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Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. 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. Since the mid-19th century many countries have abolished or discontinued the practice. In 2022, the five countries that executed the most people were, in descending order, China, Iran, Saudi Arabia, Egypt, and the United States.
Capital punishment in the United Kingdom predates the formation of the UK, having been used in Britain and Ireland 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; capital punishment for murder was suspended in 1965 and finally abolished 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 person to be executed for treason was William Joyce, in 1946. In 2004, Protocol No. 13 to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention.
Capital punishment has been completely abolished in all European countries except for Belarus and Russia, the latter of which has a moratorium and has not carried out an execution since September 1996. The complete ban on capital punishment is enshrined in both the Charter of Fundamental Rights of the European Union (EU) and two widely adopted protocols of the European Convention on Human Rights of the Council of Europe, and is thus considered a central value. Of all modern European countries, San Marino, Portugal, and the Netherlands were the first to abolish capital punishment, whereas only Belarus still practises capital punishment in some form or another. In 2012, Latvia became the last EU member state to abolish capital punishment in wartime.
Capital punishment is a legal penalty in Pakistan. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy.
The use of capital punishment in Italy has been banned since 1889, with the exception of the period 1926–1947, encompassing the rule of Fascism in Italy and the early restoration of democracy. Before the unification of Italy in 1860, capital punishment was performed in almost all pre-unitarian states, except for Tuscany, where, starting from 1786, it was repeatedly abolished and reintroduced. It is currently prohibited by the Constitution of the Italian Republic with no more exceptions even in times of war.
Capital punishment in Georgia was completely abolished on 1 May 2000 when the country signed Protocol 6 to the ECHR. Later Georgia also adopted the Second Optional Protocol to the ICCPR. Capital punishment was replaced with life imprisonment.
Capital punishment in modern Greece was carried out using the guillotine or by firing squad. It was last applied in 1972 during the military junta. The death penalty was abolished in stages between 1975 and 2005.
Capital punishment in Romania was abolished in 1990, and has been prohibited by the Constitution of Romania since 1991.
Capital punishment in Mexico was officially abolished on 15 March 2005, having not been used in civil cases since 1957, and in military cases since 1961. Mexico is the world's most populous country to have completely abolished the death penalty.
Capital punishment is no longer applied in San Marino: the last execution was carried out in 1468 or in 1667, by hanging.
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. The death penalty today remains only in Guatemala's military codes of justice, and was abolished for civilian offences in October 2017.
Capital punishment has been abolished in Seychelles. The country permanently abolished the death penalty by a Constitutional amendment in June 1993.
Capital punishment in Malawi is a legal punishment for certain crimes. The country abolished the death penalty following 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 the country in 2007.
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 in Burkina Faso has been abolished. In late May 2018, the National Assembly of Burkina Faso adopted a new penal code that omitted the death penalty as a sentencing option, thereby abolishing the death penalty for all crimes.
Capital punishment is abolished in Argentina and is no longer a lawful punishment in the country. Argentina abolished capital punishment for ordinary crimes in 1984 and abolished it for all crimes in 2008, supported by the president at the time, Cristina Fernández de Kirchner. Argentina voted in favor of the United Nations moratorium on the death penalty eight times, in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. Argentina signed the Second Optional Protocol to the International Covenant on Civil and Political Rights on 20 Dec 2006 and ratified it on 2 Sep 2008.
Capital punishment in Gabon was officially abolished for all crimes in 2010. Gabon's last execution took place in 1985. Prior to abolition, Gabon was classified as de facto abolitionist, or "abolitionist in practice," due to the length of time since their last execution.
References
- ↑ Hood, Roger; Hoyle, Carolyn (2008). The death penalty: a worldwide perspective. New York: Oxford University Press, USA. p. 11. ISBN 978-0-19-922846-1.
- ↑ Determinants of the death penalty: a comparative study of the world, Carsten Anckar, Routledge, 2004, ISBN 0-415-33398-9, p.17
- ↑ Death Penalty: Beyond Abolition, Council of Europe, 2004, ISBN 92-871-5332-9, p.32
- ↑ "THE DEATH PENALTY: ABOLITION GAINS GROUND" Archived March 7, 2010, at the Wayback Machine , Martine Jacot, UNESCO Courier, October 1999
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