Several reports published in 2019 show that the Saudi criminal justice process is marred by gross violations of the most basic human rights, from detention to execution. You can download the PDF of our Policy Briefing here. On 3 April 2019, the Syariah Penal Code Order (SPCO) was enacted, allowing for the imposition of the death penalty and corporal punishment for consensual same sex conduct and adultery. in 2019, but not for drug offences. The 2017 amendment to the anti-narcotics law also triggered the review of at least 3,300 death sentences for drug offences. Regionally, Asia carried out the most executions in 2019. Offence committed as part of organised drug crime, or employing weapons or violence, Incite minors to consume or deal in a dangerous drug, Heroin, cocaine, morphine, opium (no minimum quantity specified), Possession of arms or explosive with intention of committing any drug offence, Provision/ facilitation of provision of any drug, Authorization to any person to possess any drug, Preparation, furnishing, management of any place for consumption of /dealing/ circulation of any drug, Offence committed by public official entrusted with combating offences related to narcotic drugs, Commission of the crime in association with/using a “minor, mentally deranged person or addict”, Association with international criminal group, Connection with any other international crime, Induce or coerce women or children into using heroin, Induce/facilitate the commission of a crime, Methamphetamine/amphetamine: 1,5 g (pure), Intention to commit or conceal any offence punished with death, ”Place a narcotic or psychotropic substance in another’s food unknowingly, resulting in their death. For more information on the drug offences punishable by death by jurisdiction see our map and tables below by clicking on the tab for "Country-by-country analysis". The ICJR has also revealed that, because defendants generally cannot afford to pay for a lawyer of their choosing, most lawyers in capital drug cases in Indonesia are state-appointed. After its visit to Malaysia in 2010, the UN Working Group on Arbitrary Detention noted that “virtually all detainees interviewed stated that they had been subjected to ill-treatment and even torture in police stations and detention centres in order to obtain confessions or incriminatory evidence”. Countries with the Most Confirmed Executions in 2019. The symbol ‘T’ means an offence is punishable by death only if committed “for the purpose of trafficking”. The use of torture to extract confessions has also been identified as an endemic problem in capital drug cases in Saudi Arabia. While there have been no executions in Taiwan since August 2018, 2019 saw one new and one upheld death sentence in the country, both for murder. “Trends to abolish the death penalty in the United States demonstrate welcome human rights leadership in these turbulent times”, said Kristina Roth, the senior program officer for criminal justice programs at Amnesty International USA. Nevertheless, a minority of countries have expanded the scope of capital offenses in the context of drug offenses and kidnapping offenses. Overall, the death penalty is an increasingly unpopular punishment worldwide. Brunei declared a moratorium on executions in May 2019, after international outcry on its planned implementation of penal code provisions stipulating stoning as a method of execution for same-sex relations. In this context, several civil society organisations denounced systemic issues surrounding the imposition of the death penalty, including forced confessions under torture, misuse of capital punishment for political purposes and mass executions. An amendment to the Anti-Narcotics Law limiting the use of capital punishment was introduced in 2017, but it has been criticised for its failure to address credible and systematic reports of torture and ill-treatment suffered by those arrested for drug offences with the aim of forcing confessions. Furthermore, it can render the entire trial more vulnerable to influence by law enforcement authorities. Although data on the use of the death penalty in China continues to be classified as a state secret, the country remains the world’s top executioner. Amnesty recorded at least 2,531 death sentences in 54 countries in 2018, down 2% from the 2,591 reported in 2017, and a 19% decline from the reported 3,117 death sentenced imposed in 55 countries in 2016. Police kept him detained in a house for three days and punched, kicked and threatened him with death unless he signed a ‘confession’, which he later did. The figure was 149 in 2018. policy and practical developments related to the use of capital In February 2019, President Trump expressed his excitement for China’s decision to add fentanyl to the list of substances whose trafficking is punishable by death, reportedly as a result of trade negotiations between the two countries. These include indefinite incommunicado detention before trial, a widespread use of torture and coerced confessions, and other serious fair trial violations (detailed in the previous section), and gruesome mass executions that have been found to constitute a form of inhuman and degrading treatment or punishment. Clemency procedures should be fair and transparent; officials with the power to grant amnesties, pardons or commutations should give genuine consideration to all requests, and should not exclude certain categories of sentenced prisoners a priori. At least 20 countries were known to have carried out judicial executions in 2011. While still lower than figures recorded between 2008 and 2017, these numbers represent a 31% increase from 2018, and may signal a reversal in the encouraging trend reported in recent years. While states retain discretion in terms of how these procedures are carried out, the UN Human Rights Committee has confirmed that these must be specified in domestic legislation and offer certain “essential guarantees” with regard to certainty of process and transparency. In July 2019, the US Justice Department reinstated the use of the death penalty at the federal level – which is concerning, considering that it is federal law that prescribes the death penalty for drug offences – after a 16-year suspension, and