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Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender 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". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Capital punishment, also called the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It has historically been used in almost every part of the world. By the 2020s, many countries had abolished or discontinued the practice. In 2022, the 5 countries that executed the most people were, in descending order: China, Iran, Saudi Arabia, Egypt, and the United States.
An extrajudicial killing is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether lawfully or unlawfully, targeting specific people for death, which in authoritarian regimes often involves political, trade union, dissident, religious and social figures. The term is typically used in situations that imply the human rights of the victims have been violated; deaths caused by legal police actions or legal warfighting on a battlefield are generally not included, even though military and police forces are often used for killings seen by critics as illegitimate. The label "extrajudicial killing" has also been applied to organized, lethal enforcement of extralegal social norms by non-government actors, including lynchings and honor killings.
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989 and entered into force on 11 July 1991. As of April 2022, the Optional Protocol has 90 state parties. The most recent country to ratify was Kazakhstan, on 24 March 2022.
Capital punishment is no longer applied in San Marino: the last execution was carried out in 1468 or in 1667, by hanging.
Capital punishment is a legal criminal penalty in Somalia, a nation in East Africa. Legally sanctioned executions of the death penalty in Somalia are carried out by shooting, in accordance with the 1962 Somali Penal Code and the Military Penal Code. Sharia and Islamic tribunals are recognised in Somalia in parallel with the civil law: these would have the authority to order execution by other means, such as beheading and stoning. Since at least the start of the 21st century, all executions by such methods have been applied ad-hoc, without official sanction, by non-state insurgent militias, in the context of an unstable government, and the ongoing civil war in the country. A number of these extrajudicial executions have violated sharia legal principles and appear to have a conflict-related tactical aim of inciting fear amongst civilians. Both officially sanctioned and extrajudicial executions by firing squad often occur in public.
Being involved in the illegal drug trade in certain countries, which may include illegally importing, exporting, selling or possession of significant amounts of drugs constitute capital offences and may result in capital punishment for drug trafficking, or possession assumed to be for drug trafficking. There are also extrajudicial executions of suspected drug users and traffickers in at least 2 countries without drug death penalties by law: Mexico and Philippines.
Capital punishment in Luxembourg was abolished for all crimes in 1979.
Capital punishment remains a legal penalty for multiple crimes in the Gambia. However, the country has taken recent steps towards abolishing the death penalty.
Capital punishment in Chile is legally sanctioned, albeit with significant limitations. Since its abolition for civilian offenses in 2001, its application has been restricted to military personnel convicted of war crimes and crimes against humanity committed during wartime. This places Chile among the seven countries globally that have abolished capital punishment solely for ordinary crimes.
Capital punishment is a legal penalty in Grenada. Despite its legality, there have been no executions since 1978. Grenada is considered "abolitionist in practice", and is currently the only country in The Americas in this category. There is currently one person on death row in Grenada, as of August 30, 2021. During its United Nations Universal Periodic Review on January 27, 2020, Grenada told the UN that it is a de facto abolitionist state with a de facto moratorium with effect since 1978, and that it will not carry out any executions. Abolishing capital punishment in law was part of one of the amendments during the failed 2016 Grenadian constitutional referendum. Grenada voted against the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and most recently, in 2020. Grenada is not a member state of the Second Optional Protocol to the International Covenant on Civil and Political Rights.
Capital punishment has been abolished in East Timor. It was abolished in 1999 following East Timor independence. East Timor voted in favor of the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. East Timor acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights on 18 September 2003.
Capital punishment is a legal penalty in Myanmar. It is classified as "Retentionist." Before 25 July 2022, Myanmar was considered "Abolitionist in Practice," meaning a country has not executed anyone in the past ten years or more and is believed to have an established practice or policy against carrying out executions. Between 1988 and 2022, no legal executions were carried out in the country. In July 2022, four democratic activists, including Zayar Thaw and Kyaw Min Yu, were executed.
Capital punishment was abolished in Burundi on 24 April 2009. Burundi is not a state party to the Second Optional Protocol to the International Covenant on Civil and Political Rights.
Capital punishment was abolished in Guinea. The civilian death penalty was abolished in 2016. It was abolished under military law in 2017. Guinea carried out its last execution in 2001. Prior to its abolition for ordinary crimes in 2016, Guinea was classified as retentionist.
Capital punishment was abolished in Mauritius in 1995, following the adoption of the Abolition of Death Penalty Act 1995. The last execution was carried out in Mauritius in 1987.
Capital punishment was abolished in Mozambique in 1990. The last execution took place in the country in 1986.
Capital punishment was abolished in Namibia in 1990. The last execution was carried out in 1988, under the rule of South Africa.
Capital punishment was abolished in Senegal in 2004. The country carried out its last execution in 1967.
Capital punishment was abolished in Togo in 2009. The country carried out its last execution in 1978. Prior to the death penalty's de jure abolition, Togo was classified as "Abolitionist in Practice."
References
- ↑ "Abolitionist and retentionist countries (as of July 2018)". Amnesty International. 23 October 2018. Retrieved 25 July 2022.
- ↑ "Extrajudicial executions carried out in Côte d'Ivoire, UN reports". United Nations. 11 August 2011. Retrieved 25 July 2022.
- ↑ "Ivory Coast invited to ratify the UN Protocol on the death penalty". World Coalition Against the Death Penalty. 27 November 2013. Retrieved 25 July 2022.
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