Judged for More Than Her Crime

Judged for More Than

Her Crime

A Global Overview of Women Facing the Death Penalty

THE CORNELL CENTER ON THE DEATH PENALTY WORLDWIDE

A Report of the Alice Project

September 2018

THE CORNELL CENTER ON THE DEATH PENALTY

WORLDWIDE aims to bridge critical gaps in research and

advocacy around the death penalty. The Center provides

comprehensive, transparent data on the death penalty laws

and practices of all countries and territories that retain the

death penalty. It publishes reports and manuals on issues

of practical relevance to defense lawyers, governments,

courts, and organizations grappling with questions relating

to the application of the death penalty, particularly in the

global south. It also engages in targeted litigation and

advocacy focusing on the implementation of fair trial

standards and the rights of those who come into conflict

with the law, including juveniles, women, and individuals

with intellectual disabilities and mental illnesses. Finally,

it provides training through the Makwanyane Institute to a

cadre of competitively chosen Fellows, who undergo

intensive capital defense training with the intent to return

home and share their knowledge with other capital

defenders around the globe. More information is available

at www.deathpenaltyworldwide.org.

Table of Contents

ACKNOWLEDGEMENTS ........................................................................................................................... 1

FOREWORD ............................................................................................................................................ 3

EXECUTIVE SUMMARY ............................................................................................................................ 4

I. INTRODUCTION: WOMEN ON DEATH ROW, INVISIBLE SUBJECTS OF GENDER DISCRIMINATION ............ 6

II. METHODOLOGY ................................................................................................................................. 9

III. WOMEN FACING THE DEATH PENALTY AROUND THE WORLD: AN UNDERSTUDIED POPULATION ........ 9

IV. CRIMES FOR WHICH WOMEN ARE SENTENCED TO DEATH ................................................................ 11

V. WOMEN IN VULNERABLE SITUATIONS FACING THE DEATH PENALTY ................................................. 15

VI. PRISON CONDITIONS FOR WOMEN UNDER SENTENCE OF DEATH ..................................................... 19

VII. COUNTRY CASE STUDIES ................................................................................................................. 24

India .................................................................................................................................................................. 24

Indonesia .......................................................................................................................................................... 26

Jordan ............................................................................................................................................................... 27

Malawi .............................................................................................................................................................. 29

Pakistan ............................................................................................................................................................ 30

United States of America .................................................................................................................................. 32

RECOMMENDATIONS ........................................................................................................................... 35

APPENDIX: INTERNATIONAL TREATY OBLIGATIONS OF PROFILED COUNTRIES ........................................ 37

ENDNOTES ........................................................................................................................................... 39

Acknowledgements

This report builds upon research conducted by Delphine

Lourtau in 2015 with the support of Cornell Law School’s

Avon Global Center for Women and Justice. The current

report was co-authored by Delphine Lourtau, Sandra

Babcock, Sharon Pia Hickey, Zohra Ahmed, and Paulina

Lucio Maymon. Katie Campbell, Julie Bloch, Kyle

Abrams, Cassandra Abernathy, Leigha Crout, Christine

Mehta, and Elizabeth Chambliss Williams provided

substantial research, writing, and editing. Many thanks to

Elizabeth Brundige for her keen understanding and early

support for the project. A very special thank you to our

partner, the World Coalition Against the Death Penalty,

and to Aurélie Plaçais for obtaining the resources

necessary to produce this report, and for her close

collaboration and expert guidance in the drafting of the

report. We are grateful to Aurélie for her constant support.

Cornell students Avery Cummings, Caroline Markowitz,

Grace Oh, and Xiaofei Xie provided substantial research.

We are grateful to Randi Kepecs for providing comments

and technical assistance.

The authors are immensely grateful to the many

individuals and organizations who shared their time,

knowledge, and insights with us. We are deeply indebted

to the individuals featured in our case studies, and their

families and lawyers for allowing us to present their

stories. We are very grateful to our local partners who

collected hard-to-find data and shared countless insights

in personal interviews. Without their contributions, this

publication would not have been possible. We are

particularly indebted to the following organizations and

individuals who conducted on-the-ground investigations

that informed the country chapters:

IN INDIA: Project 39A in National Law University, Delhi

undertakes research on various aspects of the criminal

justice system in India and also provides pro bono legal

representation to under-trial prisoners and those on death

row. It is formally a part of NLU Delhi and draws

inspiration from Article 39-A in the Constitution of India

on equal justice and equal opportunity. Project 39A

currently undertakes research on forensics, torture, legal

aid, forensic psychiatry, sentencing and the death penalty.

NLU Delhi started its engagement with the death penalty

through the Death Penalty Research Project and the

Centre on the Death Penalty between 2013-18, which has

subsequently transitioned into Project 39A for a broader

engagement with the criminal justice system in India.

IN INDONESIA: LBH Masyarakat is a not-for-profit non-

governmental organization, based in Jakarta, that provides

free legal services for the poor and victims of human

rights abuses, including people facing the death penalty or

execution; undertakes community legal empowerment for

marginalized groups; and advocates for law reform and

human rights protection through campaigns, strategic

litigation, policy advocacy, research and analysis.

IN JORDAN: Iyad Alqaisi is a practicing lawyer based in

Amman and the director of Justice Clinic, an NGO

focused on legal reforms. He is a member of the Jordan

Bar Association and the Palestinian Bar Association. An

Open Society Foundation Rule of Law Fellow, he holds

an LL.M from Syracuse University, New York and an

LL.B from Jordan’s Yarmouk University.

IN MALAWI: We relied heavily on data generated by the

Malawi Capital Resentencing Project, spearheaded by the

Malawi Human Rights Commission in collaboration with

the Cornell Law School International Human Rights

Clinic, Reprieve, the Paralegal Advisory Services

Institute, the Director of Public Prosecutions, Legal Aid,

the Malawi Law Society, Chancellor College of Law, and

the Malawi Prisons Service. Through this project,

paralegals, students, Reprieve Fellows, and volunteer

lawyers gathered mitigating evidence for more than 150

prisoners who had received mandatory death sentences.

After hearing this evidence in accordance with a new,

discretionary sentencing regime, the high courts released

131 prisoners; the rest received reduced sentences.

IN PAKISTAN: Justice Project Pakistan is a legal action

non-profit organization based in Lahore, Pakistan. It

provides direct pro bono legal and investigative services

to the most vulnerable Pakistani prisoners facing the

harshest punishments, particularly those facing the death

penalty, the mentally ill, victims of police torture, and

detainees in the War on Terror. JPP’s vision is to employ

strategic litigation to set legal precedents that reform the

criminal justice system in Pakistan. It litigates and

advocates innovatively, pursuing cases on behalf of

individuals that hold the potential to set precedents that

allow those in similar conditions to better enforce their

legal and human rights. Its strategic litigation is coupled

with a fierce public and policy advocacy campaign to

educate and inform public and policy-makers to reform

the criminal justice system in Pakistan.

IN THE UNITED STATES: Cassandra Abernathy is an

attorney with the law firm Perkins Coie LLP. Cassandra

focuses her pro bono practice on prisoners’ rights and

death penalty defense. Perkins Coie LLP generously

supported Ms. Abernathy to continue her work on women

on death row in the US through this project.

We are also grateful to the following experts for their

invaluable assistance: Teng Biao, Pamela E. Berman

(IANGEL), Danthong Breen (Thailand Union of Civil

Liberties), Katie Campbell, Sandrine Dacga, Vijay

Hiremath, Hannah Hutton (IANGEL), Yuliya

Khlashchankova (Belarus-Helsinki Committee), Juli King

(IANGEL), Cecilia Lipp (IANGEL), Yanan Liu, Nicola

Macbean (The Rights Practice), Hacene Mahmoud

Mbareck (Coalition mauritanienne contre la peine de

mort), Abdellah Mouseddad (Association marocaine des

droits humains), Tanya Murshed (Evolve), Kolawole

Ogunbiyi (Avocats Sans Frontières France), Hossein

Raeesi, Maiko Tagusari (Centre for Prisoners’ Rights),

Angela Uwandu (Avocats Sans Frontières France), and

Liang Zhang.

We also would like to thank Martha Fitzgerald, Justin

Gravius, and Katie Vaz from Cornell Law School’s

Communications department for their assistance with

designing the report.

Many thanks to Sofia Moro, Tom Short, and Kulapa

Vajanasara for the use of their photographs.

This publication was made possible with the generous

support of the Ministry of Foreign Affairs of Norway and

the Avon Global Center for Women and Justice.

We are honored that Dr. Agnes Callamard, Special

Rapporteur on extrajudicial, summary or arbitrary

executions, contributed the foreword to this report, and

express our appreciation for the gender lens through

which she is implementing her mandate.

The authors’ views do not necessarily reflect the views of

either the Norwegian government or the individuals

interviewed over the course of the project.

Foreword

There is no place for the death penalty in our societies. It

trivializes justice and redress. It legitimizes and legalizes

revenge. It does not deter crime. It is cruel, inhuman and

degrading in its implementation. It is unfair, unjust and

discriminatory. It is arbitrary. Replete with biases, it

disproportionately affects the poorest and most vulnerable.

The death penalty has no place in our societies.

The welcome trend globally towards absolute abolition is

strong: 142 countries have now abolished the death penalty

in law or in practice. In 2017, four additional countries

abolished the death penalty or took steps towards doing so.

The evidence available, credible research, and testimonies

of those who have been on death row or fought for those on

death row have all played key roles in the success of the

global movement to eradicate death penalty.

With this publication, a major gap in our understanding of

the multiple harms and wrongs of death penalty has been

addressed.

As the Special Rapporteur on Extrajudicial, Summary or

Arbitrary Executions, I am committed to adopting a gender

perspective to my mandate, by identifying and exposing the

many ways in which gender interacts with violations of the

right to life and revealing systemic discrimination that must

be remedied for all people to enjoy equal rights.

Until now women facing the death penalty have remained

largely invisible both in law and in the broader field. This

report is the first to examine when and how women receive

death sentences, and what happens to them once they reach

death row. I cannot emphasize enough the importance of

this kind of analysis in our campaigns against the death

penalty and systemic gender-based discrimination.

This report tells the stories of women sentenced to death by

courts that failed to consider their history as survivors of

gender-based violence and other forms of gender-based

oppression. As I have long advocated, when essential facts

of a capital defendant’s case, including domestic violence,

have been ignored, the imposition of the death penalty is

always arbitrary and unlawful. So is the death penalty

imposed as a result of proceedings in violation of the

principle of non-discrimination and fair trial. The report

shows that most women on death row come from

backgrounds of severe socio-economic deprivation and

many are illiterate, which has a devastating impact on their

ability to participate in their own defense and to obtain

effective legal representation.

Criminal justice processes, largely designed by and for

men, frequently are not only blind to the causes and

consequences of gender-based violence, they may actively

reinforce gender-based discrimination. Thus the report

reveals that courts judge women not just for their alleged

offenses, but also for what are perceived to be their moral

failings as women: as “disloyal” wives, “uncaring”

mothers, “ungrateful” daughters. Nowhere are

transgressions of the social norms of gender behavior

punished more severely than in a capital trial.

For all of these reasons, this long-overdue report is a most

welcome asset. It urges policy-makers, activists, scholars,

and lawyers to engage with the issue of gender

discrimination in application of capital punishment. It

demands that they incorporate an awareness of gender bias

into every aspect of their work, combat gender stereotypes

and overcome the binary view of women as either victims

or offenders. A human rights approach to capital

punishment cannot be complete without a gender

component, and what this report offers is the first body of

evidence to demonstrate it and thus to campaign effectively

and inclusively against death penalty.

This report also marks the launch of the Alice Project at the

Cornell Center on the Death Penalty Worldwide. By telling

the long-neglected stories of women on death row, the

Alice Project will shed light on how gender-based

discrimination plays out in countries that apply the death

penalty. It represents a first attempt to devote resources and

attention to the experiences of women on death row, to

develop human rights strategies around the application of

capital punishment to women, and to invite international

law to look to its own biases. I hope that this Project’s call

will be heard loudly, clearly and globally.

AGNÈS CALLAMARD

U.N. Special Rapporteur on Extrajudicial, Summary or

Arbitrary Executions

Executive Summary

We estimate that at least 500 women are currently on

death rows around the world. While exact figures are

impossible to obtain, we further estimate that over 100

women have been executed in the last ten years—and

potentially hundreds more. The number of women facing

execution is not dramatically different from the number of

juveniles currently on death row, but the latter have

received a great deal more attention from international

human rights bodies, national courts, scholars, and

advocates.

This report aims to shed light on this much-neglected

population. Few researchers have sought to obtain

information about the crimes for which women have been

sentenced to death, the circumstances of their lives before

their convictions, and the conditions under which they are

detained on death row. As a result, there is little empirical

data about women on death row, which impedes

advocates from understanding patterns in capital

sentencing and the operation of gender bias in the criminal

legal system. To the extent that scholars have focused on

women on death row, they have concluded that they are

beneficiaries of gender bias that operates in their favor.

While it is undeniable that women are protected from

execution under certain circumstances (particularly

mothers of infants and young children) and that women

sometimes benefit from more lenient sentencing, those

that are sentenced to death are subjected to multiple forms

of gender bias.

Most women have been sentenced to death for the crime

of murder, often in relation to the killing of family

members in a context of gender-based violence. Others

have been sentenced to death for drug offenses, terrorism,

adultery, witchcraft, and blasphemy, among other

offenses. Although they represent a tiny minority of all

prisoners sentenced to death, their cases are emblematic of

systemic failings in the application of capital punishment.

Women in conflict with the law are particularly

vulnerable to abuse and other rights violations, either at

the police station, during trial, or while incarcerated.

Women are more likely than men to be illiterate, which

affects their ability to understand and participate in their

own defense. For example, of the 12 women on India’s

death row in 2015, six have never attended school.

Illiteracy also increases their vulnerability to coercion,

heightening the risk of false confessions. In certain

countries, particularly in the Gulf states, most death-

sentenced women are foreign migrant workers who are

subject to discriminatory treatment.

Mental illness and intellectual disability are common

among women facing the death penalty. In Pakistan,

Kanizan Bibi has been on death row since 1989, when she

was only 16-years-old. Diagnosed with paranoid

schizophrenia, she cannot care for herself in the most

basic ways and has lost all awareness of her surroundings.

Although she is now confined in a psychiatric hospital,

she remains under sentence of death.

Many women enter prison as long-term survivors of

gender-based violence and harsh socio-economic

deprivation. We have documented several cases of women

convicted of crimes committed while they were minors,

often in the context of child marriage. These factors

receive little attention from lawyers and courts. In many

death penalty jurisdictions, gender-based violence is not

considered at sentencing. Few lawyers present such

evidence, and even where they do, the courts often

discount it. In mandatory death penalty jurisdictions, a

woman’s prior history as a survivor of physical or sexual

abuse is simply irrelevant, since the death penalty is

automatically imposed for death-eligible offenses without

consideration of the offender’s background or the

circumstances of the crime.

Our research also indicates that women who are seen as

violating entrenched norms of gender behavior are more

likely to receive the death penalty. In several cases

documented in this report, women facing the death

penalty have been cast as the “femme fatale,” the “child

murderer,” or the “witch.” The case of Brenda Andrew in

the United States is illustrative. In her capital trial, the

prosecution aired details of her sexual history under the

guise of establishing her motive to kill her husband. The

jury was allowed to hear about Brenda’s alleged extra-

marital affairs from years before the murder, as well as

details about outfits she wore. The trial court also

permitted the prosecutor to show the underwear found in

the suitcase in her possession after she fled to Mexico,

because it showed that she was not behaving as “a

grieving widow, but as a free fugitive living large on a

Mexico beach.” As one Justice of the Court of Criminal

Appeals of Oklahoma noted, Brenda was put on trial not

only for the murder of her husband but for being “a bad

wife, a bad mother, and a bad woman.”

Death row conditions around the world are harsh and at

times life-threatening for both men and women. In China,

for example, all death row inmates, including women, are

shackled at all times by their hands and feet. Women face

certain deprivations, however, that do not affect the male

population to the same extent. Some death sentenced

women must also care for infants or young children who

are incarcerated alongside them. Meriam Ibrahim,

sentenced to death in Sudan for apostasy in 2014, was

shackled to heavy chains in prison while eight months

pregnant and caring for a young child. In Thailand and

Myanmar, inmates have reportedly given birth alone in

prison. In many countries, it is challenging or impossible

for women to access sanitary pads or other menstruation

products. In Zambia, for example, women must make do

with rags that they struggle to clean without soap.

The social stigma associated with women who are

convicted and imprisoned, paired in some cases with

restrictive family and child visitation rules, means that

many female death row inmates around the world suffer

an enduring lack of family contact, contributing to the

high levels of depression suffered by women prisoners.

Women on death row may also be denied access to

occupational training and educational programs. For

instance, the general female prison population in Thailand

has access to work programs, but death row inmates do

not. One woman in Ghana explained, after being denied

educational opportunities while on death row: “I don’t do

anything. I sweep and I wait.”

Our country profiles aim to provide a snapshot of women

facing the death penalty in several major regions of the

world. The stories of women on death row provide

anecdotal evidence of the particular forms of oppression

and inhumane treatment documented in this report. It is

our hope that this initial publication, the first of its kind,

will inspire the international community to pay greater

attention to the troubling plight of women on death row

worldwide.

I. Introduction: Women on

Death Row, Invisible Subjects

of Gender Discrimination

When we began this research, we were surprised by the

dearth of information available about female death row

populations around the world. Although a number of

scholars have examined the causes, conditions, and

consequences of women’s incarceration more broadly,

few have focused specifically on women who have been

condemned to death.

As a result, there is little empirical

data about the crimes for which women have been

sentenced to death, the circumstances of their lives before

their convictions, and the conditions under which they are

detained on death row. This lack of research interest, we

believe, is in part attributable to the relatively small

numbers of women on death row. We were nonetheless

convinced, based on our own preliminary research, that

the cases of women condemned to death would reveal

significant patterns of arbitrariness and discrimination in

the application of the death penalty. Our research has

implications beyond the small population of women

facing death row. The factors we identify as affecting why

and how women are sentenced to death are relevant to all

women in conflict with the law. We hope that this report

illuminates how gender and poverty operate

intersectionally to create uniquely precarious conditions

for women facing capital sentences specifically, and

female defendants more broadly.

Faced with the absence of comparative research on this

topic, we spent three years assembling case studies and

reviewing anecdotal information from human rights

reports. We interviewed dozens of lawyers, activists, and

researchers who had first-hand knowledge of cases

involving women who had been condemned to death.

Based on our research, we can confirm that gender-based

discrimination is pervasive in all capital punishment

systems that we studied.

We define gender-based discrimination as the unequal or

unfair treatment of an individual on the basis of gender.

Gender-based discrimination affects all aspects of social

life, and our research has confirmed that capital trials

aggravate pre-existing gender-based inequality. At the

same time, it has revealed that gender-based

discrimination in capital trials is a complex issue because

there is often more than one form of bias at play, and

these biases may work both to the benefit and the

detriment of female capital defendants. The root of these

contradictions is the tendency of actors in the criminal

justice system to see women as victims and survivors

rather than as perpetrators of crime. The stereotype of

women as peaceful caregivers has benefitted many

women who have received reduced sentences as a result.

At the same time, women who are seen as violating

entrenched norms of gender behavior may be sentenced

more harshly. Women tend to receive lesser sentences

than men when perceived as victims that conform with

their assigned roles in society—the “caring mother,” the

“naïve girl,” or the “hysterical woman.” In contrast,

women tend to receive harsher sentences when perceived

as deviating from those roles—the “femme fatale,” the

“child murderer,” or the “witch.”

Women tend to receive lesser sentences

than men when perceived as victims that

conform with their assigned roles in

society—the “caring mother,” the “naïve

girl,” or the “hysterical woman.” In

contrast, women tend to receive harsher

sentences when perceived as deviating

from those roles—the “femme fatale,” the

“child murderer,” or the “witch.”

Domestic legal prohibitions on executing women reflect

this victim/offender binary. This is particularly true of

countries that have outlawed the execution of all women

on the basis of their gender alone. Currently, three

countries that retain the death penalty in their legislation

prohibit its application to all women, regardless of family

status, age, or offense: Belarus, Tajikistan, and

Zimbabwe. Discerning the rationale for the exclusion of

women in these three countries is a matter of some

conjecture, as there was little, if any, public debate

surrounding the introduction of these prohibitions. When

Belarus’s new criminal code of 1999, the first since

independence, excluded all women from the death

penalty, there was “no real debate” on the issue. The

provision seems above all to have codified an existing

practice: only three women are known to have been

executed in Belarus since 1953.

