Realyn Austria June 29, 2017

Human Rights

Death Penalty
Definition: Capital punishment, a government sanctioned practice whereby a
person is put to death by the state as a punishment for a crime.

I. Death Penalty in Singapore

a. Method: Hanging

b. Grounds for the imposition of Death Penalty

i. Illegal Trafficking of Drugs

Cannabis (more than 500 grams)
Cocaine (more than 30 grams)
Heroin (more than 15 grams)
Methamphetamine (more than 250 grams)

ii. Involves Manufacturing, Possession, and Custody of the

drugs and the Laboratory even the one who is holding the
key.

b. Statistics

i. 70% of hangings are for drug-related offences.

ii. 30% are from other crimes

Waging or attempting to wage war or abetting the
waging of war against the Government
Offences against the Presidents person
Piracy that endangers life
Perjury that results in the execution of an innocent
person
Murder
Abetting the suicide of a person under the age of 18
or an insane person
Attempted murder by a prisoner serving a life
sentence
Kidnapping or abducting in order to murder
Robbery committed by five or more people that
results in the death of a person
Using or attempting to use arms to commit scheduled
offences like unlawful assembly; rioting; certain
offences against the person; abduction or kidnapping;
extortion; burglary; robbery; preventing or resisting
arrest; vandalism; mischief.

c. When it is carried out.

Executions in Singapore are traditionally carried out at 6am on

Fridays, ironically when most are rejoicing, knowing the long-
awaited weekend is almost within reach. Just as people are stirring
 under toasty blankets and rubbing the sleepiness from their eyes,
an inmate on death row is being escorted from his or her
cell to the execution chamber.

d. The Procedure
They are done by a hangman, whose identity is
kept secret by the state.

Based on the prisoners height and weight, a

noose of appropriate measurements is carefully
prepared.

The length of rope cannot be too short because

the inmate will likely struggle and suffocate to death;
it also cannot be too long because that results in
instant decapitation.

The noose is placed over the prisoners head

with the knot strategically slipped right behind
the ear. This ensures that the neck and by
extension, the spinal cord snaps from the impact of
the long drop through the trapdoor.

The process is quick and humane, and the only

people who are allowed to witness it are the doctors
and prison officers.

The doctor will determine the cause of death and

pronounce the time of death.

e. The Last Meal.

On the eve of their execution, inmates on death row are
treated to a special supper of their choice, under the
condition that the meal is within the prison budget. The
classiest option would be a simple glass of milk, which,
unlike other food items that may burst out of a persons body
during the execution, stays within the stomach.

II. Death Penalty in the United States

a. Method: Lethal Injection

Alabama, Arizona, Arkansas, California, Colorado,
Delaware, Florida, Georgia, Idaho, Indiana, Kansas,
Kentucky, Louisiana, Mississippi, Missouri, Montana,
Nebraska, Nevada, New Hampshire, New
Mexico,** North Carolina, Ohio, Oklahoma, Oregon,
Pennsylvania, South Carolina, South Dakota,
Tennessee, Texas, Utah, Virginia, Washington,
Wyoming, U.S. Military, U.S. Government
b. Alternative Method:
i. Electrocution (9 states)
Alabama, Arkansas, Florida, Kentucky, Mississippi,
Oklahoma,South Carolina, Tennessee, Virginia
ii. Gas Chamber (6 states)
Arizona, California, Mississippi, Missouri, Oklahoma,
Wyoming
iii. Hanging (3 states)
Delaware, New Hampshire, Washington
iv. Firing Squad (3 States)
Mississippi, Oklahoma, Utah

c. Grounds for the imposition of Death Penalty

i. Drug Trafficking
Murder committed in furtherance of drug trafficking
or when the offender fires a weapon into a group of
two or more persons to escape detection of a major
drug offense,
When in relation to a crime of violence or a drug
trafficking crime the offender uses armor piercing
ammunition to commit a killing that qualifies as
murder.
Killing while engaging in or working in furtherance of
a continuing criminal enterprise (for drug trafficking)
is punishable by death.

