Joint statement by the EU Delegation to Botswana and DITSHWANELO on the World Day against the Death Penalty (10 October, 2017)

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1 11/10/ :12 PRESS RELEASES Joint statement by the EU Delegation to Botswana and DITSHWANELO on the World Day against the Death Penalty (10 October, 2017) The Delegation of the European Union to Botswana & SADC and DITSHWANELO - The Botswana Centre for Human Rights yesterday joined the rest of the world in commemorating the World Day against the Death Penalty.

2 A live broadcast on the death penalty on Yarona FM radio station

3 Joint statement by the EU Delegation to Botswana and DITSHWANELO on the World Day against the Death Penalty (10 October, 2017) The Delegation of the European Union to Botswana & SADC and DITSHWANELO - The Botswana Centre for Human Rights yesterday joined the rest of the world in commemorating the World Day against the Death Penalty. The day which is commemorated annually on October 10 takes place at a time when Botswana is still counted amongst countries which still retain the death penalty in its statutes. At a regional level, Botswana remains the only country which still carries out executions. The latest execution in Botswana was conducted in This year's commemoration focuses on the relationship between poverty and the death penalty by highlighting the links between the application of the death penalty, poverty and socio-economic discrimination. Poverty remains a factor at all stages of the implementation of the death penalty. Socio-economic circumstances of an accused in death penalty proceedings are relevant to an assessment of the crime itself, greatly influence the criminal trial and have a significant impact on the sentencing process. It is commonly recognised that people from disadvantaged economic backgrounds are most commonly at risk of execution. While the ultimate aim is always to continue to strive for the complete abolition of the death penalty, it is also important to ensure that retentionist countries provide access to justice for all their people, without prejudice or discrimination. In a statement marking the day, the 47-nation Council of Europe and the 28-member European Union underlined their organisations firm opposition to capital punishment in any circumstances and called on countries still using the death penalty to commute any existing sentences and to introduce a moratorium on capital punishment as a first step towards abolition. Through the European Convention on Human Rights, the Council of Europe has created a death penalty-free zone covering 47 countries and over 820 million people. No executions have taken place in any Council of Europe member state for over 20 years.

4 This year, under the theme Poverty and the Death Penalty, DITSWHANELO has identified four sub-themes which are: 1. Poverty, Mental Health and the Death Penalty 2. Poverty, Education and the Death Penalty 3. Poverty, Access to Justice and the Death penalty 4. Poverty, Crime and the Death Penalty As part of the commemorations, the EU and DITSHWANELO have assembled a team of local experts to discuss the sub-themes in depth. Today, (10 October 2017), at am, these experts will share their views during a live broadcast at Yarona FM radio station. Batswana are encouraged to tune in and contribute to the debate. The team of experts comprise Mr Mothei Sejakgomo, Chairperson of the Botswana Institute for the Rehabilitation of Offenders (BIRRO) and also a former convict; Mr Kgosiitsile Ngakaagae, a practising attorney; and Dr Sethunya Mosime, a professor in the Department of Sociology at the University of Botswana. Background Information Context Since the 1980s, there has been a global trend towards the abolition of the death penalty, a trend which continues to this day. According to Amnesty International, 16 countries had abolished the death penalty in law for all crimes in Today, twothirds of all countries (141) are now abolitionist in law or in practice. However, an ongoing feature of the application of the death penalty is that it is inextricably linked to poverty. Social and economic inequalities affect access to justice for those who are sentenced to death for several reasons. Defendants often lack the social, economic and political resources to adequately defend themselves and will in some cases be discriminated against because of their social status. In India for example, a study conducted by the National Law University of New Delhi found that 74.15% of those sentenced to death (370) belong to the economically vulnerable population. In the United States, in 2007, according to the Equal Justice Initiative, 95% of people on death row have disadvantaged economic backgrounds.

5 In those countries, a defendant who does not have the financial capacity to hire a private lawyer will have to rely on free legal aid provided by the government. Such attorneys, however, are often underpaid and unprepared for death penalty cases. Moreover, the report from the National Law University shows that often, people from disadvantaged backgrounds in India do not trust state-appointed lawyers. As a result, their families may attempt to gather funds in order to hire a private lawyer but the quality of that private representation is often ineffective. 2 / 10 A study led by Amnesty International and the Legal Defense and Assistance Project (LEDAP-Nigeria) in October 2008 suggests that the overwhelming majority of the death row population in Nigeria is also comprised of economically disadvantaged people. According to Chino Obiagwu of LEDAP it becomes clear that questions of guilt and innocence are almost irrelevant in Nigeria s criminal justice system. It is all about if you can afford to pay to keep yourself out of the system whether that means paying the police to adequately investigate your case, paying for a lawyer to defend you or paying to have your name put on a list of those eligible for pardon. Saudi Arabia remains one of the top executioners. According to Amnesty International, foreign nationals in Saudi Arabia particularly migrant workers from disadvantaged economic backgrounds from the Middle East, Asia and Africa are at a great disadvantage within the criminal justice system. During their trials, a lack of Arabic language skills coupled with their migrant status places them at particular risk of a death sentence. According to Ivan Simonovic, former UN Assistant Secretary-General for Human Rights, there is no tangible evidence of the deterrent effect of the death penalty on criminals. "On the other hand, there is evidence of the link between the death penalty and discrimination against vulnerable communities". He highlights that most people executed come from poor backgrounds, belong to minorities or are socially disadvantaged. See also World Day against the Death Penalty Source URL:

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The Death Penalty: A Worldwide View. Dr Jack Tsen-Ta Lee School of Law, SMU 27 May 2017

The Death Penalty: A Worldwide View Dr Jack Tsen-Ta Lee School of Law, SMU 27 May 2017 Overview We will take a brief look at the following worldwide trends concerning the death penalty in 2016: Death sentences.