PENALTY

LEADERSHIP AND THE
ABOLITION OF THE
DEATH PENALTY
Federico Mayor 1
Principled political leadership, within the domestic realm and internationally,
is an essential factor in the momentum that is driving the
movement for the abolition of the death penalty. The role played
by leaders—such as prime ministers, presidents, ministers, authorities
within ministries dealing with domestic and international
affairs, national human rights institutions, the judiciary (including
judges and magistrates who pass rulings that shape the debate and
jurisprudence), lawyers and bar associations, and key figures in the
media, religious bodies and civil society organisations—has been
and will remain crucial to ensuring progress towards a world free of
capital punishment.
Ultimately, it is the state that must decide to abolish the death penalty
and protect the fundamental human right to life. Political leadership
has been very important in overcoming domestic opposition to abolition
in several countries. Political leaders have recognized that while
public opinion is relevant, nations face difficulties if popular sentiment,
which is difficult to gauge accurately, is allowed to determine
penal policy. Experience shows that the majority of the public is
willing to accept abolition of capital punishment once it is achieved.
Leaders of several countries have initially granted clemency or
imposed moratoriums on executions which, in turn, have paved the
way for legislative or constitutional repeal of capital punishment.
Many leaders have recognized the ever-present risk of executing
innocent people, as well as other powerful arguments for abolition,
including the discriminatory and arbitrary nature of judicial processes
and the danger of capital punishment being used as a tool of
political repression.
1 Federico Mayor is President of the International Commission against the Death Penalty.
International leadership is very important and complements domestic
political leadership in abolishing capital punishment. Often, it is
a response to pressure, support and recommendations from international
bodies such as the United Nations General Assembly, the
United Nations Secretary General and the Office of the High Commissioner
for Human Rights; treaty bodies such as the Human Rights
Committee, the Committee against Torture and the Committee on
the Rights of the Child; and statements and reports that are drafted by
special procedures. The role of regional bodies such as the European
Union, Organisation of American States and African Union has been
important in ensuring that Europe (barring Belarus), the Americas
(with the exception of the United States of America) and Africa
(with the exception of five countries) have become execution-free.
The majority of the executions take place in regions such as Asia and
the Middle East where there are no regional organisations spanning
the continent (such as the European Union and organisations mentioned
above) and where regional leadership is weak or non-existent.
THE INTERNATIONAL COMMISSION AGAINST
THE DEATH PENALTY
The International Commission against the Death Penalty (ICDP),
founded in Madrid in October 2010, is currently composed of 14
people of high international standing from all regions of the world
who act with independence and neutrality. Its commissioners are
leaders, with long and respected experience in public life, who believe
in the fundamental right to life and who are using their moral voice,
influence and access to advocate with leaders and governments of
death-penalty-retentionist countries for abolition of capital punishment.
These individuals include former presidents, prime ministers,
government ministers and senior United Nations officials, a former
US state governor, a former judge and president of the International
Court of Justice, a senior judge and a leading academic. Each commissioner
has expertise in international law and human rights and
has shown leadership in and commitment to the global abolition of
capital punishment. Their experience and knowledge enable them
to address politically sensitive issues and engage with senior officials
from countries where the death penalty is still used. Their knowledge,
influence and broad geographical representation provide ICDP with
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