The Death Penalty in Australia

Foreign Studies Ag4 July 2017

Is the death penalty common d th ld t d ?around the world today?

Second Optional Protocol 1

to the International Covenant on Civil and

Political Rights市民的及び政治的権利に関する国際規約の第２選択議する国際規約の第２選択議定書。主な内容は死刑廃止。Ratification = （条約の）批准

Countries that have abolished the Death Penalty

(abolish = 廃止)

NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

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死刑を廃止した

死刑を宣告した

死刑を執行した

“Capital Punishment: Not Dead Yet”, The Economist, 13 April 2013

As of 31 December 20163

As of 31 December 2016…

• Abolitionist for all crimes 104(+2)

• Abolitionist for ordinary crimes only 7(+1)Abolitionist for ordinary crimes only 7(+1)

• Abolitionist in practice 30(-2)

= Total abolitionist in law or practice 141(+1)

• Retentionist Countries = 57 countries(-1)

(Conducted executions = 23 countries(-2))Reported cases: Of course there are some countries which don’t

report or truthfully report their use of the death penalty

Is Australia an “abolitionist” or “retentionist” country?

The Death Penalty in Australia4 The Death Penalty in Australia

Death Penalty

Abolition ActAbolition Act 1973 (Cth)

The Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition Act) of 2010 makes it impossible for the Australian Commonwealth or

any state or territory in Australia to ever reintroduce the death penalty. NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

y y p y

Lecture Outline5

Lecture Outline• Arguments against the death penalty

– And why the death penalty was abolished in Australia• Australians and the death penalty overseas• The Australian government’s stance towards theThe Australian government s stance towards the

death penalty today• Australian public opinion towards the death• Australian public opinion towards the death

penalty today

Wh h t iWhy have so many countries abolished the death penalty?abolished the death penalty?

Why do some countries keep the death penalty?

What are the arguments for &What are the arguments for & against the death penalty?g p y

Arguments For & Against the Death Penalty

Your ideas…

Four Main Arguments Against the Death Penalty

Four Main Arguments Against the Death Penalty

1. It is a brutal and inhumane form of punishment which goes against the p g gfundamental right to life

– Article 3 of the Universal Declaration of Human Rights: Everyone has the rightHuman Rights: Everyone has the right to life, liberty and security of person.

Article 5 of the Universal Declaration of– Article 5 of the Universal Declaration of Human Rights: No one shall be

bj t d t t t t l i hsubjected to torture or to cruel, inhuman or degrading treatment or punishment.

U i l D l ti f H Ri ht 世界人権宣言Universal Declaration of Human Rights = 世界人権宣言

Four Main Arguments Against the Death Penalty

2. It is not a deterrent against crime

Four Main Arguments Against the Death Penalty

2. It is not a deterrent against crime

– Research suggests offenders often do notconsider the consequences of their actionsconsider the consequences of their actions

• The psychology of homicide• Use of drugs and alcohol• Use of drugs and alcohol

T i d t d– Terrorism and martyrdom

Four Main Arguments Against the Death Penalty

3. The justice system can make mistakes

Four Main Arguments Against the Death Penalty

3. The justice system can make mistakes(The justice system = police, judges, juries)( j y p , j g , j )– Especially in “emotional” cases

Racial bias– Racial bias– Socio-economic bias– Forced confessions; Problematic evidence

“FBI admits flaws in hair analysis over decades” by Spencer S. Hsu, y pWashington Post http://www.washingtonpost.com/local/crime/fbi-overstated-forensic-hair-matches-in-nearly-all-criminal-trials-for-decades/2015/04/18/39c8d8c6-e515-11e4-b510 962f f b 310 t ht lb510-962fcfabc310_story.html

The case of Carlos De LunaThe case of Carlos De Luna

Four Main Arguments Against the Death Penalty

3. The justice system can make mistakes(The justice system = police, judges, juries)( j y p , j g , j )– Especially in “emotional” cases

Racial bias– Racial bias– Socio-economic bias– Forced confessions; Problematic evidence

The death penalty cannot be reversed

Four Main Arguments Against the Death Penalty

4. It is contradictory for governments to have the power of life and death over ptheir citizens

Four Main Arguments Against the Death Penalty

4. It is contradictory for governments to have the power of life and death over ptheir citizens

If murder is illegal why is it okay for– If murder is illegal… why is it okay for governments to murder citizens via the death penalty?penalty?

Four Main Arguments Against the Death Penalty

1. It is a brutal and inhumane form of punishment which goes against the p g gfundamental right to life

2 It is not a deterrent against crime2. It is not a deterrent against crime3. The justice system can make mistakes4. It is contradictory for governments to

have the power of life and death overhave the power of life and death over their citizens

How did Australia come to be b liti i t t ?an abolitionist country?

