PENALTY

A FIGHT FOR THE PROGRESS
OF HUMANITY
Boni Yayi 1
The death penalty has turned out to be ineffective in the fight against
crime. It never helped curb the crime rate in the countries that make
use of it; in fact, as criminals know what fate is in store for them, they
become more aggressive.
The death penalty does not provide satisfaction to the families of the
victims, as an execution cannot soothe their pain. Also, the numerous
judicial errors that have been discovered, leading to stays of execution,
should force a reflection in society about the need to abandon this
form of punishment.
The Republic of Benin has fully adhered to the Second Optional
Protocol of the International Covenant on Civil and Political Rights,
aiming at abolishing the death penalty, since 2013.
Even before 2013, death sentences imposed by the courts of Benin
were not carried out. The last execution took place in 1987; after
that, Benin observed a de facto moratorium. Since Benin became
party to the Second Optional Protocol, no court in Benin can
sentence people to death. The government informed all courts
of Benin accordingly, specifying the new international norm to
which Benin had become a party. Benin’s new draft penal code
has annulled all provisions relating to the death penalty, based on
the principle of the superiority of ratified international law over
domestic legislation.
“THE DEATH PENALTY
HAS TURNED OUT TO BE
INEFFECTIVE IN THE FIGHT
AGAINST CRIME.”
The main challenge the government
faces is the need to
mobilize the necessary means
and financial resources to
refurbish or build modern
infrastructure including
—Boni Yayi
high-security prisons, in line
with international standards, to carry out life sentences. The goal is
to ensure that perpetrators of armed robberies resulting in casualties
are not released to resume their criminal activities at the expense of
society.
We consider that the international community should pursue and
strengthen its outreach efforts to convince an increasing number of
states to adopt a moratorium with a view to abolishing the death
penalty. The abolition of the death penalty is a fight for the progress
of humanity, and Benin wishes to thank civil society organisations for
their remarkable work towards an evolution of minds and mentalities
to that end.
At the United Nations, this progress is already visible and needs to
be strengthened. It is heartening to see that several states that used to
abstain or vote against the resolution on the moratorium are changing
their vote, and we have to pursue our efforts to support them further.
It is important to recognize that the practice followed in Benin is
the result of a process of sensitisation which gained the trust of the
people of Benin, who traditionally value human life and believe that
the death penalty is not justice but rather a failure of justice. These
outreach campaigns have been very successful.
1 Boni Yayi is the president (chief of state and head of government) of the Republic of Benin.
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