Preface

The death penalty is incompatible with the fundamental tenets of human rights, in particular human dignity, the right to life and the prohibition of torture or other cruel, inhuman or degrading treatment or punishment. This bedrock statement is confirmed by the evolution of international human rights law and jurisprudence, and by State practice.

Application of the death penalty has also been found, in many cases, to violate the right to equality and non-discrimination. The decision to sentence a convict to death or to a lesser punishment is far too often arbitrary, and all too rarely follows predictable and rational criteria. In practice, the odds are stacked against the poor; persons belonging to racial, ethnic, sexual and other minorities; and other groups that are commonly the target of discrimination – in particular foreign nationals, including migrant workers.

Furthermore, there is extensive evidence that innocent people have been put to death. Even the best-functioning judicial systems may err; but in the case of capital punishment, that error is final. The State has, in effect, murdered an innocent person. Meanwhile, there is no evidence whatsoever to demonstrate that capital punishment has any deterrent effect over and above that of any other legal sanction, such as prison sentences.

It has been ten years since the General Assembly resolution of December 2007 which urged States to adopt a moratorium on the use of the death penalty, with a view towards its full abolition. In those ten years, the global trend against capital punishment has become increasingly strong. Today, almost three out of four countries have either abolished the death penalty or do not practice it – an important advancement for the cause of justice and humanity.

The death penalty is incompatible with the fundamental tenets of human rights, in particular human dignity.

However, we still have many causes for concern. The overall number of executions in States that continue to resort to the death penalty has increased in the last two years. Furthermore, some States in which a moratorium had been in place for many years have recently resumed executions.

This publication makes a compelling case for ending use of the death penalty. It brings together the contributions of experts and discussions among participants at the 6th World Congress against the Death Penalty held in Oslo, Norway, in June 2016. I recommend it in particular to leaders and civil society actors in States which continue to use the death penalty. I urge them to reflect, and to step forward in favour of ending this cruel and inhumane practice.