In Tajikistan and Zimbabwe, domestic law originally

prohibited the execution only of pregnant women (an

exclusion required by international law). The extension of

the ban to all women was a strategy for incrementally

reducing the use of capital punishment, rather than the

result of a gendered analysis. In Zimbabwe, the 2013

constitution banned the execution of women because the

drafters did not think that full abolition was politically

tenable. Excluding women was an achievable objective

because few women are executed and executing women

makes the public uncomfortable. It was also a potential

Trojan horse for abolition in light of the constitution’s

equality provisions. Indeed, a constitutional challenge to

the death penalty on equality grounds is currently

underway.

In Tajikistan, as in Mongolia, which excluded

women from execution until it abolished the death penalty

in 2015, the exemption for women “did not entail any

kind of discrimination on the grounds of sex; it existed

because…it was considered…a significant step towards

its complete abolition.”

Other legal prohibitions on executing women emphasize

the social importance of their roles as mothers. Pregnant

women are universally excluded from the use of the death

penalty, although in some countries they may be executed

after giving birth.

Altogether, at least fifty countries have

adopted legislation prohibiting the execution of mothers

with young children or are party to at least one

international treaty that prohibits the practice.

Article

4(2)(g) of the Protocol on the Rights of Women to the

African Charter on Human and Peoples’ Rights provides

that nursing mothers may not be executed, but refrains

from specifying an age at which a child is presumed to be

weaned. The Arab Charter on Human Rights prohibits the

imposition of the death penalty on a nursing mother

within two years from the date on which she gave birth.

These provisions fail to protect new mothers who cannot

or choose not to nurse their babies.

Limitations on executing pregnant women, or women

with young children, embody important human rights

norms, including the fundamental principle of prioritizing

the best interests of the child, and the authors of this

report fully support them. Nevertheless, it is worth

reflecting on the fact that these norms also signal that the

quality for which women deserve clemency is their

connection to motherhood. Such reasoning leaves women

who do not conform to this role—women who have no

children, and especially women whose offenses result in

harm to children—with default narratives of deviance and

place them at a heightened disadvantage in capital trials.

Women who are eligible for the death penalty under

domestic and international law face gender bias at

multiple levels. Our research has revealed a number of

cases of women whose capital trials were permeated with

candidly sexist language. In India, for instance, a woman

accused with her lover of killing her husband was

characterized by the court as the “kind of woman” who

brings “shame” upon her family, village, and society and

who represents a threat to women and men alike.

Referring to the woman’s extramarital affair, the court

commented that “a lady of such character deserves no

leniency.”

A Pakistani court, in refusing a woman’s bail

application in a drug smuggling case, observed: “Had the

accused been concerned about her suckling baby, she

would not have resorted to indulge in such activity which

had afflicted the whole society and especially the younger

generation.”

In a case involving a woman convicted of

killing several members of her family, the Supreme Court

of India stated that as a daughter, she had violated her

gender role as “the caregiver” for her parents.

The Court

further observed, “[the daughter] is a caregiver and a

supporter, a gentle hand and a responsible voice, an

embodiment of cherished values of our society and in

whom a parent places blind faith and trust.”

In all of

these cases, courts chose to arrange the evidence before

them in the shape of familiar narratives about women,

rather than grapple with the complexities of a human

being who happened to be a woman.

In India, for instance, a woman accused

with her lover of killing her husband was

characterized by the court as the “kind of

woman” who brings “shame” upon her

family, village, and society and who

represents a threat to women and men

alike.

In other cases, the evidence of gender bias is more subtle,

but nonetheless unmistakable. One lawyer in Iran noted

that courts trying women capital defendants judge their

whole lives, and not just the offense with which they are

charged (particularly in cases where the defendant is

accused of killing her spouse).

At the investigation stage, police officers’ gender biases

and stereotypical assumptions about femininity influence

their behavior and decision-making regarding female

offenders. For instance, Pakistani police officers

reflexively target wives as the prime suspects in their

husbands’ murders if no other suspect is immediately

apparent.

Our research has also revealed the tendency to

arrest women along with their husbands or other male

figures in their lives. In India, at least nine out of 12

women on death row were charged with one male co-

defendant and at least 6 of these men were their intimate

partners.

In a minority of death row cases in India a

woman was the sole accused.

Moreover, in one instance,

the female death row prisoner reported that her trial

lawyer would only meet with her husband regarding their

case, and then her husband would explain to her the case

details.

Seven out of nine cases of women on death row

in Indonesia also involved male co-defendants, usually an

intimate partner.

Little attention has been devoted to the

question of whether some of these women may face a

capital sentence because of their association with their

male co-defendants, potentially jeopardizing their

presumption of innocence and entitlement to an

individualized judicial process.

Biased treatment by law enforcement exacerbates the pre-

existing vulnerabilities of many female offenders,

especially those from rural areas. Lack of education

prevents many women from being able to read and

interpret legal documents, or to be fully engaged in their

own defense.

Additionally, women frequently lack

money or property of their own, which impedes their

ability to retain qualified legal counsel. Lack of economic

resources also makes it practically impossible for many

women to compensate the victim’s family in legal systems

where financial restitution can lead to a reduction in their

sentence.

At sentencing, gender bias exists not simply when

gendered stereotypes are mobilized to establish

culpability, but also when gender is simply ignored in the

courtroom. Women defendants suffer from harsher

sentences when there is no recognition of how gender and

patriarchy affected their criminal conduct. Fundamental

concepts in criminal law, such as intent and volition, often

take for granted the actor’s agency in determining their

conduct. But survivors of domestic violence, for example,

do not enjoy such agency. Trauma and the threat of

violence influence the defendant’s ability to escape the

peril in which they find themselves.

One of the most striking instances of gender bias at

sentencing affects female defendants who are survivors of

domestic abuse. In mandatory death penalty jurisdictions,

such as Tanzania, gender-based violence is only relevant

where the defendant can proffer a self-defense claim. The

legal doctrine of self-defense, however, is limited to lethal

force deemed “reasonable” and “necessary” to protect life

or limb from imminent threat.

A woman who kills her

batterer while he is asleep, for example, even after a

lifetime of domestic violence, would not necessarily be

able to invoke this doctrine.

One of the most striking instances of

gender bias at sentencing affects female

defendants who are survivors of domestic

abuse.

Even in countries where judges exercise discretion in

applying the death penalty, courts do not consistently take

note of abuse, gender-based violence, and trauma when

making decisions about the appropriate sentence. As an

initial matter, lawyers in most countries lack the resources

and training to document and explain gender-based

violence to the court.

But even where advocates are able

to gather such evidence to present to the court at

sentencing, courts may disregard it.

In capital trials, it is often men who tell the stories of

women facing the death penalty. In most retentionist

countries, women are poorly represented in the ranks of

police officers, lawyers, and judges. The absence of

women making key decisions over the course of criminal

prosecutions may be another contributing factor for the

justice system’s failure to take into account women’s

experiences. The legal system is imbued with patriarchal

norms, and our research indicates that this inherent bias

has contributed to the wrongful convictions and death

sentences of women throughout the world.

II. Methodology

This project relied heavily upon partnerships with country

experts, including practicing capital defense lawyers as

well as activists, academics, and organizations working on

issues related to the death penalty, women’s rights, and

women’s imprisonment. These partners draw their

knowledge from their work with a wide range of

stakeholders in the criminal justice system, including

defense lawyers, civil society, prison administrators, and

prisoners under sentence of death.

The researchers conducted extensive desk research on the

myriad issues facing women on death row around the

world, including by collecting general and country-

specific reports, journal articles, statistical data, reports to

international human rights bodies, case files, country-

specific legislation and jurisprudence, and newspaper

reports.

Further, researchers conducted interviews with country

experts from Cameroon, China, India, Iran, Japan, Jordan,

Malawi, Mauritania, Morocco, Nigeria, Pakistan,

Thailand, United Arab Emirates, Uganda, Zambia, and

Zimbabwe.

The Center partnered with experts/organizations in

Indonesia, India, Jordan, and Pakistan, who conducted in-

depth country investigations and produced detailed reports

based on their research.

Where possible, this report drew upon information

specific to women on death row. Where such information

was not available, the report relies on information about

women prisoners and defendants more broadly. As a last

resort, the report refers to the experiences and conditions

of death row prisoners, who are mostly male. We have

indicated in the text that follows when we rely on

information regarding defendants or prisoners who are not

women on death row.

III. Women Facing the Death

Penalty around the World: An

Understudied Population

Gender discrimination in capital criminal proceedings is

an understudied phenomenon, in part because there are

relatively few women on death row. Although exact

figures are difficult to find and, in some countries,

impossible to obtain, our research suggests that women

represent less than 5% of the world’s death row

population and less than 5% of the world’s executions.

Nonetheless, we estimate that at least 500 women are

currently on death rows around the world.

A. SENTENCES

In Asia, where most of the world’s executions are carried

out, women make up a small fraction of those on death

row. For instance, women represent 5.7% of death row

prisoners in Japan (eight women),

and 2.3% in Taiwan

(one woman).

Estimates of the percentage of women on

death row in China range from 1% to 5%. Given the size

of China’s death row population, these figures represent

dozens, if not hundreds of women.

Women make up 3%

of all death row prisoners in India (12 women),

and

2.5% in Bangladesh (37 women).

As of 2017, there were

33 women on death row in Pakistan

out of around 5,000

prisoners for whom data is available,

or roughly 0.6%.

There were nine women on death row in Indonesia whose

sentences had been finalized as of September 2017, or

about 6% of all death row prisoners with finalized

sentences.

By contrast, women make up 18% of the

death row population in Thailand (94 women).

The proportion of death-sentenced women is even smaller

in largely de facto abolitionist Africa. Female inmates

represent approximately 15% of the death row in Malawi

(four women),

4% in Uganda (11 women),

2.2% in

Nigeria (32 women),

3.1% in Ghana (five women),

1.8% in Mauritania (one woman),

and 1% in Zambia

(two women).

In 2016, Kenyan President Uhuru

Kenyatta commuted the sentences of all prisoners on

death row—2,655 men and 92 women—into life

sentences.

Since then, more people have been sentenced

to death in Kenya but it is unclear how many of these are

women.

The proportion of women on death row is more variable

in the Middle East, the region with the world’s highest

per capita execution rate. As of August 2014, there were

25 women on death row in Iraq out of 1,724 death-

sentenced prisoners, or about 1.4%.

In recent years,

however, the death sentence has been applied to women in

Iraq with alarming frequency for alleged ties to the so-

called “Islamic State” or ISIS.

Currently, 560 women

are awaiting trial in detention on charges of aiding or

being members of ISIS.

In the United Arab Emirates, as of June 2018 there were

nine women under sentence of death out of around 200

death row inmates.

All but one were foreign nationals,

and most of these (if not all) were migrant workers.

Jordan, there are 16 women on death row out of 120 death

row inmates (13%).

The number of death-sentenced

women in Saudi Arabia is unknown. Nevertheless, Saudi

Arabia has executed at least nine women out of the

hundreds of prisoners it has put to death since 2015.

Iranian human rights lawyers estimate that there are

dozens of women on death row in Iran and in 2017, at

least ten women were executed.

In the Americas, the only state that has carried out

executions in the past few years is the United States,

where there were 54 women on death row as of October

2017, representing 1.93% of the total death row

population.

Since 1973, 181 women have been

sentenced to death in the United States, which constitutes

about 2% of all death sentences there.

There are very

few women on death row in the Caribbean.

B. EXECUTIONS

Women are also executed in significantly smaller numbers

than men. Some retentionist death penalty states have

executed few or no women in their history. India, for

instance, has not executed a woman in recent times.

Thailand has executed three women since 1942.

The countries that execute the greatest number of women

are the world’s two leading executioners: China, which in

recent years has executed an estimated 20 to 100 women a

year (1% to 5% of its total executions), and Iran, which

has executed at least 38 women in the past three years

(1.8% of its executions, on average).

The next three

states with the highest number of executions have

executed less than five women a year in the last few years.

Iraq executed 17 women between 2004 and 2014, around

2.5% of its total executions.

Saudi Arabia has executed

less than five women a year in the past five years,

representing around 2.2% of its executions. In the United

States, 16 women have been executed since the death

penalty was reinstated by the Supreme Court in 1976.

This represents about 1% of its total number of

executions. The United States executed two women in

2014 and one in 2015.

Women have also been executed in recent years in

Egypt,

Kuwait,

Jordan,

North Korea,

Afghanistan,

Indonesia,

Gambia,

and Somalia.

IV. Crimes for Which Women

Are Sentenced to Death

Although women are sentenced to death and executed at

lower rates than men overall, they are sentenced to death

at higher rates for certain categories of crimes, such as

sorcery and adultery.

In addition, the facts of the crimes

for which women are condemned to death reveal patterns

linked to gender.

A. WOMEN ON DEATH ROW FOR MURDER

Available data indicates that most women on death row

have been sentenced to death for the crime of murder.

Many of these crimes involve murders of close family

members in a context of gender-based violence. In China,

which executes the most women in the world, one expert

estimated that a significant number, possibly up to half, of

the women sentenced to death for murder had killed

family members.

Yemen’s Interior Ministry reported

that of the 50 women arrested for killing their husbands in

2012, most of them had been motivated by domestic

violence and gender inequality.

While we do not know

how many of these women were eventually sentenced to

death, murder in Yemen carries the mandatory death

penalty unless the victim’s family pardons the offender.

We found reports of women sentenced to

death for killing their abusers in Taiwan,

Uganda, Morocco, Jordan, Malawi, Nigeria,

and China.

Of the 16 women who were on death row in India as of

September 2017, six were sentenced to death for the

murder of their immediate or extended family.

In two

cases, the women’s families had opposed romantic

relationships with men they judged unsuitable.

A third

woman was sentenced to death for killing her husband;

her lover, who was also charged in the crime, received a

life sentence.

In Iran, information gathered from the Iran Human Rights

Documentation Center indicates that most women on

death row were sentenced to death for the murder of their

abusive husbands.

In many cases, these women were

married at a young age, without the right to divorce their

assailants.

We found reports of women sentenced to

death for killing their abusers in Taiwan,

Uganda,

Morocco,

Jordan,

Malawi,

Nigeria,

and China.

The phenomenon is both widespread and under-

investigated, and merits more in-depth research.

There are striking similarities among women sentenced to

death for killing abusive family members. Most cases

involve long-term abuse and the absence of effective

outside help. Economic dependence, fear of losing child

custody, widespread societal tolerance of violence against

women, and the difficulty and stigma involved in

obtaining a divorce exacerbate the effects of marital

abuse. Several death-sentenced women in this category,

particularly in Iran and Nigeria, had been forcibly married

at a young age. In Sudan, for example, 19-year-old Noura

Hussein was reportedly sentenced to death for murdering

her husband after he raped her. Noura’s family compelled

her to marry at 15, but she refused and escaped for three

years. Her father forced her to return and complete the

wedding ceremony in April 2017. Noura’s husband raped

her after she refused to have sex with him. The following

day, Noura stabbed and killed her husband as he tried to

rape her again.

Women facing capital prosecution arising out of domestic

abuse suffer from gender discrimination on multiple

levels. To begin with, evidence of abuse is difficult to

gather. Most domestic violence occurs without any adult

witnesses, and female defendants may be reluctant to

speak out due to stigma, shame, and lack of trust in police

and judicial proceedings. Even if evidence of domestic

violence is presented to the court, women face substantial

barriers in convincing a court that they acted in self-

defense. In many countries, to meet the legal definition of

“self-defense,” a defendant must show that she reasonably

perceived an imminent risk of bodily harm or death, or

that she acted to repel an ongoing attack. This definition

fails to recognize the dynamics of domestic abuse, which

is often perpetrated continually over a long period of time.

A woman who has been repeatedly abused may

reasonably perceive danger to her life that may not be

immediate but is nonetheless ever-present.

Courts,

however, are generally disinclined to believe that a

woman would remain in a long-term relationship if she

believed herself to be in serious danger. They may also

conclude that the defendant overreacted to a situation that

did not create an imminent risk of harm or death. In the

United States, “stand your ground” laws,

which provide

immunity and defense to criminal prosecution, have been

rejected by some courts when survivors of domestic

violence have invoked them to justify their use of force

when defending themselves from long-time abusers.

As the Office of the U.N. High Commissioner for Human

Rights has observed, it is “extremely rare” for domestic

abuse to be treated as a mitigating factor during

sentencing, although it is known to produce serious

physical harm, mental trauma, depression, and

psychological distress.

In countries with a mandatory

death penalty, there is simply no mechanism that would

allow the courts to consider such evidence. Thus, in the

case of Alice Nungu, who killed her husband after he

came home drunk and began to beat her, the Malawi High

Court was unable to take into account her history as a

victim of domestic violence.

Even in those countries

with discretionary capital sentencing, courts may ignore

or discount the significance of gender-based violence and

its consequences. Sometimes, courts within a same

country have divergent approaches to domestic violence,

leading to the arbitrary application of death sentences.

Li Yan killed her husband with the butt of a

rifle that he had brandished during a fight.

Throughout their marriage, he beat and

kicked her, put out cigarettes on her face,

and locked her in their home during the

day and out overnight.

Nevertheless, there are signs that some jurisdictions are

beginning to consider domestic violence in capital trials.

In 2014, a court in Belize applied the so-called “battered

women’s syndrome” doctrine for the first time in the

Caribbean, declining to apply the death penalty to Lavern

Longsworth after finding that she killed her husband after

years of physical and sexual abuse.

In June 2014,

China’s Supreme Court overturned the death sentence of

Li Yan, whose high-profile case had elicited widespread

public calls for leniency. Li Yan killed her husband with

the butt of a rifle that he had brandished during a fight.

Throughout their marriage, he beat and kicked her, put out

cigarettes on her face, and locked her in their home during

the day and out overnight.

China’s Supreme Court and

Procuratorate (the state’s prosecutorial body) have

recommended that courts no longer seek the death penalty

for defendants who kill abusive spouses. Similarly, in

August 2017, Indonesia’s Supreme Court enacted new

Guidelines on Sentencing Women who are in Conflict

with the Law (PERMA 3/2017) to ensure that women’s

rights are upheld during hearings, as well as to identify

discrimination and bias against women.

B. WOMEN ON DEATH ROW FOR DRUG OFFENSES

After murder, drug-related offenses are the most common

crimes that lead to death sentences for women—

particularly in the Middle East and Asia. For example, the

overwhelming majority of women on death row in

Thailand were convicted of drug-related offenses.

Iran, drug trafficking is the crime for which women are

most frequently sentenced to death, after murder.

least 43 women were hanged for drug crimes in Iran from

2001 to 2017.

For instance, Hourieh Sabahi, Leila

Hayati, and Roghieh Khalaji, single mothers from

economically deprived backgrounds who had no criminal

histories, were executed in 2001. Their lawyer argued that

their death sentences were illegal under Iranian law

because of the small quantity of narcotics involved.

Gender inequality also permeates prosecutions of women

for capital drug offenses. Gender dynamics and female

disempowerment are salient factors associated with

women’s involvement in drug smuggling.

Many women

engage in drug smuggling to counteract their

marginalization and improve their socioeconomic status.

In Iran, for example, most drug offenses involving women

are small-scale offenses committed by women from

economically deprived backgrounds.

Drug traffickers

employ women as low-level drug mules because they are

less likely to be caught than men and do not have the

resources to buy and traffic drugs for their own profit,

exposing them to exploitation by drug trafficking rings.

Researchers have concluded that some women smuggle

drugs to please or help someone, usually a male figure, in

their lives.

Other studies have found that women who

were victims of child and/or domestic abuse may engage

in drug smuggling to increase their self-esteem.

Many women engage in drug smuggling to

counteract their marginalization and

improve their socioeconomic status.

Female migrant workers are easy targets for drug

trafficking rings because they are typically poor and

uneducated, but hold passports.

100

For example, Mary

Jane Veloso, a Filipina mother of two boys and former

domestic worker in Dubai, was sentenced to death by

firing squad in Indonesia for drug smuggling, which

carries a mandatory death sentence. Mary Jane and her

legal team have consistently claimed that she had escaped

from Dubai after an attempted rape and that she was a

victim of human trafficking duped into smuggling heroin

into Indonesia.

101

Tran Thi Bich Hahn, a Vietnamese

national, was executed by firing squad in Indonesia in

2015 for drug smuggling. She claimed that she was duped

by a drug cartel to transport a suitcase from Malaysia—

containing 2.4 pounds of methamphetamine—into

Indonesia.

