Confronting Capital Punishment in Asia: Human Rights, - download pdf or read online

By Roger Hood, Surya Deva

ISBN-10: 0199685770

ISBN-13: 9780199685776

Capital punishment has for a few years now been the topic of controversy and ethical debate. With the strengthening concentration world wide on human rights there was a circulation to abolish this type of punishment or the least bit, uphold the minimal overseas legislations criteria geared toward retaining the rights of these dealing with capital punishment.

This ebook identifies Asia as being rather unaffected through those foreign pressures. The essays contained during this quantity supply an research of alterations within the scope and alertness of the loss of life penalty in Asian international locations, and clarify in what methods they fail to fulfill those overseas legislations criteria.

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Additional info for Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion

Example text

The death penalty is simply not available as a penalty for genocide, other crimes against humanity and war crimes under the International Criminal Tribunals set up to deal with atrocities in former Yugoslavia in 1993 or Rwanda in 1994, nor is it an available sanction in the Statute of the International Criminal Court established in 1998. If the death penalty is not available for the most atrocious crimes against humanity, how can it still be justified for lesser crimes? On the understanding that the 6 Second Optional Protocol to the International Covenant on Civil and Political Rights Aimed at Abolition of the Death Penalty, GA Res 44/128.

So we can be sure that developmental differences are one major reason why Asia contains hard-line high execution states. What remains to be seen is whether there are substantive differences that will enable hard-line regimes in Asia to persist in the face of full development. To the extent that democracy is produced by development, the recent histories of Taiwan and South Korea suggest that state execution will be under threat in the PRC and Singapore as well. Public opinion The term ‘public opinion’ about the death penalty is a much narrower concept than the cultural values implicated in my earlier discussion of ‘Asian values’.

35 In Aston Little v Jamaica the UNHRC once again found that the requirements of Article 14(3)(b) of the ICCPR had been breached in a capital case from the Caribbean. The Committee held that:36 In cases in which capital sentence may be pronounced, it is axiomatic that sufficient time must be granted to the accused and his counsel to prepare the defence for trial; this requirement applies to all stages of the judicial proceedings . . In the instant case it is uncontested that the author did not have more than half an hour for consultation with counsel prior to the trial and approximately the same amount of time for consultation during the trial.

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Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion by Roger Hood, Surya Deva


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