ii. Aggravated Murder

First Degree Murder
Unlawful killing with malice aforethought where
the murder is accomplished by poisoning, laying in
wait, or any other kind of willful, deliberate,
malicious or premeditated killing; or in enumerated
instances where the murder is committed in
perpetration of another serious and dangerous
offense against property, the person or the state, can
be punished by death
a. Various murders can be treated as first degree
murders under Title 18 of the United States
Code Section 1111: murder of an officer or
employee of the U.S. or its agencies, or of
state personnel assisting federal personnel
b. Retaliatory killing of the family members of
federal officials or employees, or by such a
federal prisoner after an escape.
c. The murder of a foreign official, guest, or
internationally protected person;
d. The murder of a federal juror, court officer or
magistrate judge during or related to the
discharge of his duties, murder of a federal
witness, victim or informant (to prevent
testimony or evidence, or in retaliation)
e. Murder with a firearm in a federal facility,
 f. Use of armor-piercing ammunition to commit a
murder,
g. Murder of the President, Vice President, or
individual next in the line of succession to the
Presidency, or murder of members of Congress
(or elect), head (or nominee) of an executive
department or a Justice (or nominee).

Other Aggravated Murder Offenses

a. Murder for hire (in interstate commerce or
when paid by an enterprise engaged in
racketeering),
b. Carjacking with intent to cause serious harm or
death, resulting in death,
c. Murder committed by a federal prisoner under
a term of life imprisonment,
d. Murder in relation to interstate or foreign sex
trafficking, child pornography, sexual
exploitation of minors, coercion or enticement
to prostitution, human trafficking, transmission
of information about a minor for sexual
purposes,
e. Torture (in another country) resulting in death
(if the victim was a U.S. national or the
offender is present in the U.S.),
f. Transporting or receiving explosives with the
intent that they be used to kill, injure,
intimidate, or destroy a building, vehicle or real
property, if death results proximately from
transporting or receiving, or use of the
explosives, resulting in death,
g. Kidnapping or
h. Hostage-taking resulting in the death of any
person,
i. Killing during a bank robbery, in attempt to
escape after a bank robbery, or of a hostage,
j. Killing of the President, Vice President, or
individual next in the line of succession to the
Presidency, members of Congress (or elect),
head (or nominee) of an executive department
or a Justice (or nominee), resulting from a
conspiracy or a kidnapping.

iii. Other Offenses Resulting in Death

a. Second degree murder by a federal prisoner
under sentence of life imprisonment;
b. Mailing any prohibited substance or item
resulting in death;
c. Offenses against maritime navigation or
maritime fixed platforms resulting in death;
d. Conspiracy against civil rights,
e. Violation of civil rights under color of law,
f. Violations of federally protected rights,
 g. Destruction of religious real property or
obstruction of a persons free exercise of
religion resulting in death.

iv. Terrorism-Related Offenses Resulting in Death

a. Destruction of motor vehicles or aircraft or
facilities for such vehicles and craft, if death is
a result of the offense.
b. Use of a device, substance or weapon at an
aircraft facility in an act of violence against
persons or destruction of facilities, resulting in
death can be punished by death.
c. Terrorist attacks and other violence against
railroad carriers and against mass
transportation systems on land, on water, or
through the air, resulting in death, can be
punished by death.
d. Terrorist murder of a U.S. national is
punishable by death in accordance with 18
U.S.C. 1111.
e. Use of a weapon of mass destruction, resulting
in death, can be punished by death.

v. Terrorism-Related Offenses Not Resulting in Death

a. aircraft hijacking or sabotage

vi. Drug Trafficking Not Resulting in Death

a. drug trafficking in large amounts
b. importation of quantities of drugs likely to
result in the deaths of some individuals
vii. Treason
Under the Constitution, treasonable offenses consist
only of waging war against the nation or giving aid
and comfort to her enemies, and no one may be
convicted of treason except on the testimony of two
witnesses to the same act or on confession in an
open court of law.

viii. Espionage
Under limited circumstances
a. A jury must find that as a result of the act an
agent of the U.S. was identified by a foreign
power and killed; or
b. a jury must find that the act involved
disclosures about enumerated weapons,
defense systems, intelligence systems or plans.

