Think carefully on death penalty

 DEBATE has been re-ignited on the introduction of capital punishment or the death penalty in Papua New Guinea.

The United Nations has again suggested to the O’Neill Government to refrain from implementing the death penalty.

In a statement on Monday following the World Day Against the Death Penalty last Friday, UN representative Roy Trivedy reiterated the world body’s view that capital punishment was not a remedy for serious crimes.

“There is no evidence that introducing the death penalty will act as a deterrent. Statistics from countries that have abolished the death penalty indicate no increase in serious crimes.”

Trivedy’s message re-emphasised another statement made earlier this year by the UN independent special rapporteur on extra-judicial, summary and arbitrary executions, Christof Heyns.

“I am of the opinion that the death penalty is not the adequate answer to this sit­uation. It provides a false sense of security and diverts attention from the real long term solutions such as better policing, development and education.”

Heyns’ preliminary findings strongly urged PNG to refrain from implementing the death penalty and his detailed report will be presented at the 29th session of the UN Human Rights Council in 2015.

Fifty-eight countries actively practice capital punishment, 98 countries have abolished it for all crimes, seven have abolished it for ordinary crimes and 35 have not used it for at least 10 years. Amnesty International con­siders most countries ab­olitionist; overall, the org­anisation considers 140 countries to be abolitionist in law or practice.

Capital punishment is a matter of active controversy in many countries and positions can vary within a single political ideology or cultural region. 

In the European Union member states, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe, which has 47 member sta­tes, prohibits the use of the death penalty by its members.

The UN General Assembly has adopted, in 2007, 2008 and 2010, non-binding resolutions calling for a global moratorium on ex­ecutions, with a view to eventual abolition.

Although many nations have abolished capital punishment, more than 60% of the world’s population live in countries where executions take place, such as the People’s Republic of China, India, the United States of America and Indonesia, the four most-populous countries in the world, which continue to apply the death penalty. Each of these four nations voted against the Gen­eral Assembly resolutions. 

Advocates of the death penalty argue that it deters crime, is a good tool for police and prosecutors (in plea bargaining for example), makes sure that convicted criminals do not offend ag­ain and is a just penalty for atrocious crimes such as child murders, serial killers or torture murderers.

Opponents argue that not all people affected by murder desire a death penalty, that execution discriminates against minorities and the poor, it encourages a “culture of violence” and that it violates human rights.

Capital punishment is legal in PNG but has not been imposed for more than 20 years. Under the country’s Criminal Code, the offences of treason, piracy, and attempted piracy are punishable by death. The death penalty for wilful murder was abolished in 1970 but reinstated in 1991.

The country’s last execution was before independence, in 1954. Since 1991, death sentences have been handed down, but no executions have been carried out, due to an absence of regulations surrounding the process.

In 2008, PNG abstained from the vote on the UN moratorium on the death penalty. In 2011, it opposed a similar moratorium.

In May 2013, Parliament voted to implement the death penalty, extend it to cases of aggravated rape and robbery, and to permit executions by electrocution, hanging, lethal injection, suffocation or firing squad.

The UN has again expressed its grave concern at a time when the National Executive Council will soon decide on which mode of capital punishment to implement.

Will our political leadership heed the UN’s plea to reconsider the death penalty or is it too late to abandon plans to implement this draconian form of punishment?