Wednesday, March 3, 2010

Death row grows even smaller

The 4th World Congress for Abolition of the Death Penalty, held from Feb 24 to 26. The participants were united in the movement for abolition, which has become a worldwide tide of hope.



There was an expectation among those attending that a Buddhist country could propose a respect for life to inspire others. While there is such an inspiration, sadly it does not stop Thailand from applying the death penalty, as exemplified in two executions last August.

Bangkok Post 03/03/2010

About 1,700 men, women and children recently gathered in Geneva from all around the world. Those from countries which retain the death penalty told their stories which brought many to tears, but the meeting also ended full of hope for the end of this ancient curse which is recorded from the beginning of time.

Others from countries where the death penalty has been abolished, came to give their support. Sometimes, they recalled with regret that the death penalty was a legacy of colonialist times, which somehow persisted when other liberties were achieved.

Or, they came to acknowledge that the death penalty was an inheritance of the past which affects us all; as expressed so movingly in the words of John Donne: "The death of any man diminishes me."

The occasion was the 4th World Congress for Abolition of the Death Penalty, held from Feb 24 to 26. The participants were united in the movement for abolition, which has become a worldwide tide of hope.

The number of abolitionist countries continues to rise, now reaching 140. On the other hand, not only do the countries retaining the death penalty decrease in number, but in many of the others, even in the most brash in claiming the right to execute, the number being put to death is decreasing each year.

A growing optimism pervades the movement for abolition. From the timeline of executions worldwide, one scholar predicted that it will all be over by the year 2025. It is even possible that rejection of the death penalty will become a tidal surge and achieve total abolition by 2015.

What country would dare to be the last place on earth to exercise the awful trade of judicial execution, or to be identified as the homeland of the last person ever to be executed, whose name will surely be remembered for ever to the shame of humankind?

They came from Asia, Europe, the Americas, India, and there was a remarkable similarity to their accounts. There were young people who identified themselves as Kids against Death Penalty, and people of all ages.

Among those who had fought longest was Robert Badinter, who had achieved abolition in France and who contributed to the powerful abolitionist policy of the European Union and the Council of Europe.

A magnificent orator, who had saved so many from the guillotine by his eloquence as a defence attorney, he shared his intense and undiminished inspiration with those who carry on the long struggle he has fought. His plea was never to falter or tire in these last years and to uphold the profound spirit of humanity.

The moment of the Kids came soon after. They came from the United States, that sad protagonist for the persistence of the death penalty. Some of the children were from families whose relative had been executed. The final declaration expressing the conclusions of the assembly was read and handed to the children, a symbolic act welcoming a new generation to complete the struggle against the death penalty and to guard its achievement. They, in their turn, handed the declaration to the representative of the United Nations Human Rights office.

The assembly ended with a symbolic march back to the UN headquarters in Geneva. The abolitionist movement claims legitimacy in the words of the founding document of the UN, the Universal Declaration of Human Rights, "Everyone has the right to life", a phrase without qualification.

The assembly called for, pleaded for, abolition, but to the countries which still doubt and hesitate, it recalled the UN majority vote for a moratorium worldwide on all executions. Stop and consider the arguments for abolition. If you have doubts or problems, we are here to propose solutions and help in applying them.

There were many moving moments during the congress. An Iranian woman spoke of her brutal arrest, torture, beating and condemnation to death, causing many in the audience to shed tears in sympathy. There was a message from the president of Mongolia, read by a deputy of the Mongolian parliament, detailing the declaration of a moratorium in respect of the dignity of his people. This adhesion to the moratorium was all the more impressive as it came from a country which had recently voted against such a moratorium in the UN General Assembly. Such is the rapid rate of change which is appearing on the road to abolition.

If you want to keep the death penalty, you have to pay for it. This stark message came from a consideration of the inadequacies of the legal process leading to death sentences. Prosecutors are funded to a level three to four times more than the defence, and the facilities available to the prosecution are far beyond those available to defenders. Even in the wealthiest country of all there is no legal aid for appeal, the condemned are buried in their cells and forgotten as they await their fate. The scales of justice do not stand on a level base. The death rows of the world feature the worst aspects of the prison system where the crowds destined for execution are detained in conditions that fall far short of human dignity.

It was recalled that the legality of the death penalty is now a matter of international law and is not just a matter of domestic policy. If the stringent conditions of juridical procedure and internment of those condemned to death cannot be met, whatever they may cost, then a state is not justified in imposing the death sentence.
Thailand was represented at the Congress by two participants. There was an expectation among those attending that a Buddhist country could propose a respect for life to inspire others. While there is such an inspiration, sadly it does not stop Thailand from applying the death penalty, as exemplified in two executions last August. A Buddhist prohibition on killing is often countered by another principle claiming Buddhist origin: "To those who do good comes good, to those who do evil comes evil", often quoted by Buddhist monks to justify approval of the death penalty.

But there is hope. We learned from a Thai government official who visited the congress centre that the prime minister has expressed agreement with abolitionist aims.
One of the Thai participants at the congress expressed the regret that members of the Thai government did not experience the heartfelt aspirations of the congress. But the ideas exchanged among participants from all over the world, and the slogans they carried, will resound throughout the world and will be heard by all; Dites Non a la Peine de Mort, Say No to the Death Penalty.

No comments: