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How States abolish or restrict application of the death penalty for drug offences
Introduction
This report reviews and analyses case studies of national developments which aimed to or had the effect of removing or restricting the use of the death penalty for drug offences. The report reconstructs these processes and analyses commonalities in and recurring features of these experiences, with a focus on agents of change, narratives, other influencing processes, and the role of transparency.
Its aim is to to provide a comparative review of driving forces that practitioners and abolitionist activists can draw upon to develop strategies aimed at restricting use of the death penalty for drug offences in their own country.
Recommendations
● Support and fund domestic civil society and civic space, to empower local actors to lead abolitionist efforts, and ensure people with lived experiences are meaningfully and safely engaged.
● Advocate for full transparency by retentionist countries on their use of the death penalty. Governments should collect and regularly publish accurate figures on death sentences, death row population, executions, clemency and commutations; disaggregated among others by category of offence, gender, age, nationality, race, and socio-economic status.
● Ensure that no funding of or other support by States or UN agencies to anti-narcotic operations in retentionist countries (including through the provision of technical assistance, capacity building, and equipment) holds the risk of contributing to the imposition of the death penalty; and that any such support is immediately suspended when the risk arises.
● Promote the meaningful participation of civil society, experts and affected groups in the design and monitoring of laws and policies concerning drugs as well as the imposition of capital punishment. Reform processes should be duly monitored and documented, to share best practices, limitations, and lessons learned.
● Undertake a comprehensive mapping and review of all actors that may be involved in or influence policymaking, including institutional actors but also civil society, academia, international and multilateral institutions, religious leaders, businesses and other private actors. When feasible and safe, focus on sensitization and constructive engagement with all relevant stakeholders, based on individualised assessments.
● Identify and analyse recurring narratives supporting use of the death penalty and punitive drug control both for institutional actors and for public opinion, and craft effective, evidence-based counterarguments.
● Promote structural change, including by collaborating with organisations and activists working on adjacent issues. This will help avoiding the limitations of technical, piecemeal reforms and address underlying issues.
● Develop effective and inclusive strategies and networks for crosscountry coordination, collaboration, and experience-sharing. This will help cross-pollination and exchange of best practices, and provide a solid support basis for joint advocacy both on individual cases and on reform opportunities.
CASE STUDIES
The map shows the countries and territories reviewed in the report, categorised by intended outcome of the analysed reforms and developments.
Note: The report analyses two developments in Pakistan, meaning the adoption of sentencing guidelines (2009) and abolition of the death penalty for drug offences (2023). The map shows only the latter as the more recent development.
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