102

C. WOMEN ON DEATH ROW FOR OFFENSES

AGAINST SEXUAL MORALITY

One other category of capital offense deserves particular

attention. In some Shariah jurisdictions, offenses against

sexual morality, or zina, appear gender-neutral on their

face, but in practice are applied in a discriminatory

manner against women. Zina—illicit sexual relations

outside of marriage—is a capital offense for a married

person. Under Shariah principles, a zina conviction

implies a consensual sexual relationship and requires a

very high standard of proof: the testimony of four

eyewitnesses or a confession.

103

It follows that zina

convictions should be exceedingly rare. Pregnancy may

constitute prima facie evidence of illicit sexual relations,

but according to accepted Shariah rules, pregnancy is not

determinative because it may have resulted from rape.

104

Some modern Islamic criminal systems, however, fail to

apply these Shariah principles. In Iran, married rape

victims are at risk of execution for adultery because of

practices which defy these rules. These practices reverse

the high evidentiary burden, requiring that pregnant

women suspected of adultery prove, by four eyewitness

accounts, that their pregnancy resulted from rape—an

extraordinarily difficult burden to meet.

105

The risk of being prosecuted for zina creates a strong

disincentive for women to report rape or sexual assault. In

July 2013, a Norwegian woman on a business trip to

Dubai reported a rape to the police, only to be sentenced

to 16 months’ imprisonment for sex outside of marriage

and alcohol consumption.

106

Following intense diplomatic

pressure, she was eventually pardoned and released.

107

Similarly, women who have reported rape in Pakistan

have been charged with adultery.

108

Zafran Bibi, for

instance, was convicted of adultery and sentenced to death

by stoning after she declared that she was raped by her

brother-in-law. The judge considered her pregnancy proof

of adultery since Zafran’s husband was in jail at the time.

No charges were brought against the brother-in-law

because medical tests showed no signs of force and no

witnesses were available to corroborate Zafran’s

account.

109

The method of execution prescribed for zina—stoning—is

almost never applied in practice. Still, it is discriminatory

on its face. Shariah law dictates that if the prisoner

succeeds in freeing themselves during the stoning, he or

she will be pardoned. In preparation for stoning, men are

buried to their waist in the ground while women are tied

up and buried deeper (theoretically to prevent their breasts

from being stoned). Some men, but virtually no women,

are able to escape execution. In Sudan, Intisar Sharif

Abdallah, whose age was believed to be under 18, was

sentenced to death by stoning for adultery. The state failed

to provide Intisar with a lawyer or interpreter, even

though Arabic is not her first language; moreover, her age

was never assessed by the court.

110

Intisar was released in

July 2012 after the Ombada court in Omdurman dropped

all charges against her due to a lack of evidence.

111

The

vast majority of adultery cases and stoning sentences in

Sudan have been imposed on women, pointing to the

disproportionate and unequal application of this draconian

law.

112

Even where stoning sentences are eventually

modified, women must live with the terror of such a

sentence—a punishment which is in itself cruel and

inhumane.

Married sex workers and married victims of sex

trafficking also face capital punishment under these laws.

One Iranian case exemplifies the tragic and absurd

consequences of such a system: a woman forced by her

abusive husband into prostitution was convicted as an

accomplice to murder when one of her male clients killed

her husband. She was also sentenced to death by stoning

for adultery. The male client, in contrast, was sentenced to

a jail term of eight years.

113

D. WOMEN ON DEATH ROW FOR TERRORISM-

RELATED OFFENSES

Women also face capital punishment for terrorism-related

offenses, especially in Iraq, Pakistan,

114

India, and Iran. In

recent years, Iraqi courts have sentenced more than 3,000

people to death, including dozens of women,

115

many of

whom were convicted of crimes relating to membership in

ISIS. Iraqi and foreign women are receiving the harshest

sentences because they traveled to live under ISIS,

married an ISIS member, or received a stipend from ISIS

after the death of their husbands.

116

After spending weeks

in overcrowded and unsanitary detention centers, women

attend an abbreviated trial where their fates are decided.

Defense lawyers, when appointed, are unable to

communicate with their clients prior to trial, present any

evidence in court, summon any witnesses, or use qualified

translators. Most trials end with sentences of life in prison

or capital punishment.

117

In Yemen, 22-year-old Asmaa al-Omeissy was sentenced

to death in 2018 on “state security” charges in a rebel-

controlled area of Yemen.

118

While traveling to her

father’s home in the Houthi-controlled region of Sana’a,

Asmaa was detained by Huthi rebels.

119

While in

detention, Asmaa was tortured and accused of terrorism,

collusion with foreign powers, and illicit sexual

intercourse with her travel companions.

120

Following a

trial that lacked substantive procedural guarantees, she

was condemned to death while her father and two travel

companions were released.

121

In Iran, Shirin Alamhouli

was hanged in 2010 after being convicted of moharebeh

(enmity with God) for her alleged involvement in the Free

Life Party of Kurdistan (PJAK) group. A few days before

her impromptu execution, Shirin wrote in a letter: “I was

arrested in April 2008 and was taken directly to the

headquarters of the Sepah. As soon as we arrived there,

and before I was asked any questions, they began beating

me. I was there 25 days, of which I was on hunger strike

for 22 days. I suffered all types of physical and mental

torture.”

122

India also Fehimda Syed sentenced to death in

2009 for participation in the 2003 Mumbai bombings.

123

E. WOMEN ON DEATH ROW FOR WITCHCRAFT

Although men have been sentenced to death for

witchcraft, it is typically women who are accused of

sorcery-related crimes. The word “witch” is almost

exclusively used to refer to a woman. For centuries,

women have been persecuted, prosecuted, tortured, and

executed for witchcraft, which is perceived as the cause of

misfortunes including deaths, illnesses, accidents, loss of

livestock, and droughts.

124

The practice continues today.

In 2006, Fawza Falih was sentenced to

death in Saudi Arabia for “bewitching” a

man, causing him to become impotent.

According to the United Nations, thousands of women are

still hunted, beaten, tortured, and in many cases murdered

because of their reputed use of witchcraft.

125

Nevertheless,

death sentences and judicial executions for witchcraft are

becoming scarcer and are mainly applied in Saudi Arabia.

In 2006, Fawza Falih was sentenced to death in Saudi

Arabia for bewitching a man, causing him to become

impotent. The judges relied on Fawza’s coerced

confession and on the statements of witnesses who

claimed to have seen her bewitching the man. In court,

she explained that her interrogators beat her during 35

days in detention at the hands of the religious police, and

that as an illiterate woman, she did not understand the

document she was forced to fingerprint.

126

Likewise,

Amina bint Abdel Halim Nassar was reportedly beheaded

in Saudi Arabia for practicing witchcraft in 2011.

127

F. WOMEN ON DEATH ROW FOR OTHER OFFENSES

In Iran, 17-year-old Leyla Mafi was

arrested during a raid on a brothel and

sentenced to death for prostitution.

Prostitution, brothel keeping, blasphemy, kidnapping, and

armed robbery are other crimes for which women receive

capital punishment. In Iran, 17-year-old Leyla Mafi was

arrested during a raid on a brothel and sentenced to death

for prostitution. Leyla, who was forced into prostitution

by her mother when she was eight, was intellectually

disabled. Leyla’s death sentence was eventually

commuted. Instead, she received 99 lashes and was sent to

a rehabilitation center in Tehran in 2006.

128

In Nigeria,

armed robbery is the crime for which women are most

frequently sentenced to death, after murder.

129

In China,

women have been sentenced to death for financial crimes

and child trafficking.

130

Women in Sudan and Pakistan

have been sentenced to death for apostasy

131

and

blasphemy

132

In 2010, Aasia Bibi, an illiterate farmer and mother of

five, was sentenced to death by hanging for blasphemy in

Pakistan. One day while working in the fields, a group of

Muslim women refused to drink water from a water bowl

arguing that Aasia, who is Christian, had contaminated it.

Aasia Bibi

During the incident, the women accused Aasia of

blasphemy, a charge that she denied.

133

Aasia has been on

death row for eight years and is currently waiting for the

Supreme Court to hear her appeal.

134

V. Women in Vulnerable

Situations Facing the Death

Penalty

The death penalty is often applied to the most vulnerable

and marginalized members of society. The vast majority

of death row prisoners are indigent, and many suffer from

mental disorders or intellectual disabilities. In some

countries, members of racial, ethnic, or religious

minorities are especially vulnerable to prosecution for

capital crimes.

Women on death row are no exception. But women also

face intersecting forms of discrimination based on “gender

stereotypes, stigma, harmful and patriarchal cultural

norms and gender-based violence,” all of which have “an

adverse impact on the ability of women to gain access to

justice on an equal basis with men.”

135

Youth, forced

and/or child marriage, mental illness or intellectual

disability, migrant worker status, poverty, and race and

ethnicity are all factors that increase the risk that a woman

will be sentenced to death. Many women on death row fall

into several of these categories, compounding their

vulnerability.

A. JUVENILES AND SURVIVORS OF FORCED

MARRIAGE

One of the most widely accepted tenets of international

law prohibits the imposition of death sentences on

children under the age of 18 at the time of the offense.

136

Nevertheless, some countries continue to execute

juveniles, in part because of the legal system’s failure to

verify an offender’s age at the time of the offense.

137

While a minority of women on death row are juvenile

offenders, their cases merit close scrutiny because of their

vulnerability and because the patterns their cases reveal

are emblematic of the challenges faced by many women

on death row.

Virtually all cases of death-sentenced minors that we

found involve gender-based violence, child marriage,

and/or sexual abuse. Trial courts around the world largely

fail to take into account gender-based violence as a

mitigating factor to reduce sentences, even in the context

of child marriage.

138

This omission erases the role of

domestic violence in cases of female minors who kill their

abusers, a significant concern given the prevalence of

domestic abuse worldwide in marriages involving girls.

139

Similarly, courts rarely consider the mental health effects

of child marriage, such as post-traumatic stress disorder,

depression, and other mental or emotional disorders.

140

While youthfulness exacerbates these effects, adult

women in abusive relationships should also benefit from

the protection of laws recognizing the relevance of

domestic abuse and child marriage to capital sentencing.

Virtually all cases of death-sentenced

minors that we found involve gender-

based violence, child marriage, and/or

sexual abuse.

Four cases from four different countries illustrate the

universality of these concerns across cultures and legal

systems. The recent case of Maimuna Abdulmumini in

Nigeria is emblematic. Maimuna was married at the age

of 13. Five months into her marriage, her husband burned

to death in alleged arson attack while he slept. Maimuna

was arrested and charged with murder. She languished in

prison for six years while her trial dragged on. In 2012, a

Nigerian court convicted Maimuna of culpable homicide

and sentenced her to death. Lawyers acting pro bono

challenged her death sentence before a regional court, the

ECOWAS Community Court of Justice, arguing that

imposing a death sentence on a juvenile violated

international law and the African Charter on the Rights

and Welfare of the Child. The ECOWAS court ruled that

Nigeria had violated its international human rights

obligations, ordered a stay of execution, and awarded

Maimuna damages.

141

Maimuna was released from prison

in 2016.

142

The case of Zarbibi,

143

sentenced to death in Iran, raises

similar concerns. Zarbibi was 15 years old when she was

forced to marry a 27-year-old man. In a diary she wrote

from her prison cell, she described how her husband

abused her physically and sexually, separated her from her

family, and forced her to leave school. At the age of 16,

while four months pregnant, she killed her husband with a

kitchen knife.

144

The court sentenced her to death, and she

gave birth to her daughter while imprisoned on death row.

Under Shariah law, the family of the victim may pardon

the perpetrator of a serious crime. Zarbibi’s late husband’s

family pardoned her on the condition that she marry his

brother.

145

She agreed and was released from death row.

According to her lawyer, however, her freedom remains

highly restricted.

146

In Tanzania, Mary Raziki,

147

who was forced to marry at

age 16, was sentenced to death for the murder of her co-

wife. Mary suffered severe domestic violence at the hands

of her husband, including physical, psychological, and

economic abuse. According to Mary’s older sister, Mary’s

house resembled a cow shed. Mary’s husband stole crops

from Mary’s shamba (farm) to take them to his new

home, forcing Mary to work several jobs, and sometimes

beg for money to feed their children.

148

Mary sought

protection from village authorities and from her family,

but they did nothing to prevent the violence, protect Mary

and her children, or hold her abusive husband

accountable. Mary stated that she did not intend to cause

the death of her husband’s second wife; she set fire to

their home believing it was empty. Because of Tanzania’s

mandatory death penalty scheme, however, the trial judge

was unable to consider her lack of malice or the abuse she

suffered, and sentenced her to death. Mary has been on

death row for more than 15 years.

149

In Indonesia, although juveniles are by law excluded from

capital punishment, some courts have treated girls under

the age of 18 as criminally responsible adults by virtue of

their married status, even when they act under compulsion

from their adult husbands. One woman currently on death

row was a minor but married at the time of her offense.

Susi

150

was convicted of killing a child when she was 17

years old under the orders of her older, abusive husband.

Her husband had previously and without her knowledge

killed six boys and one man. The court acknowledged in

its findings of fact that Susi was not aware of her

husband’s homicidal acts. Importantly, the court further

acknowledged that she repeatedly resisted her husband’s

orders to kill a child and only obeyed after he threatened

her life. Despite these findings, Susi and her husband

received the same sentence: a death sentence for

premeditated murder. The maximum punishment for a

juvenile offender is normally 10 years’ imprisonment but

this girl was sentenced to death.

151

B. WOMEN WITH MENTAL ILLNESSES AND

INTELLECTUAL DISABILITIES

Multiple studies have confirmed that incarcerated women

suffer high rates of mental illness. According to a study

carried out in the United States from 2011 to 2012,

incarcerated women reported significantly higher rates of

mental health problems than men in prison.

152

In the

United Kingdom, women in prison are five times more

likely to have a mental health issue than women in

general. Close to half of incarcerated women in the U.K.

report having attempted suicide, which is twice the rate of

men in prison (21%).

153

The World Health Organization

found that incarcerated women have high rates of

substance abuse and histories of abuse.

154

International law prohibits the execution of individuals

with mental illness or intellectual disability.

155

The U.N.

Office of the High Commissioner for Human Rights has

urged all retentionist states not to impose the death

penalty on or execute a person suffering from any mental

or intellectual disabilities.

156

While there is widespread

agreement on the prohibition, in practice states do not

apply it.

The case of Grace Banda

157

is illustrative. Grace, an

intellectually disabled grandmother, was sentenced to

death in Malawi in 2003.

Grace Banda. Photo by Sofia Moro.

Dr. George Woods, a neuropsychiatrist, concluded that

she suffers from intellectual disability as well as Fetal

Alcohol Spectrum Disorder (FASD). She attended three

years of primary school but she cannot read or write. As a

child her growth was stunted, most likely as a result of

FASD and malnutrition. Grace had been married for over

30 years, then left her husband after he started beating her

and having relations with other women. During a famine

in her village, her grandsons stole maize from a

neighbor’s field. One of the boys, suffering from

malnutrition, died from the beating she inflicted to

discipline him. She attempted to revive him to no avail,

and later reported the incident to the authorities. After

spending 13 years on death row, Grace was granted a

sentence rehearing in 2016.

158

Based in part on her

intellectual disability, the High Court reduced her

sentence to a term of years. Already elderly and in poor

health, Grace was released on humanitarian grounds in

2018.

C. MIGRANT WORKERS

In some countries, particularly Gulf nations like the

United Arab Emirates and Saudi Arabia, foreign

nationals—and in particular, foreign migrant workers—

are sentenced to death in disproportionate numbers. This

extends to foreign women on death row, many of whom

are domestic workers.

159

In the UAE, for example, of the

approximately 200 people on death row, only 19 are UAE

nationals. There are nine women on death row, and eight

are foreign nationals, most of whom are domestic

workers.

160

All migrant workers, both male and female, are

particularly vulnerable to unfair capital trials: they are

poor, they lack linguistic, cultural, and institutional

knowledge of the criminal justice process, and they are

often denied access to effective legal representation and

translation.

161

In addition, language barriers, illiteracy, and

economic vulnerability may leave migrant workers at

particular risk of forced and false confessions.

162

Foreign female domestic workers often face exploitative

work situations. A recent report on the abuses perpetrated

against female foreign domestic workers in the UAE notes

that domestic workers who leave their employers or make

complaints against them will sometimes be charged with

capital crimes.

163

Media reports indicate that domestic

workers have sometimes been charged with witchcraft,

but more frequently have been charged with zina

(extramarital sexual relations under Islamic law). In two

reported cases, pregnant domestic workers were convicted

of zina. One, who was unmarried, was sentenced to one

hundred lashes; the other, who was married, was

sentenced to death by stoning.

164

In Saudi Arabia, as in the UAE, many

women on death row are also migrant

workers that do not speak Arabic.

In Saudi Arabia, as in the UAE, many women on death

row are also migrant workers that do not speak Arabic.

165

Several foreign women serving as domestic workers have

been charged with killing their employers or their

employers’ children. For instance, Rizana Nafeek, a Sri

Lankan domestic worker, was executed in 2013 for killing

an infant in her care. According to Human Rights Watch,

she was only 17 at the time of the crime, and had no legal

representation during her interrogation or at her first

trial.

166

In 2015, at least four of the 158 executed

individuals in Saudi Arabia were women: all were non-

nationals, including two Indonesians, one Myanmar

national, and one woman from Syria.

167

Their status as

foreigners, in tandem with unequal status of women in

Saudi society, subjected them to compounded bias in the

criminal justice system.

D. POOR WOMEN

In 2017, the U.N. Office of the High Commissioner of

Human Rights called the death penalty a “class-based

form of discrimination in most countries, thus making it

the equivalent of an arbitrary killing.”

168

People living in poverty are disproportionately arrested,

incarcerated, and sentenced to death in countries around

the world. In general, their communities are more heavily

policed, they lack access to quality legal representation,

and cannot afford to appeal their cases in court. They

typically cannot afford bail and therefore comprise the

vast majority of the pre-trial prison population, which, in

turn, hinders their ability to obtain counsel to mount an

effective defense.

Many women in the criminal justice system, and the vast

majority of those on death row, are from poor and

marginalized communities. Most women who are detained

are unable to afford a lawyer, and are more likely to be

illiterate and unaware of their legal rights.

169

Illiteracy and

lack of education among poor women leave them more

vulnerable to discrimination, coercion, and exploitation.

The United Nations has documented reports of illiterate

and poor women signing confessions, which they neither

wrote, nor understood.

170

Many women in the criminal justice

system, and the vast majority of those on

death row, are from poor and marginalized

communities.

The National Law University Delhi found that at least

74.1% of death row prisoners in India, including all 12

women on death row in 2015, were “economically

vulnerable” based on their landholding and occupation.

171

Of those 12, six had never attended school at all, and only

two had advanced beyond secondary school.

172

The

National Law University Delhi determined that nine of the

women on death row were unemployed,

173

and seven out

of 12 were married before turning 18 years of age.

174

Interviews with lawyers and nonprofit organizations in

Nigeria,

175

Jordan,

176

Morocco,

177

Pakistan, Uganda,

178

and

Thailand,

179

indicate that the vast majority of women on

death row in those countries are similarly indigent and

illiterate.

E. RACIAL AND ETHNIC MINORITIES

In the United States, numerous studies have concluded

that racial discrimination leads to disproportionate

sentencing in capital cases, particularly in inter-racial

crimes involving black defendants and white victims.

180

One of the factors that leads to racial bias in sentencing is

the exclusion of black persons from juries. In 2005, the

United States Supreme Court found that prosecutors in

Dallas, Texas, had systematically excluded black people

from serving on juries.

181

The Court observed that

prosecutors that draw “racial lines in

picking juries establish ‘state-sponsored group stereotypes

rooted in, and reflective of, historical prejudice.’”

182

The case of Kimberly McCarthy in Texas illustrates the

dangers of such discriminatory practices. Kimberly was a

black woman sentenced to death in Texas for the murder

of her white neighbor in 1997. In 2002, Kimberly

successfully appealed her conviction, but was convicted

and sentenced to death again at a re-trial later that same

year. At her retrial, the jury consisted of 11 white persons

and only one black person. In the jury selection process,

the prosecutor dismissed three of the four prospective

jurors who were black, leaving just one black person on

the jury. Kimberly’s lawyer failed to object to the

prosecution’s exclusion of black persons from the jury,

and her first appellate lawyer failed to raise it on appeal.