ix. Military Offenses Not Resulting in Death

spying, espionage, offenses against noncombatants
(such as forcing a safeguard), desertion,
disobedience, mutiny or sedition, cowardice,
dereliction of duty (particularly to commit an offense
under the laws of war), disclosure of parole or
 countersign, aiding the enemy, improperly hazarding
a vessel, failure to perform sentinel duties, and
offenses against persons such as child rape (which
might be affected by recent Supreme Court
jurisprudence).
x. War crimes, crimes against humanity and genocide.
Genocide resulting in death (the offense of genocide
includes non-deadly measures taken against the long-
term survival, welfare or cohesion of a group)
xi. Other Offenses Not Resulting in Death.
Attempted murder of any officer, juror or witness in
cases involving a continuing criminal enterprise.
d. Exemption:
i. Individuals Below Age 18 At Time of Crime.
ii. Pregnant Women.
iii. Intellectually Disabled.
iv. Mentally Ill / Insane

e. Statistics
i. In 2010, 109 death sentences were handed down to
defendants.
ii. In 2011, 80 death sentences were handed down.
iii. In 2012, a total of 77 death sentences were handed down.
iv. In 2013, a total of 80 death sentences were handed down
v. In 2014 there were 73 new death sentences issued in the
United States.
vi. As of April 1, 2015, there were 3,002 individuals on death
row in the United States
vii. As of July 21, 2015, 8 executions have taken place since
then.
viii. Of the 13 people executed, 4 people were executed by the
state of Arkansas between 2027 April, 2017.
ix. From January 2001 through February 2014, 673 of 683
executions were carried out by lethal injection
x. In 2013, 38 out of 39 executions in the U.S. were performed
by lethal injection, mostly using the relatively new drug
pentobarbital either by itself or in conjunction with other
drugs.
xi. Two executions in Florida were carried out with midazolam
hydrochloride for the first time.

III. Death Penalty in Qatar

a. Method: Firing Squad

b. Statistics
i. 20 individuals currently in a death row as of 2009
ii. There is one man executed through firing squad on March
10, 2003 for a 2001 murder
iii. Executions in Qatar are rare
c. Grounds for the Imposition of Death Penalty
i. Aggravated Murder.
Parricide, murder by poisoning, explosion, murder of
a public employee or murder aggravated by another
offense

ii. Premeditated Murder.

iii. Other Offenses Resulting in Death.
Intentional killing
Hirabah (highway robbery or violent robbery)
resulting in death may carry the death penalty when
the offender or victim is a Muslim
Arson resulting in death
Torture to obtain forced confessions or self-
incrimination, resulting in death
Kidnapping resulting in death
Calumny (bearing false witness) carries the death
penalty when resulting in execution of an innocent
person

iv. Terrorism-Related Offenses Resulting in Death.

Sinking or damaging a maritime vessel, theft of
merchandise aboard a plane or ship (perhaps piracy),
dumping in, infecting, or otherwise spoiling water
resources, or purposely committing an act that could
lead to spread of infection or an epidemic
Causing the death of a person in conjunction with an
act with terrorist purposes (broadly defined as acts
ranging from interference with the legal or public
order to acts aimed at causing terror or disunity to
acts of eco-terrorism or causing other serious harm).

v. Terrorism-Related Offenses Not Resulting in Death.

Bearing arms for a terrorist purposes (broadly
defined as acts ranging from interference with the
legal or public order to acts aimed at causing terror or
disunity to acts of eco-terrorism or causing other
serious harm).
Founding an organization or using an organization to
commit terrorist acts
Receiving paramilitary training to commit a terrorist
act (against Qatar) is punishable by death.

vi. Rape Not Resulting in Death.

Rape of a male or female
rape by a relative, guardian, caretaker or servant of
the victim
Rape is presumed if the victim is known to the
offender to be mentally unstable (unable to consent)
Statutory rape of a victim the offender knows is under
the age of 16 carries the death penalty if the offender
is the victims relative, guardian, caretaker or servant.
 vii. Drug Trafficking Resulting in Death.
Killing a public official in resisting enforcement of the
narcotics laws carries the death penalty.

viii. Drug Trafficking Not Resulting in Death.

Recidivist drug trafficking-related offenses.

ix. Economic Crimes Not Resulting in Death.

