Death penalty is the most cruel, inhuman and degrading punishment. It violates the right to life. There is a possibility of innocent persons being awarded death sentence if he/ she becomes unable to prove his/ her innocence for reasons beyond his/ her control. It has never been observed that death penalty has been able to deter crime more effectively than other punishments. As an organization dedicated to the protection and promotion of human rights, Amnesty International (AI) works for an end to executions and the abolition of death penalty world over. The progress has been dramatic. When the AI convened an International Conference on the Death Penalty in Stockholm, Sweden, in 1977, only 16 countries abolished capital punishment for all crimes. Today the report card is impressive.
78 countries and territories have abolished the death penalty for all crimes.
* 15 countries have abolished death penalty for all but exceptional crimes such as wartime crimes.
* 24 countries can be considered abolitionist in practice: they retain the death penalty in law but have not carried out any executions for the past 10 years or more and are believed to have a policy or established practice of not carrying out executions, making a total of 117 countries which have abolished the death penalty in law or practice.
78 other countries retain and use the death penalty, but the number of countries which actually execute prisoners in any one year is much smaller. Executions carried out in the following countries in 2003 Bangladesh, Belarus, Botswana, Chad, China, Congo (Democratic Republic), Cuba, Egypt, Iran, Iraq, Japan, Jordan, Kazakstan, Korea (North), Mongolia, Pakistan, Saudi Arabia, Singapore, Somalia, Sudan, Taiwan, Thailand, Uganda, United States of America, Uzbekistan, Vietnam, Yemen and Zimbabwe. Death Sentences imposed in the following countries in 2003 Algeria, Armenia, Bahamas, Bangladesh, Belarus, Belize, Burkina Faso, Burundi, Cameroon, Chad, China, Congo (Democratic Republic), Cuba, Egypt, Ethiopia, Ghana, Guatemala, Guyana, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, Kazakstan, Korea (South), Kuwait, Kyrgyzstan, Laos, Lebanon, Malawi, Malaysia, Mexico, Morocco, Myanmar, Nigeria, Pakistan, Palestinian Authority, Papua New Guinea, Philippines, Qatar, Rwanda, Saint Lucia, Samoa, Saudi Arabia, Singapore, Somalia, Sri Lanka, Sudan, Swaziland, Taiwan, Tajikistan, Tanzania, Thailand, Trinidad And Tobago, Uganda, United Arab Emirates, United States of America, Uzbekistan, Vietnam, Yemen and Zambia. As per the official statistics available with the Amnesty International till 2003, at least 1,146 people were executed in 28 countries. Similarly, at least 2,756 people were sentenced to death in 63 countries. These figures include only cases known to Amnesty International; the true figures were certainly higher. International Agreements to Abolish the Death Penalty One of the most important developments in recent years has been the adoption of international treaties whereby states commit themselves to abolishing the death penalty.
The Second Optional Protocol to the International Covenant on Civil and Political Rights, has been ratified by 52 states. Eight other states have signed the Protocol, indicating their intention to become parties to it at a later date. The Protocol to the American Convention on Human Rights to Abolish the Death Penalty, has been ratified by eight states and signed by one other in the Americas. Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), has been ratified by 44 European states and signed by one other. Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), has been ratified by 24 countries and signed by 18 others. Protocol No. 6 to the European Convention on Human Rights is an agreement to abolish the death penalty in peacetime.
The Second Optional Protocol to the International Covenant on Civil and Political Rights and the Protocol to the American Convention on Human Rights provide for the total abolition of the death penalty but allow states wishing to do so to retain the death penalty in wartime as an exception. Protocol No. 13 to the European Convention on Human Rights provides for total abolition of death penalty in all circumstances. High Execution Countries As in previous years, majority of executions worldwide were carried out in a few countries. In 2003, 84 per cent of all known executions took place in China, Iran, the USA and Vietnam. In China, limited and incomplete records available to Amnesty International at the end of the year indicated that at least 726 people were executed, but the true figure was believed to be much higher: A senior Chinese legislator said in March 2004 that China executes “nearly 10,000″ people each year.
At least 108 executions were carried out in Iran. Sixty-five people were executed in the USA. At least 64 people were executed in Vietnam. Abolition of death penalty in law or practice in over half the countries in the world have set the path for the remaining states who continue to violate the right to life. While releasing the statistics on worldwide executions carried out during 2003, Amnesty International called on the UN Commission on Human Rights to take strong action against death penalty at its recent annual session, and urged to end all executions. In a resolution adopted last year, the UN Commission on Human Rights called on countries that retain capital punishment “to establish a moratorium on executions”.