immediately scheduled five executions. Senatorial candidates Raffy Alunan and JV Ejercito falsely claimed at a CNN Philippines debate that the Philippines is the only country in Asia to have repealed the death penalty. As in previous years, the execution total does not include the estimated thousands of executions carried out in China, which treats data on the death penalty as a state secret. Because of the intersecting stigma of having transgressed gender norms and having engaged with drugs, they reportedly have less support from and contact with their family members than men on death row. It is therefore not surprising that many countries that impose the death penalty for drug offences are now taking a critical look at their legislation, including my home country of Malaysia. Because of their limited resources, they often cannot afford to hire a lawyer of their own choosing. Absent updated information, it is assumed that the five individuals sentenced to death for drug offences in the Gaza Strip in 2017 remain on death row. In the United States, the Governor of California established an official moratorium on executions in the U.S. state which has the biggest death row population, New Hampshire became the 21st U.S. state to abolish the death penalty for all crimes, and in March of 2020 the state of Colorado followed suit, contributing the positive trend into this year. A large majority of countries recognize this and it’s encouraging to see that executions continue to fall worldwide,” said Clare Algar, Amnesty International’s Senior Director for Research, Advocacy and Policy. punishment for drug offences. Section 29 of the CNSA provides that “in trials conducted under this Act”, a defendant found in possession of narcotics is presumed to have committed an offence unless the contrary is proven. Mossalem had been brought before Saudi Arabia’s Specialized Criminal Court (SCC), which was set up in 2008 to try individuals accused of terror-related crimes but is increasingly used to suppress dissent. In many cases, the ‘confessions’ elicited during detention have been the only evidence submitted to judges. View the Amnesty 2015 report here. In October 2019, Amnesty International reported numerous violations of the right to a fair trial in Malaysian death penalty proceedings, and confirmed that “those on death row for drug trafficking were frequently convicted after they were found in possession of and transporting relatively small quantities of drugs without having committed or being involved in any form of violence, and were often people that are at the low-end of the drug chain (drug couriers)”. It currently remains a legal punishment in several countries and regions, all of which have sharia-based criminal laws. Despite numerous countries in Europe, the Americas and Asia beginning to decriminalise homosexuality by the mid 20th century, Adolf Hitler and his Nazi Party, with intense far-right nationalist support, outlawed homosexual groups and included homosexuals as one of the minority groups sent to death camps. As a result, Saudi Arabia remains the world’s top executioner for drug offences with the probable exception of China, which does not publish any data on executions. Please note, you will also find some useful infographics for sharing on social media below the full report. Countries With Death Penalty 2020. HRI’s research on the death penalty for drug offences excludes countries where drug offences are punishable with death only if they involve, or result in, intentional killing. For this right to be upheld, it is essential that the burden of proof sit with the prosecution, and that a court only convict the defendant if their guilt is proven beyond a reasonable doubt. With regards to the right to pardon, in late 2014 and then again in 2015, President Widodo singled out individuals convicted of and sentenced to death for drug crimes, expressing that they would not be granted clemency. View the Amnesty 2013 report here. In China, the use of evidence obtained through torture has been explicitly prohibited since 2012. Of the 141 women on death row as of February 2019, an overwhelming 95% have been sentenced to death for drug offences, 90% of which were foreign nationals. The number of countries which have formally abolished the death penalty has been steadily increasing, from 48 in 1991 to 106 in 2017. #NoBanNoWall Protest Resources & Toolkits. While there continues to be no sign of capital punishment being imposed for drug offences, at least four death sentences, all for murder, were handed down in 2019. In the Americas, Saint Kitts and Nevis became abolitionist de facto, having not carried out an execution since 2008. A key reason for this is the nature of the drug market, combined with the way in which drug offences are  defined and the drug offences which are punishable by death. Belarus is still the only country to apply the death penalty in Europe, and carried out at least 2 executions in 2019. Amnesty International reports that executions almost doubled in number from 1,252 in 2007. are those that have the death penalty for drug offences within their By 2019, 142 countries had abolished the death penalty in law or practice, leaving 56 countries still using capital punishment. In July 2019, the Malaysian government announced a plan to overhaul its drug laws in order to adopt a public health approach to drug policy, including the decriminalisation of drug use. Drug offences are punishable by death in at least 35 countries worldwide, but only four (China, Saudi Arabia, Iran and Singapore) are confirmed to have carried out executions for these offences in 2019. While these debates take place, news emerged of at least 17 death sentences in 2019, 12 of which were for drug offences. In March 2019, the premier also approved a draft amendment to the criminal code which, if it enters into force, will expand the death penalty to cases of murder while driving under the influence of alcohol or drugs. Sri Lanka’s former President Sirisena effectively lifted its moratorium on the death penalty by signing death warrants of four individuals convicted of drug trafficking, though the Supreme Court of Sri Lanka stayed the executions.

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