Wednesday, 14 December 2022

Capital Punishment: Legally authorized murder for committing crime

Capital punishment, also known as the death penalty, is a state-sanctioned practice of deliberately executing a person as a punishment for an actual or supposed crime, and following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant execution.[1] The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row".

Crimes that are punishable by death are known as capital crimescapital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murdermass murderaggravated cases of rape (often including child sexual abuse), terrorismaircraft hijackingwar crimescrimes against humanity, and genocide, along with crimes against the state such as attempting to overthrow government, treasonespionagesedition, and piracy, among other crimes. Also, in some cases, acts of recidivismaggravated robbery, and kidnapping, in addition to drug traffickingdrug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for a status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in Russia during the Great Purge of 1937–1938 were an instrument of political repression.

Etymologically, the term capital (lit. "of the head", derived via the Latin capitalis from caput, "head") refers to execution by beheading, but executions are carried out by many methods, including hangingshootinglethal injectionstoningelectrocution, and gassing.

As of 2022, 55 countries retain capital punishment, 109 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice.[4][5] Although the majority of nations have abolished capital punishment, over 60% of the world's population live in countries where the death penalty is retained, such as ChinaIndia, the United StatesSingaporeIndonesiaPakistanBangladeshNigeriaEgyptSaudi ArabiaIranJapan, and Taiwan.

Capital punishment is controversial in several countries and states, and positions can vary within a single political ideology or cultural region. Amnesty International declares that the death penalty breaches human rights, stating "the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment."[ These rights are protected under the Universal Declaration of Human Rights, adopted by the United Nations in 1948. In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe, which has 46 member states, has sought to abolish the use of the death penalty by its members absolutely, through Protocol 13 of the European Convention on Human Rights. However, this only affects those member states which have signed and ratified it, and they do not include Armenia and Azerbaijan. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020, eight non-binding resolutions calling for a global moratorium on executions, with a view to eventual abolition.

News

An Iranian court issued the first death sentence to a protester, as authorities have cracked down on those involved in demonstrations sparked by the death of Mahsa Amini.

CUSTODIAL DEATHS: WORLDWIDE REPORTS

Sri Lanka

Deaths in police custody increase 


CUSTODIAL DEATHS IN INDIA


On December 12, 2022, a person died in CBI custody at Rampurhat in Birbhum district of West Bengal. This is the latest custodial death incident in India. 

Custodial Deaths In Rampurhat - Bing News

CBI initiates enquiry in custodial death of Birbhum violence accused (msn.com)

Following are some reports on CUSTODIAL DEATHS IN INDIA

Custodial deaths in India may refer to the deaths of persons in police custody and also to the deaths of persons in judicial custody while undergoing trail or serving a sentence. 

In the financial year 2021–22, the National Human Rights Commission of India reported 2152 deaths had occurred in judicial custody and 155 deaths had occurred in police custody till 28 February 2022. According to a report released by National Campaign Against Torture (NCAT), there were 1606 deaths in 2019 which occurred in judicial custody and 125 deaths occurred in police custody. On 26 July 2022, while answering a question in the Lok Sabha Union Minister of State for Home Affairs Nityanand Rai revealed that 4484 cases of custodial deaths were reported in India during the period FY 2020-21 to FY 2021-22.


In 1997, India signed the United Nations Convention against Torture. As of April 2022, India is yet to ratify it.

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Custodial deaths: India

Gujarat recorded 55 custodial deaths in 2017; Ahmedabad topped the list

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HC imposes fine of ₹20 lakh on police after custodial death; case given to CBI - Hindustan Times