The AI also reiterated its opposition to the use of the death penalty against child offenders — people who were under 18 at the time of the offence. The recent statistics revealed that two child offenders were executed in 2003, one in China and the other in the USA. Amnesty International’s report revealed that China, Iran, the USA and Vietnam accounted for 84 percent of the 1,146 known executions carried out in 28 countries in 2003. In China, limited and incomplete records available to Amnesty International indicated that at least 726 people were executed in 2003, but the true figure was believed to be much higher. Abolition of death penalty in law or practice in over half the countries in the world have set the path for the remaining states who continue to violate the right to life. While releasing the statistics on worldwide executions carried out during 2003, Amnesty International called on the UN Commission on Human Rights to take strong action against death penalty at its recent annual session, and urged to end all executions. The Deterrence Argument Scientific studies have consistently failed to find convincing evidence that death penalty deters crime more effectively than other punishments.
The most recent findings of a survey on the relation between death penalty and homicide rates, conducted for the United Nations in 1988 and updated in 2002, concluded: “… it is not prudent to accept the hypothesis that capital punishment deters murder to a marginally greater extent than does the threat and application of the supposedly lesser punishment of life imprisonment.” (Reference: Roger Hood, The Death Penalty: A World-wide Perspective, Oxford, Clarendon Press, third edition, 2002, p. 230) Effect of Abolition of Death Penalty on Crime Rates Reviewing the evidence on the relation between changes in the use of the death penalty and homicide rates, a study conducted for the United Nations in 1988 and updated in 2002 stated: “The fact that the statistics continue to point in the same direction is persuasive evidence that countries need not fear sudden and serious changes in the curve of crime if they reduce their reliance upon the death penalty”. Recent crime figures from abolitionist countries fail to show that abolition of death penalty has harmful effects.
In Canada, for example, the homicide rate per 1,00,000 population fell from a peak of 3.09 in 1975, the year before the abolition of the death penalty for murder, to 2.41 in 1980, and since then it has declined further. In 2002, 26 years after abolition, the homicide rate was 1.85 per 100,000 population, 40 per cent lower than in 1975. (Reference: Roger Hood, The Death Penalty: A World-wide Perspective, Oxford, Clarendon Press, third edition, 2002, p. 214) In conclusion, the Manavadhikar Samajik Manch, in line with the thinking and activities of the Amnesty International, does believe that death penalty should be stopped. We do feel that death penalty is the most cruel, inhuman and degrading punishment and a flagrant denial of the right to life.
By: Shanker Adawal
Death Penalty: A Threat to Right to Life
Human Rights Situation in Nigeria in the Eye of the International Community
That the International community considers human rights situation frightening in Nigeria even in the face of democracy currently being enjoyed in the nation is not surprising after all at least to key observers. If for anything, the Nigerian government has failed to put certain factors right so that its citizens can enjoy certain natural priorities and necessities of life available to mankind.
It is as a result of this development that amnesty international still scores the nation very low in this regard and believes that it may certainly take time before an improvement is recorded in the nation as far as human rights in Nigeria is concerned and only a very sincere leaders will bring about this. Criminal justice system in Nigeria is indeed nothing to write home about in Nigeria and this has taken a negative toll on the nation’s perceived promotion of human rights, and as they say only he who wears the shoes feels the pain, so we Nigerians know better.
Human rights is one area that I have always wanted to write about, maybe not to crave in the indulgence of the Nigerian government but to let the whole world know just how it is and what should be done for the simple reason that the Nigerian government know better than I do, after all, in any nation the government of that country is the most briefed and the case of Nigeria is not an exception.
I begin this write-up by establishing that as some of the most brilliant people ever made by God, Nigerians know their rights but have not enhanced it because there is no money, the people are extremely too poor to do this, so the government take advantage of this, the wealthy therefore assert their dominance over the poor thus extending the gap between the rich and the poor in the country. The Agencies of the government are the tools used to actualize this. Like the Bible puts it “money answereth all things.” Without money what can the righteous people of Nigeria do but watch and pray that they may not fall into temptation, and when temptation comes they nothing but plead their guiltless course, such is the way of life of Nigerians.
