HRI has identified 35 countries and territories that retain the death Most executions took place in China, Iran, Saudi Arabia, Iraq and Egypt – in that order. All data contained in the map are the minimum known number of Insufficient access to interpreters for accused persons who do not speak or understand the language used by the authorities is another serious barrier to the enjoyment of the rights to counsel and to a fair trial in Malaysia, including in capital drug cases. A key reason for this is the nature of the drug market, combined with the way in which drug offences are defined and the drug offences which are punishable by death. In fact, human rights authorities have specified that states are required to ensure that capital defendants have adequate assistance of counsel at every stage of the proceedings “above and beyond” the protection afforded in non-capital cases. To safeguard these two distinct rights, as specified in UN Safeguard 8 of the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty, an execution “shall not be carried out pending any appeal or other recourse procedure or other proceeding relating to pardon or commutation of the sentence”. Every human being is made in the image of God and distinct from all other creation and life. In many of the cases considered by Amnesty International, if and when legal assistance was available, concerns were expressed that counsel was incompetent, inexperienced, or did not conduct themselves appropriately when representing people of less advantaged backgrounds during trial. Refunds of donations. In addition, respect for the right to life requires that all persons sentenced to death have the right to seek pardon or commutation of their sentence. While officially prohibited by several Indonesian laws, torture is not defined as a specific criminal offence under the Criminal Code. If you are talented and passionate about human rights then Amnesty International wants to hear from you. The main problems were overcrowding – with some prisons recording occupancy levels of up to 652%, deficiencies in the arrangements for pregnant women and women with children, and inadequate access to water, food and healthcare. These measures include, among others, “reasonable time to lodge an appeal, access to the trial transcript, reasoned judgments and rulings on the appeal within a reasonable time”. Barbados also removed the mandatory death penalty from its Constitution. In 2019, at least 31 people were sentenced to death, 12 of them for drug offences. In 2019, consistent allegations of serious fair trial violations in capital cases emerged in Bahrain as the UN Working Group on Arbitrary Detentions published two separate Opinions reporting cases of torture and forced confession, including in capital cases. Global and yearly figures are calculated by using the minimum confirmed figures. At least 14 out of the 74 individuals sentenced to death for drug offences (almost 20%) were women. The lack of access to legal counsel disproportionately impacts foreign nationals, who make up 49% of the population on death row for drug offences. There are 10,895 Pakistani nationals in foreign prisons, with 3,248 in Saudi Arabia, 2,600 in the UAE and 657 in Oman, many of whom are believed to be detained for drug-related crimes. Seven countries – Bahrain, Egypt, Iran, Iraq, Saudi Arabia, Syria and Yemen – were known to have carried out executions last year. The numbers that have been included in this report are drawn from and cross-checked against: official government reports (where available) and state-run news agencies; court judgments; non-governmental organisation (NGO) reports and databases; United Nations (UN) documents; media reports; scholarly articles; and communications with local activists and human rights advocates, organisations and groups. It is likely that real numbers are higher, in some cases significantly. Handling narcotics (excluding marijuana) without approval, Chemical compounds “feared to be abused or to cause harmful effects” as listed by Presidential Decree. Since it was affirmed in the Universal Declaration of Human Rights in 1948, the right to a fair trial has been recognised and elaborated on in several legally binding international and regional treaties, as well as non-treaty standards adopted by the UN and other intergovernmental and expert bodies. For example, in Saint Lucia (not included in this report), the only drug-related offence punishable by death is murder committed in connection with drug trafficking or other drug offences. As no one appears to be on death row for drug offences in the country, and the last confirmed death sentence for drug offences dates back to 2010, Taiwan has been moved from the ‘low application’ to the ‘symbolic application’ category. Yemen executed at least seven people in 2019, compared with at least four in 2018. In Iraq, the number of people executed almost doubled from at least 52 in 2018 to at least 100 in 2019, largely due to the continued use of the death penalty against individuals accused of being members of the armed group that calls itself “Islamic State”. This happened in the case of a young man arrested for trafficking drugs in Singapore in November 2004 when he was just 18, and sentenced to death a year later. The case of Dzhokhar Tsarnaev absorbed Americans as no death-penalty drama has in years. As a deterrent, capital punishment saves lives, as the work of Nobel laureate Gary S. Becker, economist Isaac Erhlich, and many others show; the swifter the punishment, the more lives saved. There were no reported death sentences or executions in Brunei in 2019. Métis Names, “From allegations of torture and other ill-treatment to an opaque pardons process, it’s clear the death penalty is a stain on Malaysia’s criminal justice system,” said Shamini Darshni Kaliemuthu, executive director of Amnesty International Malaysia. Problems with the appeal process also remain, including the fact that the Supreme Court is the sole level of appeal, and appeals can only be done in writing – meaning that the defendant and their lawyers cannot be present at the appeal.
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