Andy Hu - Fort Street High School - HSC Legal Studies 2013 - Van De Hoek

Human Rights Issue: Capital Punishment

Responses to issue:
Capital punishment or more commonly known as the death penalty is a widely debated issue
around the world. It has been a method of punishment dating back many years with traditional
methods such as stoning and hanging. However capital punishment is slowly being abolished
across the world as many argue that it violates the right to life (article 3) and the right to not be
subjected to cruel, inhuman and degrading treatment or punishment (article 5) in the UN
Declaration of Human Rights. Research also found that it is not an effective form of deterrence.
The death penalty was last used in 1967 in Australia and has been responded by the Death
Penalty Abolition Act 1973. However there was still a possibility for it to be re-introduced. In
2010 the Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act
officially prohibited capital punishment in all states and territories. In 1990 Australia ratified the
Second Optional Protocol to the International Convenant on the Civil and Political Rights.
Currently 58 nations still practice it and 97 have abolished it. Despite growing recognition to
entirely abolish the death penalty many large countries such as the USA and China still use
execution as a punishment for serious crimes such as aggravated murder. This is mainly
because the death penalty gives society a sense of retribution and security. It is also expensive
to fund the needs of a criminal who is sentenced to life in prison.
In addition to legislation many groups and parties have responded to the issue of capital
punishment with the majority being against it. One of the biggest organizations against capital
punishment is Amnesty International. They believe that the death penalty is the ultimate
denial of human rights, whether it is a lethal injection or beheading. They raise facts and myths
on the issue in aim to spread recognition of the issue such as the risk of executing an innocent
person such as:
The death penalty:

denies the possibility of rehabilitation and reconciliation.

promotes simplistic responses to complex human problems, rather than pursuing
explanations that could inform positive strategies.
prolongs the suffering of the murder victims family, and extends that suffering to the
loved ones of the condemned prisoner.
diverts resources and energy that could be better used to work against violent crime
and assist those affected by it.
is a symptom of a culture of violence, not a solution to it. It is an affront to human
dignity.
should be abolished. Now. Extracted from http://www.amnesty.org/en/death-penalty/myths-facts/facts

Andy Hu - Fort Street High School - HSC Legal Studies 2013 - Van De Hoek

The South Wales Council for Civil Liberties is also against capital punishment. CCLs policy is
total opposition to the death penalty under all circumstances in all countries. It proposed
ideas to stop the death penalty re-establishing in Australia before the Crimes Legislation
Amendment (2010) such as e-mail links to the attorney-general and other federal members.

Effectiveness of responses:
While the Death Penalty Abolition Act 1973 was the first step for Australian to abolish capital
punishment states could still re-introduce the punishment of execution. This meant there was a
flaw in enforceability. As a response NSWCCL created awareness and promoted people to email federal ministers and attorney generals to stop the death penalty being re-introduced. This
was successful as the Act was amended in 2010 hence protecting the rights of the individual.
Although Australia ratified the Second Optional Protocol in 1990, the Howard government
decided that Australia could assist in foreign death penalty cases without a guarantee that no
one would be executed. This violates Australias international obligations and was a significant
break with past practice. This undermined Australias stance against the death penalty. In
incidents such as the Bali bombing regarding the Howard government assisted Indonesian
officials to gather evidence towards the execution of the bombers without intervention or
disagreeing with the outcome. This highlights the ineffectiveness of international law in that it
is not binding and hard to enforce. The flaws of the Howard government are not meeting the
needs of society in the light that Australia is against the death penalty in addition to protecting
the rights of the Bali bombers.
Both Amnesty and CCL are effective as they are easily accessible through the internet and
widely available for public viewing. Amnesty being a widely recognised international
organisation has a significant influence in providing statistics and facts in argument against the
death penalty which are quoted in media articles.

Andy Hu - Fort Street High School - HSC Legal Studies 2013 - Van De Hoek

Media response:
This article outlines the move towards abolition of capital punishment. It highlights how there
are still 39 countries which oppose the move against capital punishment and 36 abstaining. This
implies that the move towards abolition is slow but gradual. It shows how difficult it is to
enforce law across the world as it is non-binding. It demonstrates the influence of Amnesty and
their works as their opinion is highly regarded as represented in this article along with their
statistical findings.

Andy Hu - Fort Street High School - HSC Legal Studies 2013 - Van De Hoek

This article depicts the progress of abolishing capital punishment in America as it is still procapital punishment despite other western partners being against it. This is significant as
America is arguably the most influential country in the world. The article is against the death
penalty. An important point it raises is the resource inefficiency of the death penalty as money
could be spent on crime-fighting technologies and tools that actually work. Martin
OMalley. The move towards abolition is slow in America but increasing.

Andy Hu - Fort Street High School - HSC Legal Studies 2013 - Van De Hoek

This recent article highlights how the death penalty poses the risk of killing the innocent which
is a denial of human rights. The defendant who attempted to smuggle 4.79 kilograms of cocaine
into Bali was argued to be vulnerable, mentally instable and forced to offend. Whether the
claims are true or not the Indonesian court proposed a death sentence. It also demonstrates
how the death penalty is not a deterrent as attacking her, killing her wont make any different
to the drug traffickers. Theyll send someone else.

Andy Hu - Fort Street High School - HSC Legal Studies 2013 - Van De Hoek

Bibliography
New South Wales Council for Civil Liberties, second optional protocol, Last updated 30 Jan 2013
http://www.nswccl.org.au/issues/death_penalty/2op.php
George Williams, No death penalty, no shades of grey, Sydney Morning Herald, March 2 2010
http://www.smh.com.au/opinion/politics/no-death-penalty-no-shades-of-grey-20100301pdgo.html
AAP, Death penalty dead and buried as parliament bans it for good, Herald Sun, March 12, 2010
http://www.heraldsun.com.au/news/victoria/death-penalty-dead-and-buried-as-parliasmentbans-it-for-good/story-e6frf7l6-1225839834244
Amnesty International, Myths and Facts on the Death Penalty, 2013
http://www.amnesty.org/en/death-penalty/myths-facts
Law Council of Australia, 2013
http://www.lawcouncil.asn.au/programs/criminal-law-human-rights/death-penalty/deathpenalty_home.cfm
The Universal Decleration of Human Rights
http://www.un.org/en/documents/udhr/index.shtml
Article 1: AFP, Australia joins death penalty opposition, The Australian, November 20 2013
http://www.theaustralian.com.au/news/world/australia-joins-death-penalty-opposition/story-e6frg6so1226520476381
Article 2: David A. Love, Death Penalty on the Run, Times Union, February 3 2013
http://www.timesunion.com/opinion/article/Death-penalty-on-the-run-4247598.php
Article 3: Rachael Brown, British woman to appeal against Bali death sentence, ABC, Jan 24 2013
http://www.abc.net.au/news/2013-01-23/british-woman-to-appeal-against-bali-deathsentence/4479594