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Capital punishment, also known as the death penalty, is a state-sanctioned practice of killing a person as a punishment for a crime. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row".
The following is a summary of the use of capital punishment by country. Globally, of the 195 independent states that are UN members or have UN observer status, 108 countries have completely abolished it de jure for all crimes, 7 have abolished it for ordinary crimes and 26 are abolitionist in practice, while 54 countries retain capital punishment.
Capital punishment in the United Kingdom was used from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964, before capital punishment was suspended for murder in 1965 and finally abolished for murder in 1969. Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last execution for treason took place in 1946. In 2004 the 13th Protocol to the European Convention on Human Rights became binding on the United Kingdom, prohibiting the restoration of the death penalty for as long as the UK is a party to the convention.
Capital punishment in France is banned by Article 66-1 of the Constitution of the French Republic, voted as a constitutional amendment by the Congress of the French Parliament on 19 February 2007 and simply stating "No one can be sentenced to the death penalty". The death penalty was already declared illegal on 9 October 1981 when President François Mitterrand signed a law prohibiting the judicial system from using it and commuting the sentences of the seven people on death row to life imprisonment. The last execution took place by guillotine, being the main legal method since the French Revolution; Hamida Djandoubi, a Tunisian citizen convicted of torture and murder on French soil, who was put to death in September 1977 in Marseille.
The Murder Act 1965 is an Act of the Parliament of the United Kingdom. It abolished the death penalty for murder in Great Britain. The act replaced the penalty of death with a mandatory sentence of imprisonment for life.
Capital punishment in Australia was a form of punishment in Australia that has been abolished in all jurisdictions. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.
Capital punishment is a legal penalty in Israel. Capital punishment has only been imposed twice in the history of the state and is only to be handed out for crimes committed during war time, such as genocide, crimes against humanity, war crimes, crimes against the Jewish people, treason, and certain crimes under military law.
Capital punishment was completely abolished in Hungary on 24 October 1990 by the Constitutional Court. A month later on 1 December 1990 protocol No. 6 to the ECHR came into force. Hungary later adopted the Second Optional Protocol to the ICCPR as well. The last condemned man to be executed was hanged for the crime of murder on 31 May 1988. In April 2015, following the murder of a woman in southern Hungary, Prime Minister Viktor Orbán suggested that Hungary must reinstate capital punishment. This statement caused a strong reaction by EU officials, and Orbán had to retract it as a result. The European Union holds a strong opposition against the death penalty in its relation to the Action Plan on Human Rights and Democracy.
Capital punishment in the Republic of Ireland was abolished in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last to be executed was Michael Manning, hanged for murder in 1954. All subsequent death sentences, the last handed down in 1985, were commuted by the President, on the advice of the Government, to terms of imprisonment of up to 40 years. The Twenty-first Amendment of the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a state of emergency or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.
John Charles Tapner was an English convicted murderer who was the last person executed by Guernsey.
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution, even in places where no special facility or separate unit for condemned inmates exists.
Capital punishment in Nepal has been abolished.
Capital punishment is a legal penalty in Guatemala, and is carried out by lethal injection and, to a lesser extent, the firing squad. It is only in military codes of justice, and was abolished for civilian offences in October 2017.
Capital punishment in Kazakhstan was abolished for all crimes in 2021.
Capital punishment in Lithuania was ruled unconstitutional and abolished for all crimes in December 1998. Lithuania is a member of the European Union and the Council of Europe and has signed and ratified Protocol 13 of the European Convention on Human Rights on complete abolition of death penalty. From March 1990 to December 1998, Lithuania executed seven people, all men. The last execution in the country occurred in July 1995, when Lithuanian mafia boss Boris Dekanidze was executed.
Capital punishment is a legal penalty in Kenya. Since before independence, is still provided for under Kenyan law. No executions have been carried out in Kenya since 1987, when Hezekiah Ochuka and Pancras Oteyo Okumu, leaders of the 1982 coup d'état attempt, were hanged for treason.
Capital punishment in Malawi is a legal punishment for certain crimes. The country abolished the death penalty by a Malawian Supreme Court ruling in 2021, but it was soon reinstated. However, the country is currently under a death penalty moratorium, which has been in place since the latest execution in 1992.
Capital punishment is no longer a legal punishment in Rwanda. The death penalty was abolished in Rwanda in 2007.
Sir William Henry Arnold was Bailiff of Guernsey from 1960 to his death in 1973.
References
- ↑ "BBC News - Guernsey return for death penalty 'will not happen'". bbc.co.uk. Retrieved 2015-02-18.
- ↑ "On this day in Guernsey: Guernsey abolishes the death penalty for murder" . Retrieved 29 May 2022.
- ↑ "Setting the scene for murder « Guernsey Press". guernseypress.com. Retrieved 2015-02-18.
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