Halting the intrumentalisation of the death penalty for political purposes
Whether they utilise capital punishment to reinforce their power, to control the population, to further their political agenda, or in the context of elections, political actors are intrinsically connected to the debate surrounding the death penalty. Underlining that capital punishment is frequently a corollary of systemic human rights violations and addressing the issue of the oversimplification of public opinion, this plenary session seeked to explore the various aspects of the instrumentalisation of the death penalty for political purposes to identify the most effective and contextually appropriate strategies to move towards abolition.
Improving transparency for a global impact on human rights
In 2021, the UN Secretary-General emphasised the growing concern of civil society and international institutions over the opacity surrounding the death penalty in retentionist states. While this lack of transparency violates the fundamental human rights of those facing capital punishment and their families, it also impacts abolitionist actors, lawyers, and society at large by hindering state accountability and preventing access to crucial information. After a three-year pandemic which has only exacerbated these issues, this roundtable was an opportunity to reflect on the consequences of this lack of transparency and to consider mechanisms available to lawyers and civil society to overcome them.
Stop all form of sexual and gender-based violence linked to the death penalty
In a global context of freedom of expression regarding gender-based violence, some voices are rising to advocate for harsher punishment for perpetrators. In this context, at least seven countries still carry the death penalty for the crime of rape and many others are considering reintroducing it, in blatant disregard of the views of gender and children’s rights experts on the ineffectiveness of capital punishment in ending rape. While ensuring a victim-oriented approach, this roundtable focused on the instrumentalisation by authorities of public demands for justice, to avoid addressing the roots of sexual violence. It also promoted cooperation and the creation of partnerships between members of the abolitionist movement and women and children’s rights activists to advocate for abolition of the death penalty as a response to rape.
Engaging in one’s profession freely: Lawyers and journalists as actors for abolition
Whether representing clients facing the death penalty or keeping the public informed on the use and status of the death penalty, lawyers and journalists are key players in the fight for abolition. This roundtable focused on the challenges they meet, the ethical and deontological questions they face, as well as the common risks they experience as human rights defenders and civil rights protectors.
Making the abolition of the death penalty irreversible
Despite the universal trend towards the abolition of the death penalty, some abolitionist states are seeking to reintroduce it, while others that had recently expressed an intent to abolish capital punishment are now reconsidering their position. National, regional and international legal mechanisms exist to ensure the irreversibility of the abolition of the death penalty. This roundtable explored the range of legal instruments that can be used to unequivocally abolish capital punishment and aimed to develop new arguments and strategies to address attempts to reintroduce it.
The role of judges
“Judges are terrible politicians.”
Judge Stephen Breyer about the death penalty
And yet, they are the key players in the administration of justice and hence, in the administration of one of the most politicised issues: the death penalty. This roundtable discussed the various facets of the role of judges and prosecutors in relation to capital punishment, by discussing issues such as the concept of integrity, the psychological impact of administrating the death penalty, their obligations and, most importantly, their influence on the process of abolition of capital punishment.