Although Kimberly finally received a lawyer in 2013 who

challenged the prosecution’s racial discrimination in a

habeas corpus appeal, the court dismissed the appeal on

the grounds that it had not been raised in a timely manner.

Kimberly McCarthy was executed by lethal injection on

June 26, 2013.

183

VI. Prison Conditions for

Women under Sentence of

Death

A. INTERNATIONAL LEGAL PROTECTIONS FOR

WOMEN IN DETENTION

Several international and regional treaties, as well as

internationally recognized standards and norms, safeguard

the human rights of women pre-trial, during trial, and

while incarcerated.

184

The foundational conventions

protecting the human rights of capital defendants and

death-sentenced prisoners are the International Covenant

on Civil and Political Rights (“ICCPR”) and the

Convention Against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (“CAT”). The

ICCPR provides that “[a]ll persons deprived of their

liberty shall be treated with humanity and with respect for

the inherent dignity of the human person.”

185

National criminal justice systems and

prisons, and to some extent international

law itself, are largely designed by men and

for men and often overlook women’s

specific needs and vulnerabilities.

Nevertheless, as this report underlines, national criminal

justice systems and prisons, and to some extent

international law itself, are largely designed by men and

for men and often overlook women’s specific needs and

vulnerabilities.

186

In the specific context of the death

penalty, international and regional instruments focus on

women’s roles as mothers and caregivers, excluding

women from execution when they fill these roles. There is

a universal prohibition on the execution of pregnant

women, enshrined in four international and regional

human rights conventions: the ICCPR,

187

Protocol to the

African Charter on Human and Peoples’ Rights on the

Rights of Women in Africa,

188

African Charter on the

Rights and Welfare of the Child,

189

and Arab Charter on

Human Rights.

190

Depending on the country, pregnant

women who receive a death sentence either benefit from a

commutation to a term of imprisonment or receive a stay

of execution until after the birth of the child.

191

The

African regional instruments further prohibit the

execution of mothers of infants and young children,

192

while the Arab Charter prohibits the execution of any

“nursing mother within two years from the date of her

delivery.”

193

The ICCPR is one of the mostly widely ratified human

rights treaties in the world, and 69 of the 84 countries and

territories that retain the death penalty are parties to the

treaty.

194

The vast majority of African Union member

states are parties to the African instruments,

195

and 13 of

the 16 members of the Arab League that retain the death

penalty are parties to the Arab Charter.

196

Until recently, international protections for prisoners—

and states’ corresponding obligations—did not take into

account the unique forms of discrimination and stigma

experienced by women prisoners.

197

In 2010, however, the

United Nations Rules for the Treatment of Women

Prisoners and Non-Custodial Sanctions for Women

Offenders (“Bangkok Rules”) comprehensively

supplemented existing safeguards

198

for prisoners with

gender-specific measures.

199

International and regional instruments

focus on women’s roles as mothers and

caregivers, excluding women from

execution when they fill these roles.

The Bangkok Rules apply a gender lens to an extensive

range of issues, providing gender-sensitive guidance on

prison admission,

200

security and search procedures,

201

disciplinary procedures,

202

institutional personnel

training,

203

and prisoner supervision.

204

The Rules also

cover women prisoners’ access to general and female-

specific physical and mental health care,

205

training

opportunities,

206

and rehabilitation.

207

Recognizing the

detrimental impact of isolation on women, the Rules stress

the importance of women’s communication with family

and friends, and especially contact with their children.

208

The Rules also identify considerations for especially

vulnerable categories of women: women under arrest or

awaiting trial,

209

juvenile female prisoners,

210

foreign

nationals,

211

minorities and indigenous women,

212

pregnant women,

213

breastfeeding mothers,

214

and mothers

in prison with a child.

215

The 2015 revisions to the United Nations Standard

Minimum Rules for the Treatment of Prisoners (“Mandela

Rules”) further recognize women’s unique needs. The

Mandela Rules have provisions on separated housing,

216

supervision by female prison staff,

217

hygiene,

218

and

banning restraints during labor and childbirth.

219

The

Mandela Rules also prohibit visiting restrictions as a way

to discipline prisoners, particularly women prisoners.

220

While most international safeguards focus on conditions

of imprisonment, international norms further require states

to address the root causes of women’s incarceration,

which include poverty—caused by discrimination in

society, education, and employment—drug and alcohol

addiction, and myriad forms of gender-based violence.

221

The prevalence of physical and sexual violence as a cause

of women’s incarceration is well documented, and states

have an obligation under international law to prevent and

respond to gender-based violence that contributes to

women’s incarceration.

222

Additionally, states must identify and respond to

structural causes of violence against women, which

include intersecting forms of discrimination against

women.

223

The Convention on the Elimination of All

Forms of Discrimination Against Women (“CEDAW”)

prohibits such discrimination, and the CEDAW

Committee has found that placing women in detention

facilities that subject them to gender-based violence

constitutes a violation of their human rights.

224

Referencing the Bangkok Rules and Standard Minimum

Rules, the CEDAW Committee has correspondingly

found that detention facilities that fail to accommodate

women’s specific needs and vulnerabilities violate

CEDAW’s anti-discrimination provisions.

225

Violence

against women in detention—including abuse and sexual

harassment, inappropriate touching during searches, rape

and sexual coercion—can also rise to the level of torture

or cruel, inhuman or degrading treatment or punishment,

in contravention of the ICCPR and CAT.

226

That women’s needs in prison were ignored for so long

under international law is attributable to gender

discrimination and stereotypes of women in the criminal

justice system: “popular as a victim, forgotten as a

defendant.”

227

This ignorance is even more pernicious in

the case of women on death row, who remain largely

invisible as a specific category of rights bearers under

international law. The importance of implementing human

rights safeguards for women under sentence of death takes

on even greater importance during an era of de facto

moratoria, as women tend to remain on death row for

increasingly longer periods.

B. PRISON CONDITIONS FOR WOMEN IN PRISON

AND ON DEATH ROW

Despite attempts by the United Nations to set minimum

international standards for the treatment of prisoners,

detention conditions in most death penalty states are

woefully inadequate and in some cases life-threatening.

As noted above, it was not until 2010 that the U.N.

General Assembly adopted the Bangkok Rules, which

address the special needs of women prisoners. Women on

death row are not specifically mentioned under the

Bangkok Rules, however, and they face uniquely harsh

conditions that merit additional research. Information on

conditions of confinement for death row prisoners is

scarce, particularly as regards women prisoners.

Overcrowding and Living Conditions

Prison overcrowding is a global crisis in both women’s

and men’s detention facilities, leading to dangerously

unhygienic conditions. Overcrowding affects female death

row prisoners as well, particularly where they are

confined together with other convicted prisoners. In

Thailand, for example, where female death row inmates

are held with the general population, women take turns

sleeping on the bare floor.

228

The women spend about 14

hours per day in extremely crowded cells.

229

In India’s

Tihar Jail, which may be South Asia’s largest prison, the

women’s ward—which includes women on death row—

accommodates twice as many inmates than its official

capacity.

230

In Thailand, where female death row

inmates are held with the general

population, women take turns sleeping on

the bare floor.

Living conditions on death row are poor for death-

sentenced women who are detained with the general

female prison population. In Sri Lanka, female inmates

receive paper-thin beds to sleep on, and the temperatures

in the unventilated rooms reach dangerously high

levels.

231

If a female prisoner in Malawi needs to urinate

or defecate during the night, she must use a bucket, since

the toilets and showers are located outside the cells and

the inmates must stay in their cells at night.

232

Access to

clean or hot water, as well as to heating, is limited in

many countries. In Indonesia, water is restricted even

during the dry seasons, when prisons can become

extremely hot and humid.

233

Water in Zambia is also

restricted and toilets do not flush, causing severe hygiene

problems.

234

In some countries, women on death row are held in

shackles. In China, all death row inmates, including

women, are shackled at all times by their hands and

feet.

235

Meriam Ibrahim, sentenced to death in Sudan for

apostasy

236

in 2014, was shackled to heavy chains in

prison while eight months pregnant and caring for a young

child.

237

Cameroon also shackles its death row inmates, or

otherwise restricts their movement in prison.

238

In most death penalty states, female prisoners do not

receive enough food, whether or not they are on death

row. Aside from poor nutritional content, food served at

women’s prisons is often not adequate in calories. The

total budget for food in Indonesia is equal to US$1.20 per

inmate per day.

239

In practice, it means that no

accommodations can be made for inmates with dietary

restrictions, such as one diabetic prisoner.

240

In India,

regulations provide that men and women receive the same

amount of calories per day, but in practice, women receive

much less food than men. Moreover, food of a higher

caloric value is available for men who undertake “heavy”

work, but women are not allowed to do such work and

cannot therefore access higher quality food.

241

Separation from Men and Other Categories of

Prisoners

In conformity with international norms, men and women

prisoners are detained in different prisons or in separate

sections of prisons in almost every country in the

world.

242

There are reportedly very few exceptions.

Whether death-sentenced women are held separately from

other female prisoners varies. In China, where death row

inmates are shackled at all times, minors are in the same

cells as adults, and minors reportedly often help death row

inmates eat.

243

Some countries, such as Zambia and

Jordan, separate death row inmates from other women

only during sleeping hours.

244

Others, such as Malawi,

Pakistan and Tanzania, keep all women together at all

times. In Uganda, condemned women wear separate

uniforms,

245

whereas in India, at least two female death

row inmates are housed in each cell where they are forced

to spend most of their days and nights.

246

In China, where death row inmates are

shackled at all times, minors are in the

same cells as adults, and minors reportedly

often help death row inmates eat.

Women on death row are also sometimes subjected to

solitary confinement, either for disciplinary reasons or as

a long-term arrangement. This practice may violate

international human rights law. We found reports of

solitary confinement for women on death row in China,

247

Indonesia,

248

Jordan,

249

India,

250

and the United States.

251

Access to Medical Care

Medical care for female death row prisoners is universally

inadequate and well below international standards. While

health care for male prisoners is also substandard, women

prisoners have particular health needs that are often

ignored.

With respect to general medical care, women on death

row, like all incarcerated women, sometimes face more

obstacles accessing quality treatment than men. In India,

men’s facilities include inpatient treatment, mental and

physical healthcare facilities, prescription dispensaries,

and a recovery room, whereas women’s facilities consist

of only a small clinic. Without adequate healthcare in

prison, “women have to be escorted to the hospital in a

special ambulance and with prison guards” even for minor

forms of treatment. This “makes them reliant on the

prison officials for accessing basic healthcare, and is

likely to act as a potential barrier to healthcare.”

252

Indonesia, health clinics in women’s prisons are basic and

are not always staffed with doctors, unlike infirmaries in

men’s prisons. Women must endure secure transport to

hospitals for even minor treatment.

253

A study conducted

in the United States revealed that women prisoners were

systematically subjected to mistreatment and denied

access to medical and other services normally available to

their male counterparts.

254

In Sierra Leone, one of the

three women on death row suffers from mental illness, but

has never received psychiatric treatment.

255

Medical care for female death row

prisoners is universally inadequate and

well below international standards.

Access to women’s health services is even more

problematic. In Japan, female prisoners rarely receive

obstetric care.

256

In Thailand and Myanmar, inmates have

reportedly given birth alone in prison.

257

Women in some

other countries fare better: in Jordan, a gynecologist

reportedly visits the women’s prisons regularly.

258

Pakistan, women receive gynecological exams.

259

Prisons

in Malawi

260

and Nigeria

261

take pregnant inmates to a

nearby hospital for delivery and antenatal care.

In many countries, it is challenging or impossible for

women to access sanitary pads or other menstruation

products. In Indonesia, female prisoners must buy pads

from the prison commissary store, but these are of poor

quality and often lead to discomfort or complications.

262

Jordanian prisoners are given a monthly allowance of 20

Jordanian dinars (equivalent to about US$28), and use this

money to buy sanitary pads and other hygiene products

for themselves. This amount is reportedly insufficient for

all the supplies the inmates must purchase.

263

In other

countries, women must make do with alternatives such as

newspapers, tissues and pieces of blankets or prison

uniforms.

264

Similarly, female inmates in Zambia use and

wash pieces of cloth, often with inadequate or no

detergent,

265

since the prison does not supply soap.

266

In many countries, it is challenging or

impossible for women to access sanitary

pads or other menstruation products.

Violence

International standards require that women prisoners

remain under the authority of female prison staff and that

prisons must take precautions in protecting female

inmates from gender-based violence. In conformity with

the Bangkok Rules, prison staff in women’s prisons is

most often female,

267

but many male professionals, such

as doctors, do enter women’s prisons regularly.

268

Nevertheless, female prisoners are exposed to a risk of

violence. Research on this issue is clouded by incomplete

or erroneous information, arising from challenges in

reporting violence, as well as institutional indifference or

negligence. The data we have gathered shows tremendous

variation between prisons, some of which appear to be

free of violence, while others are characterized by

systemic abuse. In China, women prisoners (like their

male counterparts) suffer at the hands of “cell trustees”

who control their cellmates through abusive means,

sometimes leading to deaths.

269

In the few countries where male guards are allowed to

work in female prisons, relationships—consensual or

forced—may form between male guards and female

inmates. There are reportedly “transactional relationships”

between some male guards and female inmates in

Tanzania, whereby inmates receive protection and food in

exchange for sex.

270

In some cases, the violation of

women’s bodies is a weapon in the state’s arsenal of

repression. Investigations into female political prisoners in

Iran in the 1980s revealed cases in which young women

endured state-sanctioned rape prior to their executions.

271

Restrictions on Contact with Family

In many death penalty countries, women are the primary

caregivers of children and elderly family members. As

such, restrictions on visitation can be devastating for

women prisoners as well as their dependent family

members. Moreover, the social stigma associated with

women who are convicted and imprisoned, paired in some

cases with restrictive family and child visitation rules,

means that many female death row inmates around the

world suffer an enduring lack of family contact,

contributing to the high levels of depression suffered by

women prisoners.

Physical restrictions placed upon visits vary. Some

prisons are geographically isolated or located far from the

prisoner’s community, making it expensive and arduous

for families to visit.

272

Others, such as prisons in Nigeria

or in the United States, maintain strict visitation policies,

such as specific days and times that visitors are allowed,

increasing the difficulty of planning visits.

273

Many

countries we studied allow contact visits; that is, visits

where inmates can physically touch their family members

and are not separated by a barrier such as glass, bars, or

other partition. There are exceptions, however: some U.S.

states deny condemned women all contact visits.

274

In some countries, the visitation rights of death row

inmates are even more limited than those of the general

prison population. Nigeria’s prison guards stand watch

over visitations between families and death row inmates;

it is unclear whether this practice is true for legal visits as

well.

275

Similarly, in Japan, guards take notes on

conversations between death row inmates and their family

members.

276

In those countries that do allow visitation,

restricting or withholding visitation is sometimes used by

the guards to punish death row inmates.

277

Many death penalty countries allow female prisoners to

bring their young children to prison to live with them, but

only infrequently are children detained on death row. In

India, a female death row prisoner currently sentenced to

death gave birth in prison and her son stayed with her

until he reached age seven, at which point prison

regulations mandated that he leave. As the inmate had no

family willing to raise him, he was placed with a foster

family and suffers greatly from the separation and

adjustment to life outside prison.

278

Work, Education, and Religion

Many women’s prisons around the world implement work

and education programs that offer inmates stability,

routine, and a sense of accomplishment.

279

Women under

sentence of death in Indonesia may take part in cooking

and cleaning courses,

280

and in Malawi they may

participate in weaving, gardening, and chores.

281

In other

states, however, these programs are restricted to those

who may eventually be released. For instance, the general

female prison population in Thailand has access to work

programs, but death row inmates do not. Death row

inmates who cannot work are more susceptible to

depression as they have less to take part in and form fewer

meaningful relationships with other female inmates.

282

one woman in Ghana explained, after being denied

educational opportunities while on death row: “I don’t do

anything. I sweep and I wait.”

283

As one woman in Ghana explained, after

being denied educational opportunities

while on death row: “I don’t do anything. I

sweep and I wait.”

Nevertheless, in nearly every country studied, women in

prison have found ways to keep themselves busy despite

lack of resources and restrictive environments. Luzira

Prison in Uganda offers a remarkable case study. Death

row inmates who were confined for years awaiting

appeals fought for the same educational opportunities as

their male counterparts. After some persuasion, the prison

director launched activities for women inmates, including

those under sentence of death.

284

Prisoners take part in arts

and crafts, sports, school, singing, and even a

breakdancing club.

285

To those who have visited the

prison, “it feels normal.” Inmates do not act out; in fact,

death row inmates walk the halls with limited security.

286

VII. Country Case Studies

The countries profiled in the following section span many

geographic regions and legal systems. Importantly, they

represent diverse cultural, religious, and political contexts,

and differing levels of resources. Many similar themes

emerge across all regions, including women prisoners’

experiences of poverty, trauma and gender-based

violence, gender stereotyping at trial, lack of access to

quality legal representation, and inhumane prison

conditions.

We wish to emphasize that these countries are not unique.

The countries were chosen not because their legal systems

are uniquely flawed or because they treat women in

conflict with the law better or worse than other countries.

Instead, these profiles collate the rich primary research

gathered by our expert in-country partners. As the

research was driven by our partners’ investigations, some

topics emerge with varying depth and prominence. This

should not be understood to mean that the outlined issues

are the most unique or most central concerns in that

country, or that these issues do not occur in other

countries profiled or not included in the report. Many

other countries would benefit from similar study.

Accurate data on the demographics and issues of women

on death row is essential to augment our understanding of

the problems of women facing the death penalty around

the world.

India

Twelve women were on death row in India as of June

2018,

287

about 3% of the total death row population.

288

India carries out few executions, but there are hundreds of

prisoners under sentence of death. In the last ten years, the

country has executed three individuals, all of them for

terrorism-related offenses.

289

Female executions have not

been recorded for many years. The last man was executed

in July 2015, when Yakub Memon was hanged for

financing the 1993 Mumbai bombings.

290

As of August

2018, there were 406 prisoners on death row.

291

In 2017,

courts handed down 107 new capital sentences,

292

but

only 4.9% of death sentences issued by trial courts receive

final confirmation by the highest court,

293

which restricts

the application of capital punishment to the “rarest of

rare” cases.

294

A wide range of offenses are punishable by

death, including murder, kidnapping with murder, armed

robbery with murder, sexual offences, and terror offenses.

In practice, however, the majority of death sentences are

imposed for murder.

295

In recent years, India has

expanded the scope of the death penalty by adopting new

capital laws for hijacking resulting in death

296

and

aggravated rape.

297

One troubling aspect of the crimes for

which women are sentenced to death in

India is their relationship with restrictive

marriage customs.

Four of the 12 women on death row were convicted of

murdering a member of their immediate or extended

family.

298

One woman was sentenced to death for

terrorism,

299

two for child kidnapping and murder,

300

and

two for sacrificial killings.

301

All but two of the women on

death row acted with at least one co-conspirator.

302

Eight

of the 12 women were charged with multiple murders.

303

One troubling aspect of the crimes for which women are

sentenced to death in India is their relationship with

restrictive marriage customs. Although officially banned,

the caste system

304

and its attendant marriage rules formed

the background of at least three of the killings for which

women received a death sentence.

305

India is one of the rare death penalty countries where

courts have in some cases recognized “sustained

provocation” as a defense to murder, upholding women’s

right to self-defense when they murder an abusive

relative.

306

For instance, in Champa Rani Mondal v. State

of West Bengal, the Supreme Court acquitted a woman

who had killed her brother-in-law when he tried to rape

her.

307

The High Court of Delhi acquitted a woman who

had killed a man who attempted to molest her daughter.

308

Nevertheless, India does not have formal sentencing

guidelines for battered women. Thus, women’s histories

of abuse are considered on a case-by-case basis and are

subject to the judge’s discretion.

309

The Prisons Act of 1894 states that death row prisoners

must be kept apart from other prisoners,

310

but only when

all appeals are exhausted and their sentences are

confirmed.

311

Men and women are held separately in

Indian prisons. As of November 2017, several women on

death row in India were living with the general population

of female prisoners.

312

The conditions in the women’s

wards appear notably different from the men’s. Male

wards are generally larger and greener as compared to the

“muted,” “contained,” and “restrictive” female

facilities.

313

In some prisons, a single room serves as the

female ward.

314

Women’s prison cells are unsanitary,

sometimes swarming with rats.

315

Infrastructure in female

prisons is poorer. While some men’s wards have

hospitals, including operating rooms, women’s wards

have, at best, small clinics.

