thesis title about death penalty in the philippines

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The attitude towards the restoration of death penalty among the public prosecutors of Iloilo City

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Death Penalty in the Philippines: Evidence on Economics and Efficacy

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DEATH PENALTY

We know that, together, we can end the death penalty everywhere..

Every day, people are executed and sentenced to death by the state as punishment for a variety of crimes – sometimes for acts that should not be criminalized. In some countries, it can be for drug-related offences, in others it is reserved for terrorism-related acts and murder.

Some countries execute people who were under 18 years old when the crime was committed, others use the death penalty against people with mental and intellectual disabilities and several others apply the death penalty after unfair trials – in clear violation of international law and standards. People can spend years on death row, not knowing when their time is up, or whether they will see their families one last time.

The death penalty is the ultimate cruel, inhuman and degrading punishment. Amnesty opposes the death penalty in all cases without exception – regardless of who is accused, the nature or circumstances of the   crime, guilt or innocence or method of execution.

Amnesty International holds that the death penalty breaches human rights, in particular the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment. Both rights are protected under the Universal Declaration of Human Rights, adopted by the UN in 1948.

Over time, the international community has adopted several instruments that ban the use of the death penalty, including the following:

• The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. • Protocol No. 6 to the European Convention on Human Rights, concerning the abolition of the death penalty, and Protocol No. 13 to the European Convention on Human Rights, concerning the abolition of the death penalty in all circumstances. • The Protocol to the American Convention on Human Rights to Abolish the Death Penalty.

Although international law says that the use of the death penalty must be restricted to the the most serious crimes, meaning intentional killing, Amnesty believes that the death penalty is never the answer.

The death penalty is a symptom of a culture of violence, not a solution to it.

Execution Methods

• Beheading • Electrocution • Hanging • Lethal injection • Shooting

WHERE DO MOST EXECUTIONS TAKE PLACE?

In 2022, most known executions took place in China, Iran, Saudi Arabia, Egypt and the USA – in that order.

China remained the world’s leading executioner  – but the true extent of its use of the death penalty is unknown as this data is classified as a state secret; the global figure of at least  883  excludes the thousands of executions believed to have been carried out there.

Excluding China, 90% of all reported executions took place in just three countries – Iran, Saudi Arabia and Egypt.

The global view: death sentences and executions 2008-2022

*This map indicates the general locations of boundaries and jurisdictions and should not be interpreted as Amnesty International’s view on disputed territories.

**Country names listed reflect nomenclature in May 2023

Juvenile Executions

The use of the death penalty for crimes committed by people younger than 18 is prohibited under international human rights law, yet some countries still sentence to death and execute juvenile defendants. Such executions are few compared to the total number of executions recorded by Amnesty International each year.

However, their significance goes beyond their number and calls into question the commitment of the executing states to respect international law.

Since 1990 Amnesty International has documented at least 149 executions of child offenders in 10 countries: China, the Democratic Republic of Congo, Iran, Nigeria, Pakistan, Saudi Arabia, South Sudan, Sudan, the USA and Yemen.

Several of these countries have changed their laws to exclude the practice. Iran has executed more than twice as many child offenders as the other nine countries combined. At the time of writing Iran has executed at least 99 child offenders since 1990.

Executions per year

Amnesty International recorded at least 657 executions in 20 countries in 2018, down by 5% from 2018 (at least 690 executions). This figure represents the lowest number of executions that Amnesty International has recorded in at least a decade.

Death sentences per year

Amnesty International recorded at least 2,307 death sentences in 56 countries in 2019, a slight decrease from the total of 2,531 reported in 2018. At least 26,604 people were known to be under sentence of death globally at the end of 2019.

HOW MANY DEATH SENTENCES AND EXECUTIONS TAKE PLACE EACH YEAR?

Death sentences.

Amnesty International recorded at least 2,052 death sentences in 56 countries in 2021, an increase of 39% from the total of 1,477 reported in 2020. At least 28,670 people were known to be under sentence of death globally at the end of 2021.

Amnesty International recorded at least 579 executions in 18 countries in 2021, up by 20% from 2020 (at least 483 executions). This figure represents the second lowest number of executions that Amnesty International has recorded since at least 2010.

