, gender and HIV/AIDS Artisanal mining activity-a benefit or a burden for sustainable development in Central Africa? A. Bomba Fouda Institutional aspects of artisanal mining in forest landscapes, western Congo Basin J. Schure, V. Ingram, J.C. Tieguhong & C. Ndikumagenge Legal and fiscal regimes for artisanal diamond mining in Sub-Saharan Africa: Support for formalisation of artisanal diamond mining in Central African Republic J. Hinton, E. Levin & S. Snook Reflections on capacity building for women in small-scale mining within the CEMAC zone I. Boukinda & J. Runge Best practices working in partnership in response to HIV and AIDS in mine site Lake Zone in Tanzania L. Ndeki, P. Sekule, K. Kema & F. Temu HIV/AIDS in the informal mining sector evidenced by rapid antibodies tests-the Bossoui village case study (Lobaye, Central African Republic) J. Runge & C. Ngakola Outlook Conclusion: The urgent need to include African people-where do we go from here? J. Shikwati & J. Runge Author index Colour plates

Death penalty keeps being common and widespread punishment in certain parts of the world. Despite the worldwide trend aimed at abolition of death penalty, numerous scholars and practitioners keep arguing about the status of this punishment, as well as its pros and cons. However, the approach of death penalty applicable to states has not been in the mainstream research despite states having collapsed or ceased existence in multiple ways throughout all human history. The widespread application of the rule of law principle was one of the major causes of the abovementioned trend on limiting and abolishing death penalty worldwide. Numerous researchers have assessed rule of law impact on death penalty as attributed to humans. Nonetheless, research on death penalty as attributed to states remains novel. This paper aims to establish major points this research could be based upon by attempting to compare death penalty as attributed to humans’ features with those of death penalty attributed to the states. One of the most important major points is the definition of death penalty as applied to the states which this paper also makes an attempt to provide. Rule of law does provide assistance in that matter, namely legal certainty as one of major rule of law elements. The paper tries to assess both the death penalty as attributed to humans and death penalty as attributed to the states from legal certainty viewpoint through its elements: clarity and foreseeability of laws and regulations, consistency in application, due process, transparency, and accountability. The paper concludes with the idea that death penalty as attributed to the states does de facto exist as a concept and may be outlined within the scope of public international law and viewed upon through legal certainty as an essential element of the rule of law.

The U.S. press spotlighted the recent decision by 120 governments to create an International Criminal Court (ICC) to prosecute war crimes, genocide, and crimes against humanity. That the new court would not impose the death sentence went largely unreported. But it was the high-water mark of a decade of efforts to abolish the death penalty in international law. The impact of this new abolitionism on the U.S. became clear in December 1998, when Germany agreed to extradite a suspect in the terrorist bombing of American embassies only on condition that he would not face the death penalty. International law limits to the use of the death penalty are not new, but until recently they have been narrowly drawn. In the 1950s, when the International Covenant on Civil and Political Rights (ICCPR) was being drafted, capital punishment was not generally seen as a human rights violation, provided the defendant was adult and sentence of death followed a trial in which due process rights had been scrupulously honored. This attitude is changing. In the last decade a growing number of states have ended capital punishment under their national laws and are using and interpreting international law as an instrument to restrict its use and, ultimately, to abolish it as a penalty. In the same period, the U.S. has moved in a different direction, expanding the scope of federal and state death penalty laws, cutting back legal challenges by those on death row, and carrying out their execution. One effect of this divergence between the U.S. and many of its key international allies has been to isolate the U.S. on an issue which is seen increasingly by other governments not merely as a question of domestic law and policy, but as implicating internationally protected human rights. As a result, the U.S. is criticized by United Nations (U.N.) rights bodies for breaches of international law, its extradition requests are refused by European states where the prisoner could face a death sentence in the US, and the Supreme Court has found itself in the uncomfortable position of refusing a stay of execution ordered by the International Court of Justice.(1) These developments are part of an international movement to abolish the death penalty which bases itself on the human rights principles of the right to life and the right to be protected from cruel, inhuman, and degrading punishment contained in the Universal Declaration of Human Rights. Abolitionists also draw support from studies which demonstrate convincingly that a sentence of life imprisonment has as great a deterrent effect on the commission of violent crime as capital punishment. Since 1993, this sea change in international attitudes to the death penalty has produced tangible results. The international community, led by the U.S. in the U.N. Security Council, responded to war crimes in Yugoslavia and genocide in Rwanda by creating the first international criminal tribunals. The statutes of both tribunals expressly exclude the death penalty. In 1994, abolition of the death penalty in peace time became a treaty requirement for all new members of the forty-state Council of Europe. While this may seem no more than a logical development for stable and relatively prosperous western European democracies, it is uncharted territory for new democracies with high crime rates and weak legal systems. Nonetheless, when the Russian Federation negotiated its admission to the Council of Europe in 1996, abolition of capital punishment was one of the terms of the agreement. In 1995, the new South African Constitutional Court reviewed the range of comparative national and international legal arguments advanced for and against capital punishment and ruled it to be unconstitutional.(2) The Rome Diplomatic Conference's 1998 decision that the ICC will have no power to impose death sentences means that those convicted of the most serious international crimes will face only a life sentence.(3) How has this dramatic change in international attitudes come about, what is the actual content of international law, and what does it mean for death penalty opponents in the U. …

The preservation or the abolition of death penalty is an issue of public policy choice justified by public recognition. Policy decisions and system designs of death penalty should take public opinions seriously. Using data from more than 30,000 samples, this research finds that the concept of retribution and deterrence constitutes the most important conceptual foundation for death penalty, upon which the majority of Chinese people are in favor of preservation of death penalty. However, the mainstream view towards death penalty has significantly changed, which suggests that the majority of Chinese people are not absolute retentionists, but either unconditional or conditional abolitionists. When appropriate alternative measures to death penalty are posed, nearly 80% retentionists will turn into abolitionists. Public opinions of death penalty are influenced by a variety of factors including self-actualization, dependence of mass media, social unfair experiences, sense of security, legal awareness as well as evaluation of social problems. The discourse pattern is the most suitable pattern for China to lead public opinions towards a rational direction. According to this pattern, it is advisable to promote all-round development of human beings as well as civilization and harmony of the society, value the crucial role of political elites, establish appropriate alternative measures to death penalty and communicate with the public through mass media, so as to lay solid socio-psychological foundation for the gradual reform of death penalty in China.