UN: Death penalty inhumane, violates basic human rights

CHILDREN of prisoners, who have received capital punishment and those on death row, are also victims of an archaic, inhumane practice–a remnant of TT's colonial past, which damages society's moral fabric and goes against basic human rights.

The United Nations recognised the recent World Day against the Death Penalty with a panel discussion on the contentious subject, with contributions from Rhonda Gregoire-Roochan deputy director at the Children's Authority; Catholic Commission for Social Justice (CCSJ) chair Leela Ramdeen; Alloy Youk See, public relations officer of the Social Workers' Association and a former senior prison officer. The panel and audience were overwhelmingly in support for the abolition of the death penalty.

The event was organised by the European Union, jointly with Amnesty International, the Law Faculty of the University of the West Indies, St Augustine Campus, Red Initiatives and the CCSJ.

"The abolitionist trend is continuing," said EU ambassador Aad Biesebroek, delivering the feature address.

However, with daily reports of violent crime in the country and an unflattering murder rate, those who have called for the resumption of hangings in TT might be hard-pressed to change their opinion on the matter, at least until faced with evidence showing its ineffectiveness to deter criminals.

Evidence-based contributions from stakeholders on the panel highlighted the counter-productive and potentially disastrous effects on the families, and children in particular, which often follow state executions.

"The death penalty is a cruel, inhuman and degrading punishment contrary to the right to life. The death penalty means revenge, not justice, and its abolition contributes to the enhancement of human dignity," Biesebroek said, stressing the European Union and Council of Europe's vehement opposition to the death penalty "at all times and in all circumstances."

United Nations figures indicate some 142 countries or 74 per cent of its member states, have ceased use of the death penalty, either by removing it from their penal code or opting not to enforce the law. Last year, capital punishment was used in 20 counties, representing a historic low of just 10 per cent of UN states.

The debate around capital punishment, Biesebroek added, normally surrounds the perpetrator and victim, "before elaborating on the criminal justice system or society as a whole," especially children, who the panel agreed are the unseen victims of state executions.

"Far too often what remains unaddressed are the other individuals impacted by the death penalty," he said.

Biesebroek's call for its abolition transcended TT.

"The Council of Europe member states which have not yet acceded to Protocols No. 6 and 13 to the European Convention on Human Rights are called upon to do so without delay," he said, naming Belarus as one of the few European countries, which has not done away capital punishment.

"The Council of Europe and the EU once again urge Belarus to abolish the death penalty and join the community of nations that have chosen to replace vengeance with human dignity. They also invite those observers to the Council of Europe who has not yet abolished the death penalty to engage in dialogue on the obstacles blocking their path towards abolition.

He continued by encouraging all countries to join the Alliance for Torture-Free Trade, in which the states involved commit to restricting trade in goods used to carry out torture and the death penalty.

"Global cooperation against the death penalty can trigger change. It will also help to fight international organised crime since abolitionist states will often not extradite suspects to countries where they could face capital punishment," said Biesebroek.

"An ever-growing majority of people and leaders share the view that the death penalty is no better a deterrent to crime than other punishments, and that it does not contribute to public safety," he continued, adding that the death penalty disproportionately affects members of vulnerable groups, who cannot afford experienced defence lawyer.

In keeping with the theme of this year's World Day against the Death Penalty, Biesebroek, reiterated the impact death row and state executions have on the relatives, especially children, of the inmates.

"Denying children and families a burial or cremation violates their human rights, notably their right to be free from cruel, inhuman and degrading treatment. Children who have lost parents because of executions suffer deep and lasting grief and trauma," Biesebroek said, adding, "No-one is better placed than these unseen victims to understand the impact the death penalty can have."

The UNHCR–the UN's refugee agency–states: "(children) whose parents have been sentenced to death, or those who have had one or both parents executed are too often forgotten in the ensuing discussion on the use of the death penalty as a punishment."

"This death is sanctioned by the state to punish the parent, but actually after they have died, it is the children who are left to bear the consequences of not only dealing with the grief of the death of their parent but also the difficulties that come with not having a parent," UNHCR report summary continues. "When compared to other forms of punishment, the death penalty disproportionately affects mental health and well-being of family members of the convicted person (especially children and primary care-takers), as well as third persons included in criminal proceedings or executions (such as prosecutors, judges, lawyer and executioners)."

Andrew Douglas, a lifer and mentor at the maximum-security prison in Arouca gave an emotional account of the mistakes he made earlier in his life which led to a lengthy prison sentence. He also spoke about the shame he faced in prison, especially during the brief encounters he had with his son. His son was shot and killed several years ago.

Douglas currently works with inmates, many of whom he said are receptive to dialogue, in an effort to inspire them to

According to Amnesty International, there are currently 42 people, mostly men, on death row in TT.

However, the last execution took place in 1999, when 10 people were hanged during a six-week period between June and July. The previous execution took place in 1994.