By Roger Hood, Surya Deva
Capital punishment has for a few years now been the topic of controversy and ethical debate. With the strengthening concentration around the world on human rights there was a circulate to abolish this manner of punishment or in the slightest degree, uphold the minimal overseas legislation criteria aimed toward keeping the rights of these dealing with capital punishment.
This e-book identifies Asia as being really unaffected through those overseas pressures. The essays contained during this quantity supply an research of alterations within the scope and alertness of the dying penalty in Asian international locations, and clarify in what methods they fail to satisfy those overseas legislations criteria.
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Extra resources for Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion
In addition to the standard problems of funding and staffing, choice of the best place to locate such a centre is not obvious. The region’s political diversity would make authoritarian governments inhospitable to this type of centre, and Japan’s spotty record on executions probably would make Tokyo a poor place to locate a regional centre. Seoul in South Korea and Hong Kong are two attractive possibilities. And one way to minimize cost and provide continuity and support would be to locate in a university or larger criminology institute.
The Inter-American Commission and Court have adopted a similar approach to due process in capital cases. Article 14(3)(b) of the ICCPR states that a person shall be entitled ‘to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing’. Before a trial starts, the central aspect of the right to a fair trial is the right to have adequate time and facilities to prepare a defence. This is the springboard for other fair trial rights such as legal representation and discovery.
The Court found that this transformation in state practice demonstrated that Article 2 had been (impliedly) amended so as to prohibit the death penalty in all circumstances. Consequently, the Court in adopting a dynamic view of the Convention, indicated that the death penalty could be considered cruel, inhuman, and degrading and as such contrary to Article 3 of the Convention. 4. The Applicable International Human Rights Standards Where capital punishment remains in force, international norms and standards impose strict limitations on the application of the death penalty.