316

Without adequate healthcare

facilities in prison, women have to be assessed and

transported to the hospital by prison guards.

317

In addition,

female prisoners do not have access to libraries or to

sports. Thus, unlike their male counterparts, female

prisoners must rely upon prison wardens to retrieve books,

and have fewer options for physical exercise.

318

Gendered assumptions underlie the operation of female

prison wards, which also house death-sentenced women.

While male wards offer physical labor and work options,

including factory work to earn money, women are

restricted to embroidery and tailoring.

319

Death row

prisoners, regardless of gender, are not allowed to

work.

320

In practice, however, the ability to work while on

death row varies across prisons.

321

While two female

death row prisoners have reportedly been allowed to do

prison work—such as cleaning and gardening—others

have limited options.

322

Moreover, the 2016 Model Prison

Manual imposes numerous daily restrictions on women to

force them to conform with traditional expectations

concerning their appearance.

323

All female prisoners are

obligated to wear a saree, traditional Indian attire for

women. Finally, although men and women theoretically

receive the same amount of food, in practice women

receive less.

324

CASE STUDY: TRISHA

Their marriage was forbidden. Twenty-four-year-old

Trisha

325

had earned two master’s degrees and Kamal was

a twenty-six-year-old uneducated carpenter. Trisha and

Kamal not only belonged to different socioeconomic

classes but also to different castes. They knew that

creating a life together was impossible.

When Trisha’s family found out about the young lovers’

secret affair, they opposed it. Months later, when several

members of Trisha’s family were found dead in their

home, Trisha and Kamal were arrested for the killing.

Two prosecution witnesses, including the father of

Trisha’s deceased sister-in-law and Trisha’s cousin,

testified at trial that Trisha was beaten by her father, who

opposed her marriage with Kamal. Trisha’s father had

also confiscated her mobile phone and disconnected the

house phone to prevent their relationship.

326

During a medical examination conducted at arrest, Trisha

learned that she was eight weeks pregnant with Kamal’s

child. Their son, Jai, was born in prison while Trisha

awaited trial. In 2010, Trisha and Kamal were convicted

of murder and sentenced to death by hanging. Trisha has

always asserted her innocence. At trial, despite their

opposing defenses, Trisha and Kamal were represented by

the same state-appointed lawyer. This conflict of interest

jeopardized the fairness of their trial. Amplifying these

fair trial concerns, the defendants shared a lawyer on

appeal all the way to the Supreme Court of India, which

confirmed their death sentences in 2015. The Supreme

Court commented on the fact that Trisha, a daughter, who

is traditionally supposed to “bear the burden of being the

caregiver[s] for her parents, even more than a son,”

327

had

instead killed seven members of her family. The Court

stated, “[the daughter] is a caregiver and a supporter, a

gentle hand and a responsible voice, an embodiment of

cherished values of our society and in whom a parent

places blind faith and trust.”

328

Trisha’s son spent his first six years of life in prison with

his mother. Jai grew up in an overcrowded, dirty cell with

no access to healthy food, clean water, health services, or

any schooling. Trisha taught her child herself, as best as

she could. She also tutored other prisoners. After Jai

turned seven, prison authorities took him away from his

mother and placed him into foster care. Today, Jai

continues to bear the marks of the deprivation of his early

years. He shows signs of trauma and has struggled to

catch up in school. After surrendering her child, Trisha

fell into a deep depression.

Prison authorities filed a one-page mercy petition on

behalf of Trisha, without informing her lawyers. Trisha

was unable to consult with her lawyers and was not

provided with legal assistance before filing the petition.

Mercy was denied.

Indonesia

Women represent a small fraction of death row prisoners

in Indonesia. As of September 2017, there were nine

women on death row whose sentences had been

finalized,

329

amounting to roughly 6% of all death row

prisoners with finalized sentences. Many of their cases are

characterized by coercive relationships with men, often

intimate partners, who are sometimes, but not always,

prosecuted.

330

Most of these women were convicted

together with male co-defendants.

331

Indonesia is one of a small number of states worldwide

that continues to hand down death sentences and carry out

executions. It was one of only 23 states that executed in

2016.

332

Although no executions were recorded in 2017,

Indonesian courts handed down at least 47 new death

sentences.

333

A wide range of crimes are death-eligible in

Indonesia, including murder,

334

robbery,

335

drug-related

offenses,

336

economic crimes,

337

and terrorism-related

offenses;

338

nevertheless, most death sentences are

imposed for murder and drug offenses.

339

From 2008 to

2013, the country observed an unofficial moratorium on

executions, which ended on March 14, 2013, with the

execution of a Malawian national convicted of drug

trafficking.

340

Since 2013, Indonesia has executed 23

people by firing squad, two of whom were women.

341

The

election of President Joko “Jokowi” Widodo seems to

have spurred the upsurge of executions after he repeatedly

called for a harsh crackdown on drug dealers and other

offenders.

342

Most recently, in July 2016, Indonesia

executed four people, all of whom were convicted of

drug-related offenses, and three of whom were African

nationals.

343

By the end of 2017, at least 262 people were

on death row in Indonesia.

344

Six of nine women on death row in Indonesia were

convicted of non-violent drug trafficking offenses.

345

Three of the six were drug mules who were tricked or

coerced into smuggling drugs and two more were arrested

with their husbands and denied any involvement in their

partners’ drug dealing.

346

The remaining three women on

death row were sentenced for murder. One of them, who

was 17 years old at the time of the offense, was sentenced

to death despite testifying that she acted under death

threats from her husband. Though Indonesian law

generally prohibits the imposition of capital punishment

on juveniles, the court treated her as an adult because she

was married.

347

She stated clearly during criminal

proceeding that she repeatedly rejected her husband’s

order to murder a child.

348

In general, the Indonesian

criminal justice system fails to take into consideration

gender violence and other mitigating evidence to

effectively deal with issues of relative culpability, duress,

and intent.

Six of nine women on death row in

Indonesia were convicted of non-violent

drug trafficking offenses.

349

Women under sentence of death are held together with

other female prisoners and suffer from the acute

overcrowding in women’s prisons. In Medan Women’s

Prison, for instance, 30 inmates live together in a single

five-by-six meter cell. In the dry season, cells are

overheated and humid, and the plumbing often breaks

down, exacerbating the consequences of inadequate

hygiene. There is only one toilet per cell. Women who

break prison rules, such as the ban on smoking or phones,

are punished with solitary confinement. Death-sentenced

women reportedly receive the same treatment as other

female inmates. The prisoners sometimes have access to a

common room with a television, and they can participate

in religious activities or vocational courses (such as

cooking or painting), which are offered by outside

charities. Each prison has a health clinic, but facilities are

basic, and they are not always staffed. One woman on

death row suffers from diabetes; she reports that the

prison refuses to provide her with appropriate food for her

condition, and she lacks the means to buy her own food.

Most of the prisoners do not receive any mental health

services.

350

CASE STUDY: ERIKA

Erika

351

was sentenced to death for killing her eight-year-

old daughter. Her male co-accused, Susilo,

352

was a friend

of her brother-in-law. The court found that the Erika and

Susilo had been having an adulterous affair, and that

Susilo had raped Erika’s young daughter twice in the days

preceding the crime. According to the judgment, Erika

and Susilo, angered by the child’s refusal to bring them

water from a well, conspired to kill the girl.

After meeting with Erika in the prison where she is

detained today, LBH Masyarakat, an Indonesian non-

governmental organization providing legal services to

death-sentenced prisoners, uncovered facts that point to a

very different series of events. As a mother to six

children, Erika worked hard to provide for her family by

farming and fishing. After her husband found a job in a

neighboring province, she was left to support her children

largely on her own. One day, after her husband’s

departure, when Erika was alone, Susilo found her in her

home and raped her. Some time later, she returned from

working in the rice fields to find that Susilo had stabbed

her daughter to death.

Because Susilo had entered Erika’s home while her

husband was at work, media articles seized on the

narrative of a cheating mother who allowed her lover to

rape her child and ultimately helped him kill her over a

minor act of disobedience. During the trial, the alleged

affair was a key part of the prosecution’s narrative.

Erika never had a chance to present this exculpatory

evidence to the court because she was denied proper legal

representation. The court did not hear that she was absent

from the scene of the crime, nor did it learn that Susilo

had previously raped her. The stigma associated with

Erika’s alleged offense is so strong that in all the years she

has spent in prison (since 2006) Erika has not received a

single family visit, nor has she received any financial

support.

353

Jordan

There were 16 women on death row in Jordan as of June

2018,

354

representing around 13% of the approximately

120 death row inmates.

355

Jordan halted executions

entirely from 2006 to 2013, but then resumed hangings in

2014 in response to rising homicide rates.

356

Jordan’s

recent upsurge in executions has also coincided with

increased terrorist activity in the country. Since 2014,

Jordan has hanged 28 people, many of them for terrorism

offenses.

357

One of these was a woman, Sajida Al-

Rishawi, who was sentenced to death for her involvement

in a terrorist attack in Amman in 2005 and was executed

in 2015, in apparent retaliation by the Jordanian state for

the burning of a Jordanian pilot by ISIS.

358

In March

2017, 15 people were executed on the same day, ten of

whom had been convicted of terrorism-related crimes.

359

While a number of capital offenses are punishable by

death in Jordan including murder, aggravated robbery,

terrorism offenses, drug trafficking, treason, and

espionage,

360

most death row inmates have been convicted

of murder and terrorism offenses.

361

There are striking similarities between the cases of

women on death row in Jordan. Almost all of them were

convicted of killing family members who in traditional

families would be expected to wield considerable

authority over them, creating the potential for abuse. All

but two of the 16 women on death row received a death

sentence for killing their husband or fiancé (nine cases),

mother-in-law or stepmother (three cases), or father (two

cases).

362

While we have incomplete information for most

of these cases, we were able to confirm that at least four

of these women killed their husband or father following

long-term abuse.

363

A recent addition to death row is a

domestic worker from Bangladesh, who received a death

sentence in October 2017 for killing her employers.

364

While we know little about her case, these facts recall the

pattern of female migrant domestic workers sentenced to

death in other Middle Eastern countries, who suffer from

intersecting forms of oppression based on class, foreign

nationality, precarious immigration status, and gender.

365

All of the women under sentence of death come from poor

families, and around half of them received only a primary

education.

366

Almost all women on death row were

convicted of killing family members who in

traditional families would be expected to

wield considerable authority over them,

creating the potential for abuse.

Once arrested, women face discrimination in judicial

proceedings. Almost all of the women on death row were

convicted of murdering a family member, a crime that

under the Jordanian Penal Code can result in a reduced

sentence if the offender was “defending the family

honor.”

367

While the law makes no distinction on the basis

of gender, in practice this sentence reduction is only

extended to male defendants.

368

Additionally, if the

defendant committed the offense in a “fit of fury,” the

sentence for premeditated murder can be reduced from the

death penalty to as little as one year’s imprisonment.

369

practice, however, courts only apply this mitigating factor

to men. Advocates on the ground explain that judges are

hard pressed to accept the reality that women lose their

tempers and are capable of acts of violence that

contravene gender norms.

370

Moreover, in conservative

milieus men control the family’s financial resources and

women cannot generally gain independent access to them.

Because of the stigma associated with capital offenses,

particularly in cases where the victim is also a member of

the family, women’s families often withhold financial

assistance. This exacerbates women’s difficulties in

obtaining effective legal representation.

371

Critically for death penalty cases, Jordan’s tribal

reconciliation mechanisms operate with gender bias.

Prisoners sentenced to death for murder receive a reprieve

if the victim’s family grants them forgiveness, generally

in exchange for payment. Tribal leadership is more often

willing to negotiate, and disposed to mobilize more funds,

to secure a pardon for male members sentenced to

death.

372

In 2014, when Jordan resumed executions, the

relatives of many death row defendants pushed their tribes

to reconcile with the victims’ families to avoid executions.

This led to the commutation of 44 death sentences

imposed on men. During the same period, not a single

woman benefitted from a family-backed pardon.

373

Despite recent measures aimed at improving conditions of

incarceration, prisons in Jordan still face significant

challenges due to overcrowding, lack of medical and

health care services, and poor sanitary conditions.

374

Women prisoners are no exception, although conditions

for women, who are detained separately, are generally

better than those for men.

375

Women under sentence of

death sleep in a separate area within women’s prisons, but

they mingle with the rest of the female prison population

during the day.

376

Due to social stigma surrounding their

criminal convictions, women on death row rarely receive

visits from their families, and these visits are limited to

15–30 minutes.

377

This limits their contact with the

outside,

378

including with their children,

379

with

devastating consequences for both. Moreover, since

executions resumed in 2014, a prison psychologist has

found that women on death row manifest increased

frustration and depression, and a “lack of attachment to

life.”

380

CASE STUDY: JANA AND REMAS

Jana and Remas,

381

a mother and daughter, were convicted

and sentenced to death in 2014 for the murder of Omar,

Jana’s husband and Remas’s father. The trial court’s

verdict cast Jana into the stereotypical role of a jealous

wife and manipulative mother, setting aside evidence that

the deceased had sexually assaulted his daughter. Ahmad,

son and brother to Jana and Remas, was convicted

together with the other defendants but was spared a death

sentence in light of his juvenility at the time of the

offense.

According to the trial court’s judgment, Jana grew

resentful of her husband after he took a second wife. The

court wrote that “grudge and hatred began to grow in her

heart,” and seven months after the second wedding, she

“used her children” to carry out the murder after

convincing them of the necessity of killing their father.

Although Jana did not strike any blows, the court found

her complicit in the killing and sentenced her to death

together with her daughter Remas. In adopting this

narrative of marital strife and revenge, the court relied

primarily on a written statement from the elderly mother

of the deceased, Jana’s mother-in-law, who lived in the

same building as her son. This key witness did not appear

at trial and the defense never had an opportunity to cross-

examine her or to challenge her recollection of events.

Meanwhile, the court discounted statements from all three

defendants that the deceased had sexually assaulted his

daughter Remas. Two other witnesses testified that Jana

had confided in them about the sexual assaults prior to the

offense. Nevertheless, the court concluded that the

defendants had fabricated this allegation in order to

protect themselves from the consequences of their crime.

The court also appears to have rejected the police’s

forensic analysis of the alleged murder weapons, which

did not match the prosecution’s theory.

In the absence of any material evidence, the court’s

acceptance of the jealous wife motive over the abusive

father testimony draws upon stock narratives about how

women and men relate to each other in marriage, how

much influence mothers wield over their children, and the

unreliability of claims of sexual assault. Given that almost

all death-sentenced women in Jordan were convicted of

killing intimate partners or their family members, the

gendered and hierarchical nature of these assumptions is

cause for concern.

Malawi

Until fairly recently, there were four women condemned

to death in Malawi, comprising approximately 15% of all

death row prisoners.

382

No persons have been executed

since 1994,

383

making it a de facto abolitionist state.

Nevertheless, Malawi courts continue to issue death

sentences.

384

At present, there are 15 persons on death

row, with the most recent death sentence issued in

2016.

385

All women on death row had experienced

multiple forms of gender-based oppression

and some form of mental illness or trauma.

All women previously on death row were sentenced to

death for the murder of family members: two for the

murder of their husbands, one for the murder of her two

children, and one for the murder of her grandchild.

386

These four women had each experienced multiple forms

of gender-based oppression and some form of mental

illness or trauma. They were victims of domestic violence

and emotional abuse by their partners or close family

members. Further, they were indigent, meaning that they

were unable to afford private counsel to represent them at

trial. Three of the four women had never attended school

and one had only attended primary school. Two of them

were illiterate.

387

Women in conflict with the law face particular challenges

obtaining access to justice and adequate legal

representation.

388

Because many are illiterate, they are

unable to understand or respond to legal filings without

assistance.

389

Women in Malawi are less likely to receive

primary or secondary education than men as a result of

harmful stereotypes. Whereas boys are encouraged to

complete their education before marriage, girls are

sometimes coerced into child marriage as a solution to

poverty.

390

Poverty, which affects women more often than

men, further exacerbates women’s ability to receive a fair

trial: women must secure one of the country’s handful of

legal aid attorneys to prepare their defense.

391

Malawi’s recent experience with capital resentencing

hearings highlighted the critical role played by defense

lawyers in helping courts understand the gendered

experiences of female capital defendants. Over a decade

ago, in May 2007, the High Court found the mandatory

death penalty unconstitutional,

392

granting judges the

discretion to apply the death penalty in the case of murder

only after consideration of “the manner in which the

murder was committed, the means used to commit the

offence, the personal circumstance of the victim, the

personal circumstances of the accused and what might

have motivated the commission of the crime.”

393

The

Penal Code was updated to reflect this change in 2011.

394

All four women who had been sentenced to death received

individualized sentencing hearings, in which for the first

time lawyers presented to the court evidence of their

indigence, history of abuse, mental illness, rehabilitation,

and other mitigating factors. None of the women were

resentenced to death or to life in prison.

395

In the women’s section of Zomba prison, where death row

inmates are housed, there is little privacy. Small,

windowless cement cells host two to six women at a time,

along with their young children up to four years of age.

396

The only ventilation for the closed space is a small hole at

the top of the cell door, leading into the hallway. The

women sleep with thin mattresses on the floor in the

evenings, typically covering the entire floor space. There

is a system of electric lights, but frequent power outages

prevent regular use. Toilets and showers are located

outside the cells; and though the facilities have cement

walls, there is no roof, leaving the prisoners exposed to

the elements.

397

As women are not permitted to leave their

cells from 5 p.m. to 5 a.m., they must share a bucket to

relieve themselves during these hours.

Because of overcrowding, women on death row are

housed with the general prison population. In general,

they receive the same treatment as the other women, with

the sole exception of their ineligibility for work release

programs. Visits from advocates and family members,

attending religious services, and daily socialization among

prisoners are all permitted. Physical and mental healthcare

is available, but is of low quality. For more complicated

cases, women are taken to hospitals or facilities outside of

the prison if possible.

398

CASE STUDY: ALICE NUNGU

Alice Nungu, a 60-year-old mother of three, was

condemned to death for the killing of her husband Donald

Phiri in 2003. Alice was a survivor of brutal and

systematic domestic violence. Throughout their marriage,

Phiri would come home drunk every evening and beat her

in front of their children. Though Alice brought the

attacks to the attention of community leaders, they did

nothing to assist, and the abuse continued. Her husband

also infected her with HIV.

399

One evening, Phiri returned home heavily intoxicated,

knocked the bedroom door off its hinges and started to hit

Alice as she slept next to her mother. Once she woke, he

continued to scream and strike her— and grabbed an axe.

Fearing for herself and her mother, Alice wrenched the

axe away from him and struck him on the head.

400

He later

died of his injuries.

Alice reported the incident to the local police and

explained the events that had led to her husband’s death.

They charged her with murder. Her lawyer never visited

her in prison. In November 2003, she was sentenced to

death. Her attorney failed to argue that she had acted in

self-defense, which should have absolved her of any

culpability.

401

Moreover, her lawyer never presented

evidence that her husband had savagely abused her for

years preceding the attack. She never had a chance to

appeal her sentence, as the state failed to assign her an

appellate lawyer. Instead, she remained imprisoned for the

next 12 years. Her health slowly worsened without

appropriate treatment for her HIV infection. While in

prison, she contracted malaria and pneumonia. By 2010,

she was emaciated and weak.

402

In April 2015, the High Court of Malawi ordered Alice’s

immediate release after lawyers assisted by the Cornell

Center on the Death Penalty Worldwide presented

evidence of her ill health and history of gender-based

violence. Alice died within weeks of her release, with her

mother by her side.

Pakistan

There are currently 33 women on death row in Pakistan,

representing less than 1% of all death row inmates.

403

2014, Pakistan lifted its seven-year moratorium on

executions in response to a militant attack that left 132

schoolchildren dead in Peshawar.

404

Since then, Pakistan

has executed 494 people; approximately 5,000 death-

sentenced prisoners await execution.

405

Although there are

over 20 crimes for which the death penalty can be

imposed, including non-lethal crimes such as blasphemy,

kidnapping, and drug offenses,

406

women most commonly

receive the death penalty for murder, terrorism, and drug

trafficking.

407

Women who are members of religious

minorities have also been the target of blasphemy

prosecutions.

408

Female inmates on death row are often from lower socio-

economic classes, unable to pay for private representation,

and mostly illiterate, hindering their ability to advocate on

their own behalf.

409

While capital defendants are entitled

to counsel, the quality of representation can be poor

because legal aid lawyers lack training and shoulder

heavy workloads. Advocates believe that greater public

investment in indigent public defense services would

likely decrease the number of women on death row.

