Japan, the EU, and human rights

LU, Wenjie & ENKH-AMGALAN DulguunMay, 22nd, 2013

OUTLIINE

What is Death Penalty?

Development of Human Rights in Asia

The Death Penalty and Japan

EU policy on the Death Penalty

Death Penalty

What is Death Penalty?

a legal process whereby a person is put to death by th

e state as a punishment for a crime.

Use of the death penalty around the world (as of February 2011)

（ Amnesty International， 2008）

Death Penalty

The international and regional instruments for the abolition of the death penalty and /or restricting its use include:

-World-wide: 2nd Optional Protocol to the International Convention on Civil and Political Rights (ICCPR);

-Regional: Protocol to the American Convention on Human Rights, Protocols No 6 and 13 to the European Convention on Human Rights;

-UN minimum standards;

-Ban on the execution of juvenile offenders (ICCPR article 6, Convention on the Rights of the Child article 37)

Developments on Human Rights in Asia

Five have abolished the DP: Bhutan, Cambodia,

Mongolia, Nepal, Philippines.

Six are abolitionist in practice: Brunei, Burma, Laos,

Maldives, South Korea, Sri Lanka.

Four have a significant downward trend in executions:

China, Malaysia, Pakistan and Singapore.

Nine have experienced little or no progress: Afghanistan,

Bangladesh, India, Indonesia, Japan, North Korea,

Taiwan, Thailand, Vietnam.

• Method of Execution: Shooting [2]

• January 5th, 2012 - abolished death penalty [3]

MONGOLIA

• Method of Execution: Shooting

CHINA

• Method of Execution: Hanging

Japan

The Death Penalty and Japan The "Nagayama standard" Degree of viciousness Motive How the crime was commited;especially the manner in

which the victim was killed. Outcome of the crime;especially the number of victims. Sentiments of the bereaved family members. Impact of the crime on Japanese society. Defendant's age Defendant's previous criminal record. Degree of remorse shown by the defendant.

• At least 1923 people sentenced to death, in 63 countries, in 2011 [4]

• At least 18750 people, under sentence of death worldwide at the end of 2011

The Death Penalty and Japan

The Democratic Party of Japan (DPJ)

in power during 2009-2012

less supportive of the Death Penalty

The Liberal Democratic Party (LDP)won the election in 2012highly supportive of the Death Penalty

The Death Penalty and Japan

(Bacon, 2012)

EU Policy on the Death Penalty

The EU is the leading institutional actor in the fight against the death penalty worldwide and its action in this area represents a key priority of its external human rights policy.

4 recent EU documents on human rights and democracy

December 2011: High Representative of the EU, Human

Rights and Democracy at the Heart of EU External Action -

Towards a More Effective Approach.

June 2012: Council of the European Union, EU Strategic

Framework on Human Rights and Democracy.

June 2012: Council of the European Union, EU Action Plan

on Human Rights and Democracy.

October 2012: European Parliament, Enhancing EU Action

on the Death Penalty in Asia, Briefing Paper.

Core elements of the 4 EU documents

Renewal - policy needs to be ‘more active, more coherent, more effective’.

Tailoring – need to create tailored, bottom-up, country-specific human rights strategies.

Priorities - administration of justice, and the right to a fair trial (due process) recognized as human rights priorities.

Universal - commits the EU to universal human rights norms.

Local – commits the EU to working in partnership with local civil society organizations.

Campaigns - need for cross-cutting themes such as judicial reform, right to a fair trial (HR).

HR – in some countries, abolition of the death penalty is unlikely.

In such cases it would be more practical to shift attention to other issues.

Parliament – countries are at different stages on journey to abolition, and therefore require different strategies.

All states to ratify and implement universal human rights treaties.

Four documents all explicitly recommend that EU should draw on standards in reports produced by the UN human rights bodies.

Bibliography

Bacon, Paul, Developing the EU’s new “more effective approach” to human

rights and democracy: suggestions for a tailored human rights strategy for

Japan, EUIJ Waseda, 2012.

The Death Penalty Project, 2013, The Death Penalty in Japan [1] U.S. Dept. of State, Background Note: Mongolia, http://www.state.gov/r/pa/ei/bgn/2779.htm, Jan. 6, 2012. [2] San Diego Accountants Guide, Capital Punishment in Mongolia

Multimedia Information, http://www.sandiegoaccountantsguide.com/library/Capital-punishment-in-

Mongolia.php, Jun. 25, 2010. [3] National Human Rights Commission of Mongolia http://www.mn-

nhrc.org/eng/ [4] Death Sentences and Executions in 2011 http://www.amnesty.org/en/library/asset/ACT50/001/2012/en/241a8301-

05b4-41c0-bfd9-2fe72899cda4/act500012012en.pdf

Thanks for listening