FUTURE CHALLENGES Facts and figures show that all over the world capital punishment is in rapid retreat, both in law and practice. However, countries in the Commonwealth – taken as a whole – are lagging well behind in their contribution to the restriction of the death penalty in accordance with international human rights norms.


The challenge for the next five years and beyond lies in us continuing to provide the best possible legal representation to individuals facing the death penalty. We have found that mandatory death sentences have led to serious breaches of human rights. Whilst we do not campaign for abolition, in those countries that still retain the death penalty, we would like to see the mandatory death penalty abolished. The introduction of discretion would allow judges to impose an alternative sentence to death.


Sentencing guidelines and practice need to be developed to meet the legal dictum that the death penalty can only be imposed in the ‘worst of the worst’ or ‘rarest of the rare’ cases.


Over the coming years, we would like to see leadership in this area generated from within the Commonwealth as a human rights issue. We want to see a new dynamic in play, with countries showing their willingness to restrict the death penalty by reference to international human rights norms.


We believe the death penalty, however administered, will almost always violate universally accepted and absolute human rights, namely, the right to life and the right not to be subjected to cruel, inhuman or degrading treatment or punishment.”


Saul Lehrfreund and Parvais Jabbar, executive directors, The Death Penalty Project


The Death Penalty Project: 2006 – 2011 report 7


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