410

Death sentences imposed on women are often reduced on

appeal,

411

but women can wait years before their appeals

are finalized and decided because of a significant backlog

in the courts.

412

The ages of the 33 women on death row

range from 18 to 45. They are detained throughout 12

different prisons in Pakistan.

413

Female inmates on death row are often

from lower socio-economic classes, unable

to pay for private representation, and

mostly illiterate, hindering their ability to

advocate on their own behalf.

Gender bias affects the treatment of women facing capital

punishment in various ways. When police investigate the

killings of married men, they often consider wives prime

suspects even in the absence of reliable evidence.

414

Once

in police custody, women are vulnerable to mistreatment,

including physical, sexual, and psychological torture.

415

Justice Project Pakistan currently represents a woman who

was brutally tortured and then coerced in police custody to

provide a false confession, which formed the basis for her

conviction. She now faces execution.

416

Furthermore,

despite the prevalence of domestic violence, courts do not

consider the realities of intimate partner violence in

mitigating the culpability of female defendants who are

survivors of domestic abuse.

417

Women’s status as caregivers may be considered by

courts receiving bail applications. Justice Project Pakistan

has documented at least two cases in which the High

Courts released a capital defendant on bail on the grounds

that she was a mother with young children.

418

Once in prison, women in death row are housed with the

general female inmate population. Conditions of

incarceration for women are, in some respects, better than

in men’s prisons. Experts attribute this difference not to

government action, but rather to women’s housing units

being less crowded and often benefiting from support and

oversight from non-governmental organizations. Female

inmates have access to filtered water and better food than

men. Up to four inmates share a cell and toilet, affording

little privacy.

419

Women have access to medical care on

site, or may be transported offsite to a hospital if

necessary.

420

Gynecological assessments are now

mandatory.

421

Mental health care, however, is deficient.

Incarcerated women are neither screened upon intake, nor

provided with treatment during the course of their

incarceration. In one case, an inmate was only able to get

psychiatric treatment after an external organization

intervened.

422

Like all women prisoners, death-sentenced mothers may

bring their young children into the prison with them. In

the past, at least one woman gave birth and raised her

infant on death row.

423

Children receive medical care

inside but no educational opportunities. Children may not

remain with their mothers after they turn seven, at which

time imprisoned mothers lose their children to family

outside or foster care.

424

Most women on death row report

receiving regular family visits.

425

CASE STUDY: KANIZAN BIBI

Kanizan Bibi has been on death row since 1989, when she

was only 16-years-old. She has spent the last decade in a

psychiatric hospital. In recent years, her health has

deteriorated so significantly that her family no longer

recognizes her. She cannot care for herself in the most

basic ways. She has lost all awareness of her

surroundings. Her family and hospital staff confirm that

she has not spoken a word since her admission.

426

Although she is formally diagnosed with paranoid

schizophrenia,

427

she manifests signs of mental disorder

that go far beyond this single diagnosis.

Kanizan comes from a poor family of tenant farmers. She

started working in her early teenage years as a nanny in

wealthier households. In 1991, Kanizan was convicted

and sentenced to death for killing her pregnant employer

and her young children. But Kanizan maintains her

innocence. At the time of her arrest, she was working for

the family as a nanny.

428

Her co-defendant, Khan

Muhammad, was the husband and father to the victims.

He was also convicted and sentenced to death, and was

executed in 2003. The press reported that Kanizan and

Muhammad were lovers who together conspired to kill the

family,

429

but this account is disputed by Kanizan and her

family.

After she was arrested, Kanizan spent 11 grueling days in

police custody.

430

Villagers reported hearing cries and

screams while she was being questioned in the police

station.

431

She was suspended from a fan by a rope and

beaten. Police let mice loose in her pants. She was

repeatedly electrocuted.

432

She was hospitalized for her

injuries, only to be discharged to prison.

433

Kanizan was

unable to hire private counsel to defend her against the

murder charges.

The central piece of evidence against Kanizan was her

confession. Her statement was challenged in court as the

product of torture, but to no avail. Since her incarceration,

she has also been evaluated by medical examiners who

have found her twice unfit to be executed, as recently as

2015. Yet she remains incarcerated; her conviction and

her sentence still stand. Indeed, her plea for clemency was

also rejected by the President of Pakistan. Kanizan’s case

starkly illustrates how poverty, gender bias, state-

sponsored torture, and mental illness interact in shaping

the realities of women on death row.

United States of America

As of October 1, 2017, 54 women were on death row in

the United States, accounting for just under 2% of the

approximately 2,800 prisoners on death row across the

United States.

434

In 2017, the United States was ranked as

the eighth-highest global executioner with 23 executions,

trailing China and six Middle Eastern countries.

435

It was

the only country to carry out executions in the

Americas.

436

Since the reinstatement of the death penalty

in the U.S. in 1976, 35 states have carried out at least one

execution for a total of close to 1,500 executions.

437

this number, 16 have been female death row inmates—

amounting to roughly 1% of all executions.

438

Six of the

16 women were executed in Texas from 1998–2014.

439

All three of Oklahoma’s executions of women took place

during 2001.

440

Georgia carried out the most recent

execution of a woman on September 30, 2015, when

Kelly Gissendaner was put to death by lethal injection.

441

California has the largest overall death row and the largest

female death row in the U.S. It has not executed anyone

since 2016, but since 1893 it has executed 513 people,

including four women. Out of roughly 700 death row

inmates in California,

442

22 are women.

443

Texas has the

second-largest female death row, with six inmates.

444

Taken together, southern states—including Texas,

Alabama, and Florida—house the majority of women on

death row.

445

Ten states have only one woman on death

row.

446

Although women represent a small fraction of all

inmates in the United States, women’s prison populations

have been the fastest-growing sector of the incarcerated

population since 1978.

447

Most of the women executed in the U.S. had a history of

sexual, physical, and/or child abuse.

448

All 16 women

came from a poor background and lacked access to

adequate legal representation.

449

Executions of women

have been confined to a small number of southern states

that tend to have the highest execution rates overall. Since

1976, only the southern states of North Carolina, Texas,

Florida, Arkansas, Oklahoma, Alabama, Virginia, and

Georgia have executed women.

450

In most death penalty cases, the

prosecution and the press underscored

that the female offender had stepped

outside of gender expectations.

All of the women executed in the U.S. were convicted of

murder, primarily of one or more persons close to the

defendant.

451

Nine out of 16 cases involved the murder of

an intimate partner; three cases involved the murder of a

child; and three cases the murder of a stranger, one of

whom was a police officer.

452

Nearly all of the victims

were male.

453

According to Mary Atwell, an expert on

women on death row in the U.S., women who kill male

victims tend to be perceived as a greater threat to the

social order because they were able to exert power over a

man.

454

In most cases, the prosecution and the press

underscored that the female offender had stepped outside

of gender expectations.

455

For instance, one woman

executed for killing her husband was seen as an unfaithful

wife who wanted to collect his husband’s life insurance.

456

Another woman, executed for murdering her husband and

son, was given the nickname of “black widow” by her

prosecutor.

457

In three cases, the defense lawyers were

seeking book deals. In fact, one lawyer, who later

confessed that he had no experience on capital defense,

provided his services in exchange for the profits of a book

about his client.

458

These lawyers’ eagerness to capitalize

on their clients’ plight casts doubt on the sincerity of their

motives, while highlighting the notoriety of women who

transgress gender norms.

Twelve of the 16 women executed in the United States

since 1976 were Caucasian, while four were African-

American.

459

Three of these four were convicted of killing

African-American victims. The remaining African-

American woman and all 12 white women were convicted

of killing white victims.

460

This closely parallels the data

on race in capital sentencing overall, which shows that the

victim’s race plays a decisive role in whether or not the

death penalty is imposed in homicide cases. Although

most homicide victims are African-American, their killers

are less likely to be sentenced to death than those who kill

Caucasians.

461

Whereas most men on death row are

African-American or Latino, most death-sentenced

women are Caucasian.

462

The average age for both women

and men is just below 30 years old at the time of the

offense for which they are sentenced to death.

463

The

average age of women currently on death row is just

above 48 years old.

464

The little information that exists about conditions of

confinement for women on death row highlights a

dehumanizing penitentiary culture that harms all

incarcerated women. In states where only a single woman

faces a death penalty, a 2004 study suggests these inmates

are housed in solitary confinement.

465

In states like Texas

and California, where the populations are larger, women

on death row are housed in units. In Texas, the prison

housing female death row inmates, Mountain View Unit,

has one of the highest rates of sexual abuse

466

and

suicide.

467

Women on death row in Texas are not

permitted contact visits with anyone.

468

In California, the

Central California Women’s Facility has been criticized

for systematically failing to provide adequate medical

care.

469

In Florida, death-sentenced women are held at the

Lowell Correctional Institution, where many female

inmates have testified to inhumane and demeaning

treatment including verbal abuse and physical humiliation.

Troubling complaints filed between 2011 and 2015

indicate that male prison guards forced many female

inmates to perform sexual acts in exchange for basic

necessities such as soap and sanitary pads. Those who

refused to comply were harassed and sometimes punished

with solitary confinement or the withdrawal of family

visitation rights.

470

CASE STUDY: BRENDA ANDREW

Brenda Andrew, born December 16, 1963, is a Caucasian

woman sentenced to death in Oklahoma. Until her arrest,

she lived in Oklahoma City, where she taught bible study

and cared for her two children, Parker and Tricity, who

were fathered by her estranged husband Robert Andrew.

In 2004, she and James Pavatt were convicted of the 2001

killing of her husband Robert. At the time of his death,

Brenda and her husband were separated, and she was

romantically involved with Pavatt. Her case exemplifies

how prosecutors deploy, and courts sanction, the use of

evidence imbued with gender bias against women.

Brenda Andrew

Throughout Brenda’s trial, the prosecution sought to

portray her as sexually promiscuous by airing details of

her sexual history under the guise of establishing her

motive to kill her husband. But the evidence proffered

strayed beyond this limited justification. The jury was

allowed to hear about Brenda’s alleged extra-marital

affairs from years before the murder, as well as details

about outfits she wore, which were characterized by male

witnesses as too tight, too revealing, or otherwise sexually

provocative.

471

The trial court also permitted the

prosecutor to show the underwear found in the suitcase in

her possession after fleeing to Mexico after the homicide,

because it showed that she was not behaving as “a

grieving widow, but as a free fugitive living large on a

Mexico beach.”

472

As one Justice of the Court of Criminal

Appeals of Oklahoma noted, Brenda was put on trial not

only for the murder of her husband but for being “a bad

wife, a bad mother, and a bad woman.”

473

Her appeal, now

pending in the Tenth Circuit, argues that her “trial was

rendered fundamentally unfair by the admission of

irrelevant and salacious facts about [her] sexual appetites

and her past adulterous affairs.”

474

In essence, the

appellate court must address whether the commentary

about her sexuality conflated legal questions of guilt and

innocence with notions of chastity and promiscuity, which

had the effect of maligning her before the jury, precisely

because she was a woman who transgressed social

conventions.

Brenda’s case underscores the important role courts and

civil society can play by monitoring how testimony about

defendants’ sexual behaviors and other kinds of gendered

testimony are used in criminal proceedings, as well as the

unique prejudice suffered by female defendants,

particularly in the eyes of socially conservative and

religious juries.

Recommendations

Below are key recommendations for stakeholders to address issues affecting women in prison generally and women on

death row specifically.

RECOMMENDATIONS FOR GOVERNMENT LEGISLATORS AND POLICY-MAKERS

 In accordance with international law, eliminate the death penalty for non-violent offenses, particularly for drug

offenses and blasphemy, and “crimes of morality” such as adultery or lesbianism.

 Codify gender-specific defenses and mitigation, encompassing women’s experiences of trauma, poverty, child

marriage, and gender-based violence.

 Guarantee access to consular assistance for foreign women charged with death-eligible offenses, as required by

the Vienna Convention on Consular Relations. This is particularly important in the case of migrant/domestic

workers.

 Require that the judiciary be trained on gender-based discrimination, domestic violence, and tactics of coercive

control that lead to women committing death-eligible offenses.

 Acknowledge the compounding forms of violence suffered by girls and women—including gender based-

violence and early and forced marriage—and implement policies and legislative reforms that prevent the

application of the death penalty when these women act against their abusers.

 Ensure that women have access to free and effective legal counsel specialized in capital representation.

 In capital proceedings, make available resources so that defendants can obtain the testimony of experts who are

trained on the manifestation and effects of mental illness and intellectual disability in women, including

female-specific illnesses that can lead to women’s offending, such as Postpartum Psychosis.

 Address gender-based inequality in legal systems that allow for the payment of restitution to victims’ families.

Provide financial resources in cases involving indigent women so that they can participate on an equal basis in

restitution practices that may result in forgiveness from victims’ families.

RECOMMENDATIONS FOR GOVERNMENT LEADERS AND PARDON BOARDS

 Commute the sentences of women convicted and sentenced to death for killing close family members who

perpetrated gender-based violence against them.

 Commute the sentences of women convicted and sentenced to death for drug trafficking and other offenses that

do not involve the loss of human life. Ensure that women accused of low-level drug trafficking benefit from

plea deals similar to those leading trafficking operations, who sometimes receive lesser sentences based on

their greater knowledge of the operation and usefulness to the prosecution.

RECOMMENDATIONS FOR JUDICIARY

 Create and/or access training on gender-based violence and its links with women’s offending.

 Take into account women’s experiences of trauma and gender-based violence at conviction and sentencing.

RECOMMENDATIONS FOR ATTORNEYS

 Consider and pursue general and gender-specific mitigation for clients and raise discrimination against clients

on the basis of their gender as appropriate.

 Consider cultural and gender differences when interviewing clients, especially when eliciting information

about potential sexual/gender-based violence.

 Seek professional training and the assistance of qualified experts on the manifestations of mental illness and

intellectual disability for women, and seek medical and mental health evaluations of your client, where

appropriate.

 Raise countries’ international law obligations relating to the treatment of women and children in court

submissions, particularly under the ICCPR, CEDAW, and CRC, where appropriate.

 If representing a foreign national, ensure the national is aware of their right to contact their embassy or

consulate, and if she so requests, notify the consulate/embassy of her detention. If appropriate, raise the lack of

consular assistance in violation of the Vienna Convention on Consular Relations at trial and on appeal.

RECOMMENDATIONS FOR PRISON AUTHORITIES

 Informed by the Bangkok Rules and the Mandela Rules, adopt gender-sensitive policies in relation to women’s

detention, ensuring women’s safety and security pre-trial, during admission to prison, and while incarcerated.

 Design prison infrastructure that allows for women’s specific needs, including privacy.

 Hire and train female prison staff to supervise women.

 House women as geographically close to their homes as possible and encourage family contact.

 House juvenile females separately from adult women, preferably in youth facilities with appropriate care.

 Allow women on death row to take part in education, skills building, and social activities in the prison.

 Forbid the use of solitary confinement for women on death row or the denial of family visits as punishment.

 Train staff to recognize symptoms of mental illness and depression in women on death row.

 Ensure timely access to general and female-specific healthcare and counselling, and ensure women have access

to the same preventative screenings as the general population. Ensure menstruating women have access to

sanitary products, soap, and water.

 Forbid extended shackling of women on death row, and prohibit under all circumstances shackling during

pregnancy, childbirth, and nursing.

 Ensure women have access to dependent children through visitation. Establish appropriate accommodations for

women with infants and small children so that women and children can remain together in a secure setting that

minimizes trauma to children.

 Ensure appropriate medical care, education, and family contact for children in prison with their mothers.

 Provide transparent information on the number of women on death row, demarcated by age and the offenses

for which they are convicted, to enable research on the demographics of women on death row.

 Allow civil society and academic researchers to access women on death row.

RECOMMENDATIONS FOR CIVIL SOCIETY

 Conduct and publish research on root causes and structural, systemic discrimination against women in society

that lead to women’s increased likelihood of coming in conflict with the law, particularly in capital cases.

 Monitor government and prison compliance with international human rights standards in relation to women on

death row.

 Pressure governments to implement the above recommendations, including by submitting reports on the topic

of women in prison and women on death row to U.N. and regional human rights review mechanisms.

 Support family visits to women in prison, including by helping to transport family and children to visit their

relatives in prison.

Appendix: International Treaty Obligations of Profiled

Countries

Country

Treaty

Date of Ratification,

Accession, or Signature (s)

475

Vote on U.N. General

Assembly’s Resolution for a

Global Moratorium on the Use

of the Death Penalty

476

India

ICCPR

April 10, 1979

India has voted systematically

against the U.N. General

Assembly’s moratorium

resolutions, demonstrating its

attachment to the practice.

CAT

Oct. 14, 1997 (s)

CEDAW

Jul. 9, 1993

CRC

Dec. 11, 1992

Indonesia

ICCPR

Feb. 23, 2006

Indonesia has abstained from the

last three U.N. General

Assembly moratorium

resolutions, after voting against

the first three resolutions prior to

2010.

CAT

Oct. 28, 1998

CEDAW

Sep. 13, 1984

CRC

Sep. 5, 1990

Jordan

ICCPR

May 28, 1975

Jordan has abstained from all but

one of the U.N. General

Assembly’s moratorium

resolutions. It voted against the

first resolution in 2007.

CAT

Nov. 13, 1991

CEDAW

Jul. 1, 1992

CRC

May 24, 1991

Malawi

ICCPR

Dec. 22, 1993

Although Malawi has taken no

formal steps to abolish the death

penalty, it voted in favor of the

U.N. General Assembly’s

moratorium resolution in 2016.

Previously, it had abstained from

the vote. This may indicate

shifting national sentiment, or at

least ambivalence, about the

legitimacy of capital punishment.

CAT

Jun. 11, 1996

CEDAW

Mar. 12, 1987

CRC

Jan. 2, 1991

ACHPR

Nov. 17, 1989

Protocol to the

ACHPR on the Rights

of Women in Africa

May 20, 2005

Pakistan

ICCPR

Jun. 23, 2010

Pakistan has voted

systematically against the U.N.

General Assembly’s moratorium

resolutions, demonstrating its

attachment to the practice.

CAT

Jun. 23, 2010

CEDAW

Mar. 12, 1996

CRC

Nov. 12, 1990

USA

ICCPR

477

Jun 8, 1992

The United States has voted

systematically against the U.N.

General Assembly’s moratorium

resolutions, demonstrating its

attachment to the practice.

CAT

Oct. 21, 1994

CEDAW

Jul. 17, 1980 (s)

CRC

Feb. 16, 1995 (s)

The INTERNATIONAL COVENANT FOR CIVIL AND

POLITICAL RIGHTS (ICCPR)

478

enshrines in articles 6 and

14 the rights to life and fair trials, respectively, and

restricts the imposition of the death penalty to the most

“serious crimes.”

479

Further, Article 6 provides that

juveniles cannot be sentenced to death and pregnant

women cannot be executed.

480

The CONVENTION AGAINST TORTURE AND OTHER

CRUEL, INHUMAN OR DEGRADING TREATMENT OR

PUNISHMENT (CAT)

481

stipulates States parties’

obligation to prevent torture and ensure that all acts of

torture are criminal offenses under their laws.

482

States

parties are bound to constantly review their

interrogation rules and methods to prevent cases of

torture.

483

The CONVENTION ON THE ELIMINATION OF ALL FORMS

OF DISCRIMINATION AGAINST WOMEN (CEDAW)

484

establishes States parties’ obligations to end

discrimination against women. State parties are obliged

“to accord to women equality with men before the

law”

485

and “to establish legal protection of the rights

of women on an equal basis with men.”

486

Pursuant to the CONVENTION ON THE RIGHTS OF THE

CHILD (CRC),

487

States parties are obligated to ensure

that no child is subjected to torture, capital punishment,

or life in prison without the possibility of release.

488

The AFRICAN CHARTER ON HUMAN AND PEOPLES’

RIGHTS (ACHPR),

489

a regional treaty, provides in article

4 that “no one may be arbitrarily depraved of the right

to life.”

490

The PROTOCOL TO THE ACHPR ON THE

RIGHTS OF WOMEN IN AFRICA

491

enshrines in article 4

States parties’ obligation “not to carry out death

sentences on pregnant or nursing women.”

