By Roger Hood, Surya Deva
Capital punishment has for a few years now been the topic of controversy and ethical debate. With the strengthening concentration all over the world on human rights there was a circulation to abolish this way of punishment or in the slightest degree, uphold the minimal overseas legislation criteria geared toward maintaining the rights of these dealing with capital punishment.
This ebook identifies Asia as being fairly unaffected via those overseas pressures. The essays contained during this quantity supply an research of adjustments within the scope and alertness of the dying penalty in Asian international locations, and clarify in what methods they fail to satisfy those foreign legislations criteria.
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Additional resources for Confronting Capital Punishment in Asia: Human Rights, Politics and Public Opinion
See DaCosta Cadogan (n 1) paras 84–6. 9/24/2013 8:55:11 PM 34 The Impact and Importance of International Human Rights Standards disorder, which could have allowed Mr. DaCosta Cadogan to raise a defense of diminished responsibility . . Consequently, Mr. DaCosta Cadogan’s mental health at the time of the offense was never fully evaluated by a mental health professional for the purpose of preparing his defense in a case where the death penalty was the only possible sentence . . The Court held that taking into account the strict procedural requirements that the state is obliged to observe in all capital cases, the judge had a duty to adopt a more active role in ensuring that all necessary measures were carried out in order to guarantee a fair trial.
Additionally, Article 8(2) (f ) recognizes the right of defendants to examine witnesses against them and those testifying on their behalf, under the same conditions as the State, with the purpose of defending themselves. [T]he Court observes that the supposed mental illnesses that the representatives alleged Mr. 4. 3. See DaCosta Cadogan (n 1) paras 84–6. 9/24/2013 8:55:11 PM 34 The Impact and Importance of International Human Rights Standards disorder, which could have allowed Mr. DaCosta Cadogan to raise a defense of diminished responsibility .
In part, this pattern is typical of what happened in Europe in the 1950s and 1960s, so I have marked this as at least in part developmental. Why should Taiwan have better peripheral vision in 2013 than did France in 1980? But the answer to this is because it is 2013! If the rest of the world is paying attention to the PRC and Singapore, shouldn’t the rest of the region? The lack of regional and indigenous organizations to focus on issues like the death penalty and other concerns relating to human rights limitations on state power in Asia is peculiar but not hard to understand.