Extortion by threat of accusation of a crime of honor
(such as adultery).

x. Treason.
Treason against the external security of the state,
such as bearing arms against the state (or instigating
the same), perpetrating acts to undermine the
independence or territorial integrity of the state,
assisting in the hostile acts of a foreign state,
interfering with the defense (including by breach of a
defense contract during time of war), or giving
information to an enemy, carries the death penalty.
Working for a foreign country, if detriment to the
state occurs, is punishable by death.
Treason against the internal security of the state,
such as insurrection or attempts on the person of the
Emir or vice-Emir, carry the death penalty.
Attacks on the leader of a foreign nation are
considered crimes against state security, and are
punishable by death.

xi. Espionage.
Espionage for benefit of an enemy
Any espionage damaging to the state
d. Exemption
i. Individuals Below Age 18 At Time of Crime
ii. Pregnant Women
iii. Women With Small Children
iv. Intellectually Disabled
v. Mentally Ill
vi. Elderly

IV. Death Penalty in Jordan

a. Method: Hanging
b. Statistics
i. Amnesty International reports indicate that an estimated
total of 67 individuals were sentenced to death from 2007 to
2011.
ii. As of February 2013, there are at least 106 individuals on
death row, including 9 women.
iii. Twenty-six people were sentenced to death between April
2012 and February 2013, including 3 since the beginning of
2013.
 iv. In March 2017, a mass execution of 15 people was carried
out.
v. Of the 15 executed, 10 had been charged with terrorism
offenses.

c. Grounds in the Imposition of Death Penalty

i. Aggravated Murder
Murder committed in the commission of a felony
and the murder of an ancestor are punishable by
death.
The death penalty also applies if the offender
commits murder or acts of torture during the
commission of a highway robbery or assault
along a public road or in the countryside.
ii. Murder.
Under the Jordanian Penal Code, anyone who
kills a person willfully (Arabic: qasdan, meaning
intentionally, purposefully, advisedly) is
punished with 15 years of hard labor.
However, anyone who kills a person with
premeditation (Arabic: al-israr al-sabq meaning
premeditated persistence, perseverance,
insistence) is punished with death.
iii. Terrorism-Related Offenses Resulting in Death.
Jordan Penal Code, art. 148(4)(a), Law No. 16 of 1960,
1960.
iv. Terrorism-Related Offenses Not Resulting in Death.
If the terrorist act uses explosives; radioactive
materials; chemical, biological, or radioactive
weapons; or if it destroys or partially destroys a
building in which one or more people are present,
the offense is punishable by death. [6]
v. Rape of Child Not Resulting in Death.
vi. Robbery Not Resulting in Death.
vii. Drug Trafficking Not Resulting in Death.
viii. Treason.
ix. Espionage.
x. War crimes, crimes against humanity and genocide
xi. Other Offenses Not Resulting in Death.

d. Exemption
i. Individuals Below Age 18 At Time of Crime
ii. Pregnant Women
iii. Mentally Ill.
iv. Intellectually Disabled.

V. Death Penalty in Libya

a. Method: Shooting
b. Statistics
i. Amnesty International reported that by May 2009 there were
506 individuals under sentence of death, with 186 of those
sentences confirmed on appeal by the High Court and the
 remainder pending. 4 executions, 3 Egyptians and 1
Nigerian.
ii. Nigers Collective of Organizations for Human Rights and
Democracy (CODDHD) reported that 9 Nigeriens were
executed in Libya in 2009.
iii. This means that there may have been at least 13 executions
(Nigerien=from Niger, Nigerian=from Nigeria).
iv. A June 2010 news report cites Cerene, a newspaper
associated with Qaddafis son, as reporting that over 200
people are under sentence of death.
v. We do not have reports of judicial executions in Libya in
2011.

c. Grounds for the Imposition of Death Penalty

i. Aggravated Murder
Under the pre-revolutionary Penal Code, murder
aggravated by planning, ambush or poisoning, or in
the furtherance of a felony, was punishable by death.
Intentional murder of a foreign head of state is
punishable by death. That Code has been amended
(in particular by the hudud and qisas laws).

ii. Murder.
Under the pre-revolutionary Penal Code, only
aggravated murder was punishable by death.
However, that Code has been amended by Law No. 6
of 1973, and intentional killing is punishable by
death under that Maliki-influenced amendments.
iii. Other Offenses Resulting in Death.
Under the hudud laws, hirabah (dacoity) with
homicide is punishable by death.
It is defined in Libyas Law on Offenses Against
Property of 1972 as possession of anothers property
by violence or force exercised by using arms.

iv. Terrorism-Related Offenses Resulting in Death.