492

Endnotes

INTRODUCTION: WOMEN ON DEATH ROW, INVISIBLE

SUBJECTS OF GENDER DISCRIMINATION

One notable exception is the scholarship of Victor Streib, who has studied the

female death row population in the United States. See Victor L. Streib, Gendering

the Death Penalty: Countering Sex Bias in a Masculine Sanctuary, Ohio State Law

Journal, Vol. 63, p. 433 (2002). Professor Streib has likewise lamented the lack of

scholarship focusing on this “forgotten” population. Victor L. Streib, Rare and

Inconsistent: The Death Penalty for Women, Fordham Urban Law Journal, Vol. 43,

p. 609, 612 (2006).

Our findings are consistent with the conclusions of researchers who have

examined the criminal justice system’s response to women who kill. Milne and

Turton note:

The portrayal of a woman as ‘good’ or ‘bad’ lies in the ability to align her behaviour

with gender norms. If her behaviour (including her crime) can be recuperated back

into the norms of femininity, then a lenient response may be available. If, however,

her transgressions fall outside of the expected norms, then she is more likely to

receive harsh punishment for her crimes.

Emma Milne and Jackie Turton, Understanding Violent Women, pp. 124–25,

Women and the Criminal Justice System: Failing Victims and Offenders?, Palgrave

MacMillan, 2018.

Yuliya Khlashchankova, affiliated with the Belarus-Helsinki Committee, Email to

Cornell Center on the Death Penalty Worldwide, Mar. 25, 2015.

Takunda Maoza, Zimbabwe: Government to Eliminate the Death Penalty –

Mnangagwa, The Herald http://www.herald.co.zw/zim-to-eliminate-death-penalty-

mnangagwa/, Feb. 23, 2016.

U.N. Human Rights Committee, 9th Session, Summary Record of the 202nd

Meeting, Consideration of Reports Submitted by States Parties Under Article 40 of

the Covenant: Mongolia, para. 6, U.N. Doc. CCPR/C/SR.202, Mar. 24, 1980.

Cornell Center on the Death Penalty Worldwide, Women,

http://www.deathpenaltyworldwide.org/women.cfm, Jan. 25, 2012.

Ibid.

State v. Pushpa, CIS No. SC/134/2013, Jhajjar District Court, Haryana. National

Law University Delhi Project 39A, Research Report to the Cornell Center on the

Death Penalty Worldwide, Nov. 8, 2017.

Mst. Nazo v. The State (Pakistan), 2013 M L D 1860, Peshawar High Ct., Mar. 1,

2013.

Court documents provided by lawyers who have requested she remained

anonymous.

Ibid.

Hossein Raeesi, Interview with the Cornell Center on the Death Penalty

Worldwide, Feb. 10, 2015.

Haseeb Bhatti, Supreme Court Acquits Three People on Murder Charges in

2009 Case, Dawn, https://www.dawn.com/news/1351899, Aug. 16, 2017.

Vaibhav Ganjapure, Six on death row for ‘human sacrifice’ case move HC,

http://timesofindia.indiatimes.com/articleshow/65264395.cms?utm_source=contento

finterest&utm_medium=text&utm_campaign=cppst, Aug. 4, 2018. Surender

Sharma, HC upholds death sentence to Rohtak girl who killed 7 of her family,

Hindustan Times, https://www.hindustantimes.com/punjab/hc-upholds-death-

sentence-to-rohtak-girl-who-killed-7-of-her-family/story-

pX3SlwDCPABoq3YLuN5EcK.html, Jul. 18, 2018. Hindustan Times, Supreme

Court stays couple’s execution in human sacrifice case,

https://www.hindustantimes.com/india-news/supreme-court-stays-couple-s-

execution-in-human-sacrifice-case/story-k8AqSmGMgeMr4i8ozKVzQJ.html, Aug.

17, 2017. Khojkhabarnews, 11 year son’s eyewitness account leads to death

sentence of mother, life term to her paramour,

http://www.khojkhabarnews.com/?p=51667, Dec. 6, 2016. The Hindu, Death

sentence upheld in Mumbai blasts case,

https://www.thehindu.com/news/national/Death-sentence-upheld-in-Mumbai-blasts-

case/article13302108.ece, Nov. 18, 2016. Uma Vishnu, Shabnam & Saleem: The

relationship that claimed seven lives of a family,

https://indianexpress.com/article/india/india-others/sunday-story-shabnam-saleem-

the-amroha-murders/, Jun. 7, 2015. The Times of India, Woman, two others get

death for triple murder,

http://timesofindia.indiatimes.com/articleshow/27322790.cms?utm_source=contento

finterest&utm_medium=text&utm_campaign=cppst, Dec. 13, 2014. Mayura

Janwalkar, The sons of a woman on death row,

https://indianexpress.com/article/india/maharashtra/the-sons-of-a-woman-on-death-

row/, Sept. 1, 2014. We have no information on the case of one of the twelve

women on death row.

The Indian Express, Twenty-year-old woman sentenced to death for killing

mother, sister, https://indianexpress.com/article/india/twenty-year-old-woman-

sentenced-to-death-for-killing-mother-sister-5099285/, Mar. 15, 2018. The Times of

India, Woman serial killer ‘Cyanide Mallika’ gets death sentence,

https://timesofindia.indiatimes.com/india/Woman-serial-killer-Cyanide-Mallika-gets-

death-sentence/articleshow/4311321.cms, Mar. 24, 2009. We have no information

on the case of one of the twelve women on death row.

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty Worldwide, Nov. 8, 2017.

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017.

United Nations Assistance Mission in Afghanistan, Illiteracy, Poverty Silencing

Afghan Women Victims of Violence, https://unama.unmissions.org/illiteracy-poverty-

silencing-afghan-women-victims-violence, Sep. 14, 2015. Anonymous Source,

Research Report to the Cornell Center on the Death Penalty Worldwide, Jul. 19,

2017.

Xiaofei Xie, Interview with Cornell Center on the Death Penalty Worldwide, May

8, 2017.

Penal Code of Tanzania, sec. 18(c), Sep. 28, 1945, as last amended by Act No.

2 of 2016.

Fulgence Massawe, Interview with Cornell Center on the Death Penalty

Worldwide, Jun. 2, 2017.

Anonymous Source, Interview with Cornell Center on the Death Penalty

Worldwide, Jul. 13, 2017. Bwighane Mwenifumbo, Legal Aid counsel, Interview with

Cornell Center on the Death Penalty Worldwide, Jun. 10, 2017.

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017. See also Penal Reform Intl., Women who kill in response

to domestic violence: How do criminal justice systems respond?,

https://www.penalreform.org/wp-

content/uploads/2016/04/Women_who_kill_in_response_to_domestic_violence

_Full_report.pdf, Apr. 2016.

WOMEN FACING THE DEATH PENALTY AROUND THE

WORLD: AN UNDERSTUDIED POPULATION

Japan Innocence & Death Penalty Information Center, List of Defendants Who

Are Under Sentence of Death in Japan, http://www.jiadep.org/Chart-

DeathRow_files/page481_1.html, last accessed Jun. 19, 2018.

Edward White, A Taiwan Witch Burning, The News Lens,

https://international.thenewslens.com/article/77110, August 25, 2017. Amnesty Intl.,

Death Sentences and Executions 2017, p. 18, ACT 50/7955/2018, Apr. 12, 2018.

Anonymous Sources, Interview with Cornell Center on the Death Penalty

Worldwide.

National Law University Delhi Project 39A, Prisoners currently under death

sentence, https://www.project39a.com, last accessed Aug. 28, 2018. National Law

University Delhi Project 39A, Email to Cornell Center on the Death Penalty

Worldwide, Jun. 25, 2018.

Amnesty Intl., Death Sentences and Executions 2017, p. 20, ACT 50/7955/2018,

Apr. 12, 2018.

Justice Project Pakistan, Interview with the Cornell Center on the Death Penalty

Worldwide, Aug. 15, 2018.

Justice Project Pakistan, Interview with the Cornell Center on the Death Penalty

Worldwide, Aug. 27, 2018.

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017.

Amnesty Intl., Thailand: Country’s first execution since 2009 a deplorable move,

https://www.amnesty.org/en/latest/news/2018/06/thailand-countrys-first-execution-

since-2009-a-deplorable-move/, Jun. 19, 2018.

All four women were released through a multi-year re-sentencing project arising

from the Kafantayeni judgment in 2007. Sandra Babcock, Director of the

International Human Rights Clinic at Cornell Law School, Interview with Cornell

Center on the Death Penalty Worldwide, Aug. 23, 2018.

Amnesty Intl., Death Sentences and Executions 2017, p. 35, ACT 50/7955/2018,

Apr. 12, 2018. Foundation for Human Rights Initiative, The unsung heroes of the

progressive abolition of the death penalty campaign in Uganda, p. 12, FHRI e-

Newsletter, Vol. 14, Issue No. 1, Jan.–Mar. 2016.

Angela Uwandu, Head of Office of Avocats Sans Frontières France, Nigeria

Office, Email to Cornell Center on the Death Penalty Worldwide, Mar. 19, 2015.

Amnesty Intl., Death Sentences and Executions 2017, p. 34, ACT 50/7955/2018,

Apr. 12, 2018. Hands Off Cain, Ghana,

http://www.handsoffcain.info/bancadati/africa/ghana-40000331, last accessed Jun.

19, 2018.

El Hacene Mahmoud Mbareck, affiliated with Coalition mauritanienne contre la

peine de mort, Email to Cornell Center on the Death Penalty Worldwide, Mar. 18,

2015.

Amnesty Intl., Death Sentences and Executions 2017, p. 35, ACT 50/7955/2018,

Apr. 12, 2018. Hands Off Cain, Zambia,

http://www.handsoffcain.info/bancadati/africa/zambia-40000003, last accessed Jun.

19, 2018.

Matt Payton, Kenya Commutes Sentences of All Death Row Inmates, The

Independent, https://www.independent.co.uk/news/world/africa/kenya-death-row-

inmates-spare-live-commute-sentence-a7378751.html, Oct. 25, 2016.

Amnesty Intl., Death Sentences and Executions 2017, p. 34, ACT 50/7955/2018,

Apr. 12, 2018.

U.N. Office of the High Commissioner for Human Rights and U.N. Assistance

Mission for Iraq Human Rights Office, Report on the Death Penalty in Iraq, p. 21,

http://www.ohchr.org/Documents/Countries/IQ/UNAMI_HRO_DP_1Oct2014.pdf,

Oct. 2014.

Belkis Wille, Unfair ISIS Trial in Iraq Hands Women Harshest Sentences, Human

Rights Watch, https://www.hrw.org/news/2018/02/21/unfair-isis-trial-iraq-hands-

women-harshest-sentences, Feb. 21, 2018.

Bethan McKernan, Iraq: 15 Turkish women face death penalty over Isis

membership, The Independent, http://www.independent.co.uk/news/world/middle-

east/iraq-turkey-isis-membership-women-death-penalty-islamic-state-

a8229416.html, Feb. 26, 2018.

Anonymous Source, Interview with Cornell Center on the Death Penalty

Worldwide.

Ibid.

See Introduction. Human Rights Watch, Domestic Workers,

https://www.hrw.org/topic/womens-rights/domestic-workers, last accessed May 23,

2018.

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Aug. 8, 2017.

Amnesty Intl., Death Sentences and Executions in 2017, p. 30, ACT

50/7955/2018, Apr. 12, 2018.

Iran Human Rights, Iran: Annual report on the death penalty 2017,

https://iranhr.net/en/articles/3258/, Mar. 13, 2018.

Criminal Justice Project of the NAACP Legal Defense and Educational Fund,

Inc., Death Row U.S.A. Fall 2017, p. 1,

http://www.naacpldf.org/files/case_issue/DRUSAFall2017_.pdf, Oct. 2017.

Death Penalty Information Center, Women and the Death Penalty – Death

Sentences Imposed Upon Female Offenders,

http://www.deathpenaltyinfo.org/women-and-death-penalty#State%20Breakdown,

last accessed Jun. 25, 2018.

National Law University Delhi Project 39A, Interview with the Cornell Center on

the Death Penalty Worldwide, Aug. 24, 2018.

International Federation for Human Rights (FIDH) and Union for Civil Liberty

(UCL), Shadow report on the situation of torture and ill-treatment of prisoners in

Thailand, p. 4,

http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/THA/INT_CAT_NG

O_THA_17054_E.pdf, Apr. 30, 2014.

Iran Human Rights, Iran: Annual report on the death penalty 2017,

https://iranhr.net/en/articles/3258/, Mar. 2018. Iran Human Rights, Annual Report on

the Death Penalty in Iran in 2016, p. 3,

https://iranhr.net/media/files/Rapport_iran_2016-GB-280317-BD.pdf, Mar. 2017.

Iran Human Rights, Annual Report on the Death Penalty in Iran in 2015, p. 3,

http://www.ecpm.org/wp-content/uploads/Rapport_iran-2015.pdf, Mar. 2016.

U.N. Office of the High Commissioner for Human Rights and U.N. Assistance

Mission for Iraq Human Rights Office, Report on the Death Penalty in Iraq,

http://www.ohchr.org/Documents/Countries/IQ/UNAMI

_HRO_DP_1Oct2014.pdf, Oct. 2014.

Death Penalty Information Center, Searchable Execution Database,

https://deathpenaltyinfo.org/views-executions, last accessed Jun. 20, 2018.

Hands Off Cain, Egypt Executes Six, Two of Whom Were Women,

http://www.handsoffcain.info/notizia/egypt-executes-six-two-of-whom-were-women-

40305364, Jun. 4, 2018.

Human Rights Watch, Kuwait: First Executions in 4 Years,

https://www.hrw.org/news/2017/01/26/kuwait-first-executions-4-years, Jan. 26,

2017.

Andrew Buncombe, Sajida al-Rishawi: Jordan 'executes female Isis suicide

bomber' – hours after pilot Muath al-Kasaesbeh is burned alive, The Independent,

https://www.independent.co.uk/news/world/middle-east/sajida-al-rishawi-jordan-

says-it-has-executed-female-militant-sought-by-isis-hours-after-promising-

10022091.html, Feb. 4, 2015.

Chris Graham, Meet Hyon Song-wol, North Korea's 'Spice Girl' whose execution

was greatly exaggerated, The Telegraph,

https://www.telegraph.co.uk/news/2018/01/21/meet-hyon-song-wol-north-koreas-

spice-girl-whose-execution-greatly/, Jan. 21, 2018.

Rod Nordland and Jawad Sukhanyar, Taliban Publicly Execute Two Women in

Northern Afghanistan, The New York Times,

https://www.nytimes.com/2016/05/08/world/asia/taliban-publicly-execute-two-

women-in-northern-afghanistan.html, May 7, 2016. Ben Farmer, 22-year-old

accused of adultery executed in Afghanistan, The Telegraph,

https://www.telegraph.co.uk/news/worldnews/asia/afghanistan/9384963/22-year-

old-accused-of-adultery-executed-in-Afghanistan.html, Jul. 8, 2012.

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017. The Guardian, Six drug convicts executed in Indonesia,

including five foreigners, https://www.theguardian.com/world

/2015/jan/18/indonesia-six-drug-convicts-shot-dead-five-foreigners, Jan. 17, 2015.

Amnesty Intl., Executions in the Gambia Giant Leap Backwards,

https://www.amnesty.org/en/press-releases/2012/08/executions-gambia-giant-leap-

backwards/, Aug. 24, 2012.

Harriet Agerholm, Woman stoned to death in Somalia because she married 11

men, claims extremist group, The Independent,

https://www.independent.co.uk/news/world/africa/al-shabab-somalia-woman-

stoned-death-married-men-a8343901.html, May 9, 2018.

CRIMES FOR WHICH WOMEN ARE SENTENCED TO DEATH

Amnesty Intl., Death Sentences and Executions in 2015, p. 8, ACT

50/3487/2016, Apr. 12, 2018.

Anonymous Source, Interview with Cornell Center on the Death Penalty

Worldwide, Dec. 2016.

Daily News, Nearly 50 wives arrested in 2012 in Yemen for killing husbands:

report, http://www.nydailynews.com/news/world/women-killing-husbands-yemen-

tied-domestic-abuse-severe-gender-inequality-report-article-1.1236023, Jan. 8,

2013.

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty Worldwide, Nov. 8, 2017.

Uma Vishnu, Shabnam & Saleem: The relationship that claimed seven lives of a

family, The Indian Express, https://indianexpress.com/article/india/india-

others/sunday-story-shabnam-saleem-the-amroha-murders/, Jun. 7, 2015. The

Independent, Killing in the name of love: Seven funerals and a wedding,

https://www.independent.co.uk/news/world/asia/killing-in-the-name-of-love-seven-

funerals-and-a-wedding-1792302.html, Sep. 24, 2009.

Khojkbar News, 11 year son’s eyewitness account leads to death sentence of

mother, life term to her paramour, http://www.khojkhabarnews.com/?p=51667, Dec.

6, 2016.

Maryam Hosseinkhah, The Execution of Women in Iranian Criminal Law: An

Examination of the Impact of Gender on Laws Concerning Capital Punishment in

the New Islamic Penal Code, Iran Human Rights Documentation Center,

http://www.iranhrdc.org/english/publications/legal-commentary/1000000102-the-

execution-of-women-in-iranian-criminal-law.html, May 7, 2012.

Ibid.

Taiwan Alliance to End the Death Penalty, Email to the Cornell Center on the

Death Penalty Worldwide, Mar. 18, 2015.

Tanya Murshed, affiliated with Evolve, Interview with the Cornell Center on the

Death Penalty Worldwide, Mar. 18, 2015.

Abdellah Mouseddad, affiliated with Association marocaine des droits humains,

Email to the Cornell Center on the Death Penalty Worldwide, Mar. 22, 2015.

Anonymous Source, Interview with Cornell Center on the Death Penalty

Worldwide, Mar. 20, 2015.

Reprieve, Alice Nungu – Immediate release in Malawi,

https://reprieve.org.uk/alice-nungu-immediate-release-in-malawi/, last accessed

Jun. 26, 2018.

Angela Uwandu, Head of Office of Avocats Sans Frontières France, Nigeria

Office, Email to the Cornell Center on the Death Penalty Worldwide, Mar. 19, 2015.

Reuters, Chinese Woman Who Killed Her Abusive Husband Given a Death

Sentence Reprieve, The Telegraph,

https://www.telegraph.co.uk/news/worldnews/asia/china/11561085/Chinese-

woman-who-killed-her-abusive-husband-give-a-death-sentence-reprieve.html, Apr.

24, 2015.

Nima Elbagir and Eliza Mckintosh, Bites and a broken bed: New details in case

of Sudan teen who killed rapist husband, CNN, https://www-

m.cnn.com/2018/05/24/africa/noura-hussein-sudan-appeal-intl/index.html?rm=1,

May 24, 2018.

Michigan Women’s Justice and Clemency Project, Position Statement,

http://umich.edu/~clemency/position.html, last accessed Jun. 20, 2018.

“Stand your ground” laws, which vary from state to state, allow people to use

force when they are under threat of being harmed. Several of these laws provide

that people are not obligated to retreat from an attacker in any place in which they

are lawfully present. National Conference of State Legislatures, Self Defense and

“Stand Your Ground,” http://www.ncsl.org/research/civil-and-criminal-justice/self-

defense-and-stand-your-ground.aspx, Jul. 27, 2018.

In the United States, in the state of Florida, a woman by the name of Marissa

Alexander pleaded guilty to numerous charges, to avoid sixty years in prison,

stemming from firing a single warning shot against her longtime abuser. See

Amanda Marcotte, Prosecutors Now Seeking a 60-Year Sentence for Marissa

Alexander's Alleged Warning Shot, Slate, March 4, 2014,

http://www.slate.com/blogs/xx_factor/2014/03/04/marissa_alexander_now_faces_u

p_to_60_years_in_prison_for_her_alleged_warning.html, last accessed August 14,

2018. On an appeal after her first trial, the Florida appeals court reversed

Alexander’s conviction for erroneous jury instructions, but nonetheless upheld the

trial court’s decision to deny her immunity from prosecution under Florida’s stand

your ground law, which entitles individuals to use lethal force without the need to

retreat as is traditionally required under the law in order for the defendant to claim

self-defense. See Alexander v. State, 121 So. 3d 1185, 1191 (Fla. Dist. Ct. App.

2013) (“But the question as to whether Appellant is entitled to immunity from

prosecution under the Stand Your Ground law is no longer open for debate because

that issue was definitively resolved against Appellant after a full and fair evidentiary

hearing in a ruling that has now been affirmed by this court.” (Wetherell, J.

concurring). After her conviction was reversed, Ms. Alexander pleaded guilty and

avoided further jail time.

U.N. Office of the High Commissioner for Human Rights, Death penalty

disproportionately affects the poor, U.N. rights experts warn,

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22208&L

angID=E, Oct. 10, 2017.