Ronald RyanRonald Ryan

Main Arguments Against the Death Penalty for Ronald Ryan

Main Arguments Against the Death Penalty for Ronald Ryan

1. It is a brutal and inhumane form of punishment which goes against the p g gfundamental right to life

2 It is not a deterrent against crime2. It is not a deterrent against crime3. The justice system can make mistakes4. It is contradictory for governments to

have the power of life and death overhave the power of life and death over their citizens

The protests against his killingagainst his killing

~Late 1960s~

Main Arguments Against the Death Penalty for Ronald Ryan

1. It is a brutal and inhumane form of punishment which goes against the p g gfundamental right to life

2 It is not a deterrent against crime2. It is not a deterrent against crime3. The justice system can make mistakes4. It is contradictory for governments to

have the power of life and death overhave the power of life and death over their citizens

Henry Bolte – Then Victorian Premier

How did Australia come to be an abolitionist country?

fBut the fact that Australia has abolished the death penaltyabolished the death penalty

doesn’t mean that Australia nodoesn t mean that Australia no longer needs to think about the

death penalty…

Australians and the Death Penalty OverseasPenalty Overseas

Van Tuong NguyenVan Tuong Nguyen

Andrew Chan & Myuran Sukumaran (The Bali Nine)

Australians and the Death Penalty Overseas

• How much should the Australian t d t h l A t li f igovernment do to help Australians facing

death penalty sentences overseas?

Australians and the Death Penalty Overseas

The government should do more to help themg p(Consular Assistance)

The police shouldn’t give information to foreign countries if it may lead to Australians being y g

arrested for crimes that can be given the death penaltyp y

The Australian government’s stance towards the Death Penaltystance towards the Death Penalty

Is the Australian government g“for” or “against”

the death penalty?

Is the Australian government g“for” or “against”

the death penalty?

The Australian government’s stance towards the Death Penalty

• Is the Australian government “for” or “against” the death penalty?g p y– It depends on who is being given the death

penalty ?penalty…?– “Against” in the case of Australians…

“Sil t” i th f t A t li ?– …“Silent” in the case of most non-Australians?– …“For” in the case of some non-Australians?

The government’s contradictory stance 16

~ Former Prime Minister John Howard ~

“Everybody would welcome the death penalty for Osama Bin Laden” (March 2003 US TV)Laden (March 2003, US TV)

The government’s contradictory stance 16

~ Former Prime Minister John Howard ~

“Everybody would welcome the death penalty for Osama Bin Laden” (March 2003 US TV)Laden (March 2003, US TV)

“Australia will not protest the pdeath penalty under Indonesian

law for the Bali bombers”

The government’s contradictory stance 16

~ Former Prime Minister John Howard ~

“Everybody would welcome the death penalty for Osama Bin Laden” (March 2003 US TV)Laden (March 2003, US TV)

“Australia will not protest the pdeath penalty under Indonesian

law for the Bali bombers”

“We would not protest the death penalty for Saddam Hussein”penalty for Saddam Hussein

The government’s contradictory stance 27

~ Former Prime Minister Kevin Rudd ~

Regarding the death sentence for the Bali bombers…

“They deserve the justice that we deliver to them […] They are

murderers, they are mass murderers and they are also

cowards. (October 2008)

The government’s contradictory stance 38

~ Former Prime Minister Tony Abbott ~

“I’ve always been against the death penalty [but in the case of someone]

who cold-bloodedly brought about thewho cold bloodedly brought about the deaths of hundreds or thousands of innocent people, you start to think that maybe the only appropriate y y pp p

punishment is death.”

The Australian government’s stance towards the Death Penalty

• Is the Australian government “for” or “against” the death penalty?g p y– It depends on who is being given the death

penaltypenalty– “Against” in the case of Australians…

“Sil t” i th f t A t li ?– …“Silent” in the case of most non-Australians?– …“For” in the case of some non-Australians?

What is the consequence of this??What is the consequence of this??

The Australian government’s stance towards the Death Penalty

• Is the Australian government “pro” or “anti” death penalty?– It depends on who is being given the death penalty– “Against” in the case of Australians…

“Silent” in the case of most non Australians?– … Silent in the case of most non-Australians?– …“For” in the case of some non-Australians?