Reasons to abolish the death penalty

It is irreversible and mistakes happen. Execution is the ultimate, irrevocable punishment: the risk of executing an innocent person can never be eliminated. Since 1973, for example, more than 160 prisoners sent to death row in the USA have later been exonerated or released from death row on grounds of innocence. Others have been executed despite serious doubts about their guilt.

It does not deter crime. Countries who execute commonly cite the death penalty as a way to deter people from committing crime. This claim has been repeatedly discredited, and there is no evidence that the death penalty is any more effective in reducing crime than life imprisonment.

It is often used within skewed justice systems. In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation. In some countries death sentences are imposed as the mandatory punishment for certain offences, meaning that judges are not able to consider the circumstances of the crime or of the defendant before sentencing.

It is discriminatory. The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority. This includes having limited access to legal representation, for example, or being at greater disadvantage in their experience of the criminal justice system.

It is used as a political tool. The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.

What is Amnesty doing to abolish the death penalty?

For 40 years, Amnesty has been campaigning to abolish the death penalty around the world.

Amnesty monitors its use by all states to expose and hold to account governments that continue to use the ultimate cruel, inhuman and degrading punishment. We publish a report annually, reporting figures and analysing trends for each country. Amnesty’s latest report, Death Sentences and Executions 2019, was released in April 2020.

The organisation’s work to oppose the death penalty takes many forms, including targeted, advocacy and campaign based projects in the Africa, Asia-Pacific, Americas and Europe and Central Asia region; strengthening national and international standards against its use, including by supporting the successful adoption of resolutions on a moratorium on the use of the death penalty by the UN General Assembly; and applying pressure on cases that face imminent execution. We also support actions and work by the abolitionist movement, at national, regional and global level.

When Amnesty started its work in 1977, only 16 countries had totally abolished the death penalty. Today, that number has risen to 106 – more than half the world’s countries. More than two-thirds are abolitionist in law or practice.

In the Philippines

More than a decade ago, the Philippines recognized that the capital punishment is the ultimate violation of the right to life by abolishing the Republic Act 7659, later ratifying the Second Optional Protocol to the International Convention on Civil and Political Rights which further emphasized the cruel and inhuman nature of capital punishment. Since the start of President Duterte’s term in 2016 however, he has sought to reinstate the death penalty, and almost succeeded when the House of Representatives voted to pass the bill in 2017.

Today, we call on the Philippine Senate to reject any and all proposals for the reinstatement of the death penalty. Call on our Senators to recognize that the death penalty fails as a deterrent to any form of crime and contributes to a culture that continually devalues life.

Recorded executions skyrocket to highest figure in five years

The death penalty is an inhumane, unlawful and ineffective response to drugs, death penalty myths debunked.

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The Perception of Grade 12 students regarding Death Penalty

2020, FEU Roosevelt Cainta

Death penalty has always been a controversial topic in the country. This method of punishment started during the Spanish colonial era. However, it was stopped due to the Republic Act 9643, which was approved by ex-president Gloria Macapagal-Arroyo on 2004. The mentioned republic act invalidates Republic Act 7659, the law that allows death penalty as a form of punishment to criminals. This study explains further the meaning of death penalty in the Philippine context. Aside from that, it also tackles the perspective of Grade 12 students in public and private-sectarian and non-sectarian schools. The respondents of this study came from Pamantasan ng Lungsod ng Marikina (PLMAR), Our Lady of Perpetual Succor College (OLOPSC), and FEU Roosevelt Marikina (FEURM). The reason as to why the researchers chose the said respondents and schools is because Grade 12 students during school year 2019-2020 are either already approaching or of legal age (18 years old) already. This means that they are the ones next in line to vote, and, therefore, they will be the one to decide who is deserving to lead the nation in the future. Due to this circumstance, the researchers concluded that their opinion will matter the most in the near future since they will also serve as role models to the younger generations. On the other hand, three (3) particular schools were chosen because the main problem of this study is the relationship of the perspective of grade 12 students and the type of school they are enrolled in. On another note, the descriptive method was used for this study. This is because by using descriptive method, the researchers will have an easier time analyzing the results of the survey questionnaires. The survey questionnaire the researchers used was divided into six (6) domains, namely, religion, experience, parenting style, school environment, upbringing, and political stand. Since the survey questionnaire is divided into categories, using the descriptive method is more efficient because it is the method meant for analyzing categories (Mccombes, 2019) Based on the findings on this study, the following conclusions were drawn. 1. In FEU Roosevelt Marikina the perception of the students regarding death penalty are all neutral in all aspects. In Pamantasan ng Lungsod ng Marikina the perception of the students regarding death penalty are neutral in religion, upbringing, and school environment while in terms of experience and political stand they agree that death penalty should be implemented. In Our Lady of Perpectual Succor College the perception of the students regarding death penalty is neutral in religion, school environment, and political stand. In the upbringing, they strongly agree that it affects the perception about death penalty that is the opposite of their answer in the experience where they disagree. 2. The demographic profile that are most likely to agree in implementing the death penalty are students ages 18, females, STEM in strand, belongs to middle class regarding family structure, have a family income that ranges to 60,001-80,000, and the parenting style is authoritarian. 3. There is no significant relationship between the students’ religion, upbringing, kind of school and experience to their perspective about death penalty.