The Legal Aids Council in Nigeria at present is having about 91 lawyers in Nigeria and one is left to wonder how 91 free lawyers can serve about 150 million impoverished people of Nigeria including even our politicians who also love free things. I therefore conclude that Legal Aids Council does not exist in Nigeria, and since this happens a suspect simply walks his way into the prisons where he either gets sentenced or awaits trial. People cannot represent themselves in courts so they sometimes plead guilty to avoid money “wahala” as we put here.
This writer will not go into the area of people abuse of people’s rights in the country because it is a very long story. Police in Nigeria still extract confessional statements from suspects even in local and state police stations in the country according to transparency international. Need we state that this use of this very method is known to all no matter how we want to pretend about it? The difference is just that no one is visibly willing to delve into this area for the fear of incurring the wrath of the police. Bail in Nigeria is supposed to be free but the police still collect money before suspects are released and our government does nothing about it while this undermines the fundamental human rights of Nigerians, as pointed out earlier in this work, Nigerians have learnt to accept this as their fate because the resources to pursue the usual rigorous litigations in the Nigerian courts of law are lacking. The police station should have a place people freely walk in to acquire or give free information but in my country Nigeria, the fear of police stations is the beginning of wisdom.
The Bill in National Assembly on detention has been lying idle since 2006, with no one laying emphasis on it simply because it concerns the welfare of mostly the ordinary masses of the country. It is for this reason that I commend the efforts of the Lagos State Government which has decreed that anywhere in Lagos where the police are taking statements from suspects, camera must be present, and maybe in the presence of suspects lawyers too. This will no doubt reduce drastically the any fowl play on the part of the police and give individuals confidence in the police.
Again, our police stations must be computerized so that the challenges of the future as well as the present can be met with, files in police stations should be electronically documents and this must also be extended to our law courts to avoid the a “certain Mr. James Onanefe Ibori” saga where another court had to seat up to the highest level to determine who was convicted by same court with legal operational business in the country, which to me is a very funny development. Recently, the Economic and financial Crimes Commission reportedly announced that the files of Ex-governors standing trials were missing, only electronic propelled files can avoid this.
Corruption is one area Nigerians have not fared well either, corruption in Nigeria is systemic and Transparency methodology is clearly incapable of perceiving Nigeria according to Rev Iloh as reported in the Vanguard, 14 October 2008. Corruption bites hard in Nigeria. Religion has not helped Nigeria as millions troupe to churches and mosques yet transformations elude the country.
Obasanjo, the former president of the country invented the Economic and Financial Crimes Commission (EFCC) an idea which for the first time created the fear of looting the nation’s treasury for the first time but we did not see the Commission function up to the average as jail sentences handed down to convicts were rather amusing and senseless. A big fish who stole the nation’s money in billions only end up serving between two and three months jail sentence while a frustrated unemployed youth who snatches a 3310 nokia phone goes in to serve three years imprisonment usually after spending more than 2 years in detention perhaps with his file missing.
The news of people in high places in Nigeria who steal in billions and are never convicted at all but faced with unending trials often encourage the youth to work hard and steal some monies too in dollars go to jail return and enjoy these monies. What kind of societies is our government building?
Prison conditions in Nigeria is not different as people waiting to be executed stay in detention for between 7-9 years according to Transparency International, again need we deny this fact? Several cases will establish this fact to the extent that one of your friends or relatives may have been a victim now or in the past. Prisons should be rehabilitation centers and not punishment rooms where correctional forms of reforms should be carried out. This was at its height in decades of military rule in Nigeria where the regimes had hoped to teach civilians as well as khaki men hard lessons.
Interestingly many of the once victims of this ugly developments when freed and returned to fruitful positions especially in this present democratic dispensation forgot their ugly experiences to the neglect of the bad prison conditions and continued life as usual, unmindful of Ibusa people in Delta State of the country’s adage that “the broom used in sweeping out the first wife is waiting for the second wife.” A situation which connotes our prisons as places where criminals visit and return to become harder and even more dangerous to the communities must be avoided.
The Nigerian government should do something today to make the Nigerian society more meaningful and useful to the international community. Nigerians certainly are not the worst rogues as characterized by the outside world, however only a good promotion of the social development of the society will return to the lost glory to the nation and greatly advance our society.
By: Emeka Esogbue