Confronting Capital Punishment in Asia: Human Rights, by Roger Hood, Surya Deva PDF

By Roger Hood, Surya Deva

ISBN-10: 0199685770

ISBN-13: 9780199685776

Capital punishment has for a few years now been the topic of controversy and ethical debate. With the strengthening concentration around the world on human rights there was a circulation to abolish this kind of punishment or in the slightest degree, uphold the minimal foreign legislations criteria geared toward preserving the rights of these dealing with capital punishment.

This publication identifies Asia as being really unaffected via those overseas pressures. The essays contained during this quantity offer an research of alterations within the scope and alertness of the dying penalty in Asian nations, and clarify in what methods they fail to satisfy those foreign legislation criteria.

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39 Three consequences follow from the assumption in Japan that death is not different. First, Japanese prosecutors make no advance announcement as to whether they will seek a sentence of death; the disclosure is only made on the penultimate day of trial, after all the evidence has been presented and immediately before the defence makes its closing argument. This non-disclosure policy makes it difficult for Japanese bar associations to provide institutional support of the kinds that American capital defenders take for granted.

The death penalty is simply not available as a penalty for genocide, other crimes against humanity and war crimes under the International Criminal Tribunals set up to deal with atrocities in former Yugoslavia in 1993 or Rwanda in 1994, nor is it an available sanction in the Statute of the International Criminal Court established in 1998. If the death penalty is not available for the most atrocious crimes against humanity, how can it still be justified for lesser crimes? On the understanding that the 6 Second Optional Protocol to the International Covenant on Civil and Political Rights Aimed at Abolition of the Death Penalty, GA Res 44/128.

In their General Comment on Article 6 of the ICCPR, the UNHRC stated that Article 6 ‘refers generally to abolition [of the death penalty] in terms which strongly suggest . . that abolition is desirable. The Committee concluded that all measures of abolition should be considered as progress in the enjoyment of the right to life . . 15 The significance of the Safeguards has subsequently been reaffirmed by the Commission on Human Rights in 200516 and the General Assembly in its Resolution Nos 62/149 and 63/168.

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Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion by Roger Hood, Surya Deva

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