• Criticism from foreign governments (Indonesia• Criticism from foreign governments (Indonesia, Singapore, etc) for its “double standard”

Makes it difficult when Australia asks for clemencyMakes it difficult when Australia asks for clemency for Australian citizens given the death penalty abroad

But… note Foreign Minister Julie Bishop’s response to the US decision to prosecute Riduan “Hambali” Isomuddi

“We welcome any prosecution against those who plotted and

supported the terrorist attacks in Bali in 2002. Those responsible for the murder of 202 people, including

88 Australians, should be prosecuted, should receive the

severest of punishment and should never be freed.” June 2017

But… note Foreign Minister Julie Bishop’s response to the US decision to prosecute Riduan “Hambali” Isomuddi

“We welcome any prosecution against those who plotted and

supported the terrorist attacks in Bali in 2002. Those responsible for the murder of 202 people, including

88 Australians, should be prosecuted, should receive the

severest of punishment and should never be freed.” June 2017

But this is possibly related to Australia’s campaign to get a seat on the UN’s

Security CouncilSecurity Council…

Australian public opinion towards the death penaltytowards the death penalty

Australian public opinion towards the death penalty

In the 1960s there were protests…

How about today?…How about today?

Some “opinion poll” results…

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NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

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NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

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NSW Council for Civil Liberties Background Paper – “The Death Penalty in Australia and Overseas”http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

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Australian public opinion towards the death penalty

• Even though Australia is an abolitionist country…

Australian public opinion towards the death penalty

• Even though Australia is an abolitionist country…

We see around half of the population agreeingWe see around half of the population agreeing with the death penalty (especially after cases of murder mass murder and terrorism) in somemurder, mass murder and terrorism) in someopinion polls

Australian public opinion towards the death penalty

• Even though Australia is an abolitionist country…

We see around half of the population agreeingWe see around half of the population agreeing with the death penalty (especially after cases of murder mass murder and terrorism) in somemurder, mass murder and terrorism) in someopinion pollsDoes this mean the Australian governmentDoes this mean the Australian government should reintroduce the death penalty? Sh ld th A t li t d tShould the Australian government do more to educate the public about Australia’s opposition to th d th lt ??the death penalty??

Closing WordsClosing Words…

Selected References• “A World Without the Death Penalty: Australia’s Advocacy for the Abolition of the Death Penalty”, Joint Standing

Committee on Foreign Affairs Defence and Trade May 2016 Canberra Commonwealth Government of AustraliaCommittee on Foreign Affairs, Defence and Trade, May 2016, Canberra, Commonwealth Government of Australia– http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/Death_Pen

alty/Report

• “Australians think Andrew Chan & Myuran Sukumaran should be executed”, Morgan Poll, 2 March 2015htt // /fi di /6044 ti d h k j 2015– http://www.roymorgan.com/findings/6044-executions-andrew-chan-myuran-sukumaran-january-2015-201501270609

• “Amnesty International Global Report Death Sentences and Executions 2016”, Amnesty International– https://www.amnesty.org/download/Documents/ACT5057402017ENGLISH.PDF

• “The Death Penalty in Australian Law”, Jo Lennan and George Williams, Sydney Law Review– http://sydney.edu.au/law/slr/slr_34/slr34_4/04_Lennan_DeathPenalty.pdf

• “The Death Penalty in Australia and Overseas”, NSW Council for Civil Liberties Background Paperhtt // l /d / df/b 3%202005%20d %20 df– http://www.nswccl.org.au/docs/pdf/bp3%202005%20dp%20paper.pdf

• “Crime in Twentieth Century Australia”, Dr Adam Graycar, Year Book Australia 2001 (1301.0), ABS

• “Death Penalty in Australia”, New South Wales Council for Civil Libertiesy ,– http://www.nswccl.org.au/issues/death_penalty/australia.php

• “The Death Penalty – A Matter of Principle”, A speech made by John von Doussa QC, 22 October 2006.

• “Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009” Parliament of Australia Bills• Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Bill 2009 , Parliament of Australia Bills Digest, 1 February 2010, no. 91, 2009-2010.

• “The question of the death penalty”, Commission on Human Rights resolution 2003/67

• “Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death• Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty”

• “Universal Declaration of Human Rights”

11 July Presentationsy• Please investigate and present information

regarding the death penalty in your chosen countryregarding the death penalty in your chosen country. You can discuss the current situation, the historical circumstances behind this a controversial incidentcircumstances behind this, a controversial incident, etc.Michinori New Zealand? Rio Japan?pToshiki Japan? Sae Japan?Ai China? Yoshiki Japan?Tomoki Japan? Kaito Japan?Keita Japan? Natsumi Japan?Che So th Korea? Motohar Japan?Che South Korea? Motoharu Japan?Svenja Germany? Aicha Turkey?Martin Germany? June Thailand?Martin Germany? June Thailand?Tomohiro Japan?