-Caveat Lector-

http://www.guardian.co.uk/elsewhere/journalist/story/0,7792,511073,00.html

Paris dispatch

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Kill the death penalty

A conference in Strasbourg is calling for America to show moral leadership
over the death penalty, writes Jon Henley

Friday June 22, 2001

Timothy McVeigh and Juan Raul Garcia are, unfortunately, by no means the
only ones. Around the world, a total of 1,457 prisoners were executed last
year in 31 countries, and a further 3,058 were condemned to death.
For the record, China heads the list with over 1,000 executions, followed by
the US with 85, Iran with 75 and Saudi Arabia with 63. Amnesty
International, the source of the figures, says they are conservative.

It is against this sorry backdrop that the first ever World Congress against
the Death Penalty, attended by a hundred or so lawyers, human rights
campaigners, death sentence survivors and parliamentarians from Europe,
Africa, Asia and South America, is currently being held in Strasbourg.

At the close of the congress this afternoon, Nicole Fontaine, president of
the European parliament, and the speakers of 21 national assemblies was
signing a declaration calling for the abolition of the death penalty in the
87 countries in the world that still maintain it.

No one is under much illusion as to its impact. "It's unlikely to have any
immediate effect," admitted Ms Fontaine. "But it could prove effective in
the medium term, particularly on countries like Yugoslavia or Turkey, which
are already on the road towards abolition."

America, however, is a different matter altogether. "We won't make any
serious global progress until we've smashed US resistance," said Patrick
Baudouin, a former president of the International League of Human Rights.

While 30 countries (including Canada, Poland, Ukraine and Chile) have joined
the abolitionists' ranks over the past decade, bringing to 109 the number of
states that have now abandoned the death penalty by law or in practice,
America's refusal to reconsider its position is the single most important
obstacle in the campaigners' path.

"There's no doubt that the fact that the United States, the world's only
superpower and the largest western democracy, continues to practise this
barbarity encourages any number of other countries, but especially China,
Iran and Saudi Arabia, to carry on," said Mr Forni. Between them, these four
countries account for nearly 90% of the world's executions. Needless to say,
none of them has sent an official representative to the congress.

Despite George Bush's fierce assertion on his visit to Europe last week that
the death penalty was "the will of the people in the United States", the
arguments against execution are of course multiple, and essentially
unanswerable.

It does not cut crime (no country that has abolished capital punishment has
seen violent crime increase); it contravenes the most basic human right in a
democracy (the right to expect the state to respect the life of its
citizens); it encapsulates all the ills of the society that employs it
(social, cultural and financial inequality, racial prejudice, miscarriages
of justice).

For Robert Badinter, the former French justice minister who pushed through
the abolition of the death penalty in France 20 years ago, the congress is
"a very important step, a genuine world first that will, if nothing else,
send a strong and united signal".

But even if he sees the case of China - under Beijing's "Strike Hard"
programme, 99 criminals were recently shot dead in a single day - as
currently the most preoccupying, Mr Badinter insisted that a change of
American heart over the death penalty was "absolutely essential" to the
cause of universal abolition.

"I think it will come," he said, "and maybe sooner than we think. It'll
happen state by state. The first signs are already there: the governor of
Illinois, a friend of the Bush family, has just ordered a moratorium on
executions after realising that a dozen innocent people had been condemned
to death in his state."

Mr Badinter, now a human rights lawyer, added: "America's two most
influential papers, the New York Times and the Washington Post, are
campaigning for abolition. Even if they are isolationist, Americans are very
keen to show they are the model democracy. The fact that America executes
minors and the mentally handicapped is an unbearable stain on its world
image. It cannot but change."

Walter Schwimmer, secretary-general of the 43-member council of Europe,
which organised the congress (and has obtained a ban or a moratorium on
executions in all its member states, including Russia) said the
abolitionists would serve their cause best by proceeding cautiously and
avoiding grandiose, antagonistic or moralising statements.

"But proceed we must and proceed we will," he concluded, "because the bottom
line is simple: death can never be justice."

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Jenny Decker

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