Attacks aimed at harming the public safety (even if
state security is not a target), when resulting in
death, carry the death penalty.
Intentional poisoning of water or food, or spread of
disease, resulting in multiple deaths, carries the death
penalty.
Some violent offenses affecting state security and
punishable by death could be characterized as
terrorism resulting in death.

v. Terrorism-Related Offenses Not Resulting in Death.

Acts aimed at vandalizing, looting or killing people
are punishable by death, as are other violent offenses
and membership in organizations formed to commit
such offenses.
 Notably, terrorism-related offenses not resulting in
death may be death eligible mainly when they are
aimed at the security of the state.

vi. Drug Trafficking Not Resulting in Death.

Amnesty International reports courts continue to
hand down death sentences, mostly for murder and
drug-related offenses.
Drug trafficking is punishable by death or life
imprisonment, and a fine.

vii. Treason.
Treason is a broad category in Libya. Under Article 3
of Law No. 71 of 1972 on the Criminalization of
Parties, political opposition may be punishable by
death. Although courts rarely pronounce a death
sentence for political opposition, in 2008 there were
reports of a death sentence pronounced in absentia
on an individual who had attempted to create a
human rights organization in Libya.
Articles 206 and 207 of the Penal Code permit capital
punishment for forming or promoting illegal
organizations or opposition to the state, including
support of theories that delegitimize the state.
Other offenses against the state are death-eligible,
including armed resistance to the state, instigating
war against Libya, committing acts against Libya in
the employ of a foreign interest, assisting the enemy,
undermining the defense, undermining the
Constitution, using explosives in an assassination
attempt, waging civil war and attacks against the
government.

viii. Espionage.
Espionage during time of war carries the death
penalty.

ix. Military Offenses Not Resulting in Death.

Abuse of power in opposition to the state and crimes
such as vandalism and looting are punishable by
death.
A number of other military offenses are punishable by
death, including:
a. Assisting the enemy, undermining the defense
or the territorial integrity of the state, returning
to combat against Libya (in cases of released
prisoners of war), mistreating the wounded,
insurrection in face of the enemy, desertion to
a hostile, cowardice, dereliction of duty in face
of the enemy and military crimes violating
humanitarian law.

d. Exemption
 i. Individuals Below Age 18 At Time of Crime.
Libyas domestic law prohibits the practice of
executing individuals for crimes committed while
under the age of 18.
Amendments to Libyas Penal Code have been
consistent in this regard.
Libya has ratified the International Covenant on Civil
and Political Rights, the Convention on the Rights of
the Child, and the African Charter on the Rights and
Welfare of the Child, which prohibit such executions;
Libya has also ratified the Arab Charter on Human
Rights, which prohibits the execution of individuals for
crimes committed while under the age of 18 unless
domestic law specifically allows such punishment;
ii. Pregnant Women.
Amnesty International reports that under Article 436
of the Criminal Procedure Code, women cannot be
executed until 2 months after giving birth.
Libya has ratified the International Covenant on Civil
and Political Rights, the Protocol to the African
Charter on Human and Peoples Rights on the Rights
of Women in Africa, and the Arab Charter on Human
Rights, which prohibit the execution of expectant
mothers.
iii. Women With Small Children.
Libya has ratified the Arab Charter on Human Rights
and the Protocol to the African Charter on Human and
Peoples Rights on the Rights of Women in Africa
which prohibit the execution of nursing mothersbut
the exception provided for by domestic law may be
more limited

iv. Intellectually Disabled.

A lack of capacity or volition is grounds for precluding
criminal liability, and partial incapacity can lead to a
reduced penalty.

v. Mentally Ill.
A lack of capacity or volition is grounds for precluding
criminal liability, and partial incapacity can lead to a
reduced penalty.
We do not know how this law is applied or whether
an exclusion exists, or whether individuals who
become insane after conviction can be executed.