Reprieve, Alice Nungu – Immediate release in Malawi,

https://reprieve.org.uk/alice-nungu-immediate-release-in-malawi/, last accessed

Jun. 26, 2018.

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017.

Death Penalty Project, Reprieve for Battered Woman Who Killed Husband,

http://www.deathpenaltyproject.org/news/1781/abused-belizean-woman-cleared-of-

murder, Jul. 3, 2014.

Human Rights Watch, China: Commute Death Sentence in Domestic Violence

Case, https://www.hrw.org/news/2013/01/30/china-commute-death-sentence-

domestic-violence-case, Jan. 30, 2013.

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017.

Patrick Gallahue and Rick Lines, The Death Penalty for Drug Offences Global

Overview 2010, p. 33, International Harm Reduction Association,

https://www.hri.global/files/2010/06/16/IHRA_DeathPenaltyReport_Web1.pdf, Apr.

2010.

Maryam Hosseinkhah, The Execution of Women in Iranian Criminal Law: an

Examination of the Impact of Gender on Laws Concerning Capital Punishment in

the New Islamic Penal Code, Iran Human Rights Documentation Center,

http://www.iranhrdc.org/english/publications/legal-commentary/1000000102-the-

execution-of-women-in-iranian-criminal-law.html, May 7, 2012.

Capital Punishment U.K., Female hangings worldwide 1988 – date,

http://www.capitalpunishmentuk.org/femhanged.html, last accessed Jun. 21, 2018.

Hossein Raeesi, Interview with the Cornell Center on the Death Penalty

Worldwide, Feb. 10, 2015.

Melvina T. Sumter et al., Mule Tales: An Exploration of Motives among Female

Drug Smugglers, The Global Center for School Counseling Outcomes Research,

Evaluation, & Development, https://everypiecematters.com/jget/volume01-

issue01/mule-tales-an-exploration-of-motives-among-female-drug-smugglers.html,

May 31, 2017.

Ibid.

Maryam Hosseinkhah, The Execution of Women in Iranian Criminal Law: an

Examination of the Impact of Gender on Laws Concerning Capital Punishment in

the New Islamic Penal Code, Iran Human Rights Documentation Center,

http://www.iranhrdc.org/english/publications/legal-commentary/1000000102-the-

execution-of-women-in-iranian-criminal-law.html, May 7, 2012.

Hossein Raeesi, Interview with the Cornell Center on the Death Penalty

Worldwide, Feb. 10, 2015.

Melvina T. Sumter et al., Mule Tales: An Exploration of Motives among Female

Drug Smugglers, The Global Center for School Counseling Outcomes Research,

Evaluation, & Development, https://everypiecematters.com/jget/volume01-

issue01/mule-tales-an-exploration-of-motives-among-female-drug-smugglers.html,

May 31, 2017.

Ibid.

100

Beh Lih Yi, Indonesian drug convict facing death row highlights risks to migrant

workers: campaigners, Reuters, https://www.reuters.com/article/us-indonesia-

executions-women-idUSKCN108032, Jul. 27, 2016.

101

Oliver Holmes, Tragic story of death-row maid caught up in Asia’s war on

drugs, The Guardian, https://www.theguardian.com/world/2016/sep/17/philippines-

president-heroin-deterte-mary-jane-veloso-death-row, Sep. 17, 2016.

102

Stefy Tenu, Vietnamese Drug Convict Awaiting Execution Expresses One Final

Wish, Jakarta Globe, http://jakartaglobe.id/news/vietnamese-drug-convict-awaiting-

execution-expresses-one-final-wish/, Jan. 16, 2015.

103

KARAMAH: Muslim Women Lawyers For Human Rights, Zina, Rape, and

Islamic Law: An Islamic Legal Analysis of the Rape Laws in Pakistan, p. 4,

http://karamah.org/wp-content/uploads/2011/10/Zina-Rape-and-Islamic-Law-An-

Islamic-Legal-Analysis-of-the-Rape-Laws-in-Pakistan1.pdf, 2011.

104

Ibid.

105

Hossein Raeesi, Interview with the Cornell Center on the Death Penalty

Worldwide, Feb. 10, 2015.

106

BBC News, Dubai sentences Norwegian woman who reported rape,

http://www.bbc.com/news/world-middle-east-23381448, Jul. 20, 2013.

107

Associated Press, Marte Deborah Dalelv gets pardon in Dubai after getting 16-

months in jail for alleged rape, Daily News,

http://www.nydailynews.com/news/world/norwegian-woman-pardon-dubai-16-

months-jail-alleged-rape-article-1.1405441, Jul. 22, 2013.

108

U.N.G.A., Pathways to, conditions and consequences of incarceration for

women, Report of the Special Rapporteur on violence against women, its causes

and consequences, para. 17, U.N. Doc. A/68/340, Aug. 21, 2013.

109

Seth Mydans, Sentenced to Death, Rape Victim is Freed by Pakistani Court,

The New York Times, https://www.nytimes.com/2002/06/08/world/sentenced-to-

death-rape-victim-is-freed-by-pakistani-court.html, Jun. 8, 2002. The Guardian,

Zafran Bibi was raped, but a Pakistan judge decided it was adultery - now this

young mother will be stoned to death,

https://www.theguardian.com/world/2002/may/12/theobserver, May 11, 2002.

110

Human Rights Watch, Sudan: Ban Death by Stoning,

https://www.hrw.org/news/2012/05/31/sudan-ban-death-stoning, May 31, 2012.

111

Amnesty Intl., Sudanese Mother Walks Free: Intisar Sharif Abdallah,

https://www.amnesty.org/en/documents/afr54/029/2012/en/, Jul. 4, 2012.

112

Human Rights Watch, Sudan: Ban Death by Stoning,

https://www.hrw.org/news/2012/05/31/sudan-ban-death-stoning, May 31, 2012.

113

U.N.G.A., Pathways to, conditions and consequences of incarceration for

women, Report of the Special Rapporteur on violence against women, its causes

and consequences, para. 8, U.N. Doc. A/68/340, Aug. 21, 2013.

114

Justice Project Pakistan, Interview with the Cornell Center on the Death Penalty

Worldwide, Aug. 27, 2018.

115

Fred Abrahams, Rush to Judgement in Iraq Harms Justice, Human Rights

Watch, https://www.hrw.org/news/2018/03/26/rush-judgment-iraq-harms-justice,

Mar. 26, 2018. Belkis Wille, Unfair ISIS Trial in Iraq Hands Women Harshest

Sentences, Human Rights Watch, https://www.hrw.org/news/2018/02/21/

unfair-isis-trial-iraq-hands-women-harshest-sentences, Feb. 21, 2018.

116

Human Rights Watch, Iraq: Change Approach to Foreign Women, Children in

ISIS-Linked Trials

Rushed Proceedings, Lack of Due Process, Disproportionate Sentences,

https://www.hrw.org/news/2018/06/21/iraq-change-approach-foreign-women-

children-isis-linked-trials, Jun. 21, 2018.

117

Ibid.

118

Rawya Rageh, Young Yemeni woman on death row suffers the wrath of the

Huthis’ ‘psychological war’ on opponents, Amnesty International,

https://www.amnesty.org/en/latest/news/2018/04/young-yemeni-woman-on-death-

row-suffers-the-wrath-of-the-huthis-psychological-war-on-opponents/, Apr. 13, 2018.

119

Ibid.

120

Ibid.

121

Ibid.

122

Muhammad Sahimi, Capital Punishment, Capital Fear, PBS,

https://www.pbs.org/wgbh/pages/frontline/

tehranbureau/2010/05/capital-punishment-capital-fear.html, May 12, 2010.

123

The Times of India, Death for all three accused in 2003 Mumbai blasts case,

http://timesofindia.indiatimes.com/articleshow/4862587.cms?utm_source=contentofi

nterest&utm_medium=text&utm_campaign=cppst, Aug. 6, 2009.

124

John Alan Cohan, The problem of witchcraft violence in Africa, Suffolk

University Law Review, Vol. 44, no. 4,

http://go.galegroup.com/ps/i.do?p=AONE&u=nysl_sc_cornl&id=GALE|A286720008

&v=2.1&it=r&sid=summon, 2011. Bob Chaundy, The Burning Times, BBC News

Magazine, http://news.bbc.co.uk/2/hi/uk_news/magazine/8334055.stm, Oct. 30,

2009.

125

U.N.G.A., Human Rights Council, Report of the Special Rapporteur on

extrajudicial, summary or arbitrary executions, Philip Alston, https://www.right-

docs.org/doc/a-hrc-11-2/, May 2009.

126

Human Rights Watch, Saudi Arabia: Halt Woman’s Execution for “Witchcraft”,

https://www.hrw.org/news/2008/02/13/saudi-arabia-halt-womans-execution-

witchcraft, Feb. 13, 2008.

127

Mohammed Jamjoom and Saad Abedine, Saudi woman beheaded for

“witchcraft and sorcery”, CNN, https://www.cnn.com/2011/12/13/world/meast/saudi-

arabia-beheading/, Dec. 14, 2011. Amnesty Intl., Death Sentences and Executions

in 2011, p. 43, ACT 50/001/2012, Mar. 27, 2012.

128

Amnesty Intl., Iran: The Last Executioner of Children,

https://www.amnestyusa.org/reports/iran-the-last-executioner-of-children/, last

accessed Jun. 22, 2018. Amnesty Intl., Iran: Further Information on Fear of

Imminent Execution/Fear of Flogging Leyla Mafi,

https://www.amnesty.org/en/documents/mde13/036/2006/en/, Apr. 19, 2006.

129

Angela Uwandu, Head of Office of Avocats Sans Frontières France, Nigeria

Office, Email to Cornell Center on the Death Penalty Worldwide, Mar. 19, 2015.

130

Capital Punishment U.K., Female executions 2000 to date,

http://www.capitalpunishmentuk.org/women.html, last accessed Jun. 22, 2018.

131

Mark Tran, Sudanese woman spared death sentence for apostasy arrives in

Italy, The Guardian, https://www.theguardian.com/world/2014/jul/24/sudanese-

woman-meriam-ibrahim-spared-death-sentence-apostasy-italy, Jul. 24, 2014.

132

Saroop Ijaz, Facing the Death Penalty for Blasphemy in Pakistan, Human

Rights Watch, https://www.hrw.org/news/2016/10/12/facing-death-penalty-

blasphemy-pakistan, Oct. 12, 2016.

133

Human Rights Watch, Pakistan: Allow Pardon for Blasphemy Victim,

https://www.hrw.org/news/2010/12/02/pakistan-allow-pardon-blasphemy-victim,

Dec. 2, 2010.

134

American Center for Law and Justice, Hope in the Appeal of Christian Mother

Asia Bibi, https://aclj.org/persecuted-church/high-court-offers-sign-of-hope-in-the-

appeal-of-christian-mother-asia-bibi-currently-sentenced-to-execution-by-hanging-

in-pakistan, Apr. 24, 2018.

WOMEN IN VULNERABLE SITUATIONS FACING THE DEATH

PENALTY

135

U.N. Office of the High Commissioner for Human Rights, Death penalty

disproportionately affects the poor, U.N. rights experts warn,

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22208&L

angID=E, Oct. 10, 2017.

136

International Cove. on Civil and Political Rights (ICCPR); Conv. on the Rights of

the Child (CRC), art. 37(a). The CRC is one of the most widely ratified treaties in the

world. Every U.N. member is a state party to this treaty, except the United States.

137

Sandra Babcock, “Deciding Who Lives and Who Dies: Eligibility for Capital

Punishment Under National and International Law,” p. 5, Unpublished manuscript

on file with the Cornell Center on the Death Penalty Worldwide.

138

The failure of courts to exercise sentencing leniency in response to gender-

based violence is evident in many countries. See Penal Reform Intl., Women who

kill in response to domestic violence: How do criminal justice systems respond,

https://www.penalreform.org/wpcontent/uploads/2016/04/Women_who_kill_in_resp

onse_to_domestic_violence_Full_report.pdf, Apr. 2016.

139

For example, in 2005, a UNICEF study found that in India, 67% of women

married before the age of 18 experienced domestic violence. In Zambia, 58% of

women married before the age of 18 experience domestic violence. In Kenya,

40.4% of child brides experience domestic violence. UNICEF, Early Marriage: A

Harmful Traditional Practice, p. 40,

https://www.unicef.org/publications/files/Early_Marriage_12.lo.pdf, 2005.

140

Nawal M. Nour, Health Consequences of Child Marriage in Africa, Centers for

Disease Control, https://wwwnc.cdc.gov/eid/article/12/11/06-0510_article, Nov.

2006.

141

The ECOWAS Court ruled that it did not have competence to order Nigeria to

vacate the death sentence. Instead, it ordered a stay in the execution. Maimuna

Abdulmumini v. Federal Republic of Nigeria, Kastina State Government, and the

Nigerian Prisons Service, Decision secs. 1–2, ECW/CCJ/jud/14/14, Community Ct.

of Justice, ECOWAS, Jun. 10, 2014.

142

Jude Igbanoi, Maimuna the Child Bride in Katsina Finally Released from Death

Row, https://www.pressreader.com/nigeria/thisday/20160913/281981787045628,

Sep. 13, 2016.

143

Name changed to safeguard the prisoner’s anonymity.

144

Although she was a minor when she committed the crime, and Iran is a State

party to the Convention on Rights of the Child, article 91 of Iran’s Islamic Penal

Code provides that the death penalty may apply to minors if they “understand” the

crime they committed. Iran Human Rights Documentation Center, English

Translation of Books I & II of the New Islamic Penal Code, art. 91,

http://www.iranhrdc.org/english/human-rights-documents/iranian-

codes/1000000455-english-translation-of-books-1-and-2-of-the-new-islamic-penal-

code.html#16, Apr. 8, 2014.

145

Hossein Raeesi, criminal defense lawyer, Interview with the Cornell Center on

the Death Penalty Worldwide, Feb. 10, 2015.

146

Ibid.

147

Name changed to safeguard the prisoner’s anonymity.

148

Lela Ruabuganda, Interview with Cornell Center on the Death Penalty

Worldwide, Nov. 16, 2017.

149

Internal memorandum on the case of Mary Raziki, Cornell Center on the Death

Penalty Worldwide, Nov. 24, 2017.

150

Name changed to safeguard the prisoner’s anonymity.

151

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017.

152

Jennifer Bronson and Marcus Berzofsky, Indicators of Mental Health Problems

Reported by Prisoners and Jail Inmates, 2011-12, Bureau of Justice Statistics, U.S.

Dept. of Justice, https://www.bjs.gov/content/pub/pdf/imhprpji1112.pdf, Jun. 2017.

153

Prison Reform Trust, Bromley Briefings Prison Factfile, p. 22,

http://www.prisonreformtrust.org.uk/Portals/0/Documents/Bromley%20Briefings/Aut

umn%202017%20factfile.pdf, Autumn 2017.

154

World Health Organization Regional Office for Europe, Health in Prisons: a

WHO Guide to the Essentials in Prison Health, EUR/07/5063925, 2007.

155

Center on the Death Penalty Worldwide, International Legal Issue: Mental

Illness, http://www.deathpenaltyworldwide.org/mental-illness.cfm, Dec. 20, 2011,.

156

U.N. Office of the High Commissioner for Human Rights, The Question of the

Death Penalty, para. 7(c), Resolution 2005/59, Apr. 20, 2005.

157

Name changed to safeguard the prisoner’s anonymity.

158

Maiche v. Republic, MWHC 559, High Ct. of Malawi, 9 of 2016, Jul. 11, 2016.

159

Jack Britton, Capital Punishment, Human Rights, and Indonesia’s Chance for

the Moral High Ground, The Diplomat, https://thediplomat.com/2018/04/capital-

punishment-human-rights-and-indonesias-chance-for-the-moral-high-ground/, Apr.

3, 2018. Human Rights Watch, U.N. experts urge UAE to quash the death sentence

against a woman migrant domestic worker,

https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21462&L

angID=E, Mar. 30, 2017.

160

Anonymous Source, Interview with the Cornell Center on the Death Penalty

Worldwide.

161

Ibid. U.S. State Dept., United Arab Emirates 2015 Human Rights Report, pp. 4,

7, 8, https://www.state.gov/documents/organization/253163.pdf, 2015.

162

U.N. Office on Drugs and Crime, Handbook on Women and Imprisonment,

https://www.unodc.org/documents/justice-and-prison-

reform/women_and_imprisonment_-_2nd_edition.pdf, Mar. 2014.

163

Human Rights Watch, “I Already Bought You”: Abuse and Exploitation of

Female Migrant Domestic Workers in the United Arab Emirates,

https://www.hrw.org/report/2014/10/22/i-already-bought-you/abuse-and-exploitation-

female-migrant-domestic-workers-united, Oct. 22, 2014.

164

Ibid. Expat faces death by stoning after admitting in court to cheating on

husband, 7 days in Dubai, https://uk.news.yahoo.com/expat-faces-death-stoning-

admitting-201113329.html?guccounter=1, May 6, 2014.

165

Amnesty Intl., Death Sentences and Executions in 2015, p. 8, ACT

50/3487/2016, Apr. 6, 2016.

166

Human Rights Watch, Saudi Arabia’s Attack on Foreign Domestic Workers,

https://www.amnestyusa.org/saudi-arabias-attack-on-foreign-domestic-workers/,

last accessed Jun. 29, 2018.

167

Amnesty Intl., Death Sentences and Executions in 2015, p. 8, ACT

50/3487/2016, Apr. 6, 2016.

168

U.N. Office of the High Commissioner for Human Rights, Death penalty

disproportionately affects the poor, U.N. rights experts warn,

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22208&L

angID=E, Oct. 10, 2017.

169

U.N. Office on Drugs and Crime, Handbook on Women and Imprisonment,

https://www.unodc.org/documents/justice-and-prison-

reform/women_and_imprisonment_-_2nd_edition.pdf, Mar. 2014.

170

Tomris Atabay, Handbook for Prison Managers and Policymakers on Women

and Imprisonment, U. N. Office on Drugs and Crime, p. 8,

https://www.unodc.org/documents/justice-and-prison-reform/women-and-

imprisonment.pdf, 2008.

171

National Law University Delhi Project 39A, The Death Penalty India Report

2016, Vol. I, pp. 101, https://issuu.com/p39a/docs/dpir_volume_1, May 6, 2016.

172

Ibid at 115.

173

Ibid at 115.

174

Ibid. at 117.

175

Angela Uwandu, Head of Office of Avocats Sans Frontières France, Nigeria

Office, Email to DPW, Mar. 19, 2015.

176

Anonymous Source, Interview with Cornell Center on the Death Penalty

Worldwide, Mar. 20, 2015.

177

Abdellah Mouseddad, affiliated with Association marocaine des droits humains,

Email to the Cornell Center on the Death Penalty Worldwide, Mar. 22, 2015.

178

Tanya Murshed, affiliated with Evolve, Interview with the Cornell Center on the

Death Penalty Worldwide, Mar. 18, 2015.

179

Danthong Breen, affiliated with Union of Civil Liberties, Interview with the

Cornell Center on the Death Penalty Worldwide, Mar. 23, 2015.

180

McCleskey v. Kemp, 481 U.S. 279, U.S. Supreme Ct., Apr. 22,1987; Death

Penalty Information Center, Race and the Death Penalty,

https://deathpenaltyinfo.org/race-and-death-penalty. Katherine Beckett and Heather

Evans, The Role of Race in Washington State Capital Sentencing, 1981-2012,

https://deathpenaltyinfo.org/documents/WashRaceStudy2014OldVersion.pdf, Jan.

27, 2014.

181

Miller-El v. Dretke, 545 U.S. 231, 253 U.S. Supreme Ct., 2005.

182

Ibid at 238.

183

Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014,

Mar. 26, 2014.

PRISON CONDITIONS FOR WOMEN UNDER SENTENCE OF

DEATH

184

U.N. Office of the High Commissioner for Human Rights et al., A Practitioner’s

Toolkit on Women’s Access to Justice Programming, Module 4, Women in Conflict

with the Law, pp. 10–11,

http://www.ohchr.org/Documents/Publications/PractitionerToolkit/WA2J_Module4.pd

f, 2018. U.N. Committee on the Elimination of Discrimination against Women,

General Recommendation on Women’s Access to Justice, U.N. Doc.

CEDAW/C/GC/33, Jul. 23, 2015.

185

ICCPR, art. 10, 999 U.N.T.S. 171, Dec. 16, 1966. U.N. Human Rights

Committee, General