FEATURED POST

Unveiling Singapore’s Death Penalty Discourse: A Critical Analysis of Public Opinion and Deterrent Claims

Image
While Singapore’s Ministry of Home Affairs (MHA) maintains a firm stance on the effectiveness of the death penalty in managing drug trafficking in Singapore, the article presents evidence suggesting that the methodologies and interpretations of these studies might not be as substantial as portrayed.

India: Death without the right to appeal

September 26, 2014: In its report, “India: Death Without the Right to Appeal”, Asian Centre for Human Rights (ACHR) stated that India was not complying with the “United Nations safeguards guaranteeing protection of the rights of those facing the death penalty” which provide that “Anyone sentenced to death shall have the right to appeal to a court of higher jurisdiction, and steps should be taken to ensure that such appeals shall become mandatory.”

Many death row convicts are being denied the right to appeal to a court of higher jurisdiction with the Supreme Court setting aside acquittal by the High Courts and restoring death penalty imposed by the trial courts, and enhancing lesser sentences of life imprisonment awarded by the High Courts to death penalty.

Further, with respect to offences under the Terrorists and Disruptive Activities (Prevention) Act (TADA), the Supreme Court being the appellate court against the orders of the designated TADA courts, the convicts under the TADA are denied the right to appeal before the High Courts as available to those convicted under the Indian Penal Code offences.

The Supreme Court also directs for fresh consideration by the High Courts in some cases where death penalty was not imposed. This is nothing but the apex court influencing the decisions of the lower courts in favour of death penalty.

ACHR stated that the Review Petition which can be filed against the orders of the Supreme Court cannot be considered as an appeal “to a court of higher jurisdiction” as provided in the United Nations safeguards guaranteeing protection of the rights of those facing the death penalty. A review petition is filed to the same Bench of Judges which delivered the judgment or order sought to be reviewed.

Even a Curative Petition filed before the Supreme Court after dismissal of a Review Petition cannot be considered as an appeal to a court of higher jurisdiction as provided under "the United Nations safeguards guaranteeing protection of the rights of those facing the death penalty" because of its very restrictive scope. A curative petition is an exception and can be filed only if a Senior Advocate certifies that it meets the requirements of filing curative petition stipulated by the Supreme Court. 

Source: ACHR, Sept. 26, 2014

Most Viewed (Last 7 Days)

California | San Quentin begins prison reform - but not for those on death row

Oklahoma | Death row inmate Michael DeWayne Smith denied stay of execution

Indonesia | Bali Prosecutors Seeking Death on Appeal

Ohio dad could still face death penalty in massacre of 3 sons after judge tosses confession

Iran | Couple hanged in the Central Prison of Tabriz

Singapore | Court of Appeal rejects 36 death row inmates’ PACC Act constitutional challenge

Tennessee | Nashville DA asks judge to vacate baby murder conviction following new medical evidence