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Societal and Political Psychology International Review

Ilarion Tiu

This article analyzes some of the reasons why the Romanian students agree with the death penalty. Based on the data collected through social survey (N=177), our research tests two main variables that are supposed to form the public opinion about death penalty: religious attitudes and conformity to majority tendencies. Statistical analyses suggested that students are holding more materialistic values than religious and their opinions regarding death penalty are consonant with those expressed by majority.

African Journal of Criminology …

Punishment & Society

Eric Lambert

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In the long history of the Philippines, the death penalty was known and accepted fact. The code of Kalantiao, the oldest recorded body of laws of our early ancestors showed the strictness under the barangay that existed and based their moral acceptance of right and wrong. For example, anyone caught stealing would be penalized by suffering the loss of finger. The graver the theft, the more fingers were cut and if the theft was very grave, the hands was chopped off, therefore it is understandable that even in the Early periods of our history there are certain punishment for a offense, that even the code of Kalantiao imposed death penalty for rape and murder that is considered as heinous crime. Today, the State itself has different punishment opposite to its offence, our legislators implement and pass a Bill that will sentenced a grave offender of crime, one of it is the Republic Act No. 7659 or the Death Penalty Act which gathers many controversies on its implementation, according to this act a criminal who has been proven guilty to a heinous crime with the proper due process of law will be executed.

Poengky Indarti

Anthony Hudson

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Sriwijaya Law Review

This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates ...

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The abolition of death penalty is one commonplace issue over global jurisdictions. Nevertheless, it is also true that a surfeit of research has been dealt either in any specific way of legal research or general method of social science. This tends to create a track of practice that they approach the issue in its own national standard of research or discrete logic and narrative. The author proposes an orthodox of legal research by exemplifying the issue of death penalty. By demonstrating a process of legal research in exemplary concerns of death penalty between Korea and US, the article would raise several implications for the future studies; (i) the orthodox of legal research as compared with the quantitative and qualitative methods (ii) key implications of three traditional sources of legal research, i.e., secondary, primary-statute, and primary-court cases (iii) encouragement of comparative social studies between the parallel nations.

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Keep the Death Penalty Abolished in the Philippines (Tagalog) By World Coalition Against Death Penalty, on 23 March 2021

Drug Offenses

This brochure was developed by the World Coalition Against the Death Penalty with the Commission on the Human Rights in the Philippines. It explains why the death penalty risks returning in the Philippines and the reasons against its resurgence. It is available in 11 languages of the Philippines, plus French and English.

Philippines

Abolitionist for all crimes Death penalty legal status

21st World Day Against the Death Penalty – The death penalty: An irreversible torture

Helping the World Achieve a Moratorium on Executions

In 2007, the World Coalition made one of the most important decisions in its young history: to support the Resolution of the United Nations General Assembly for a moratorium on the use of the death penalty as a step towards universal abolition. A moratorium is temporary suspension of executions and, more rarely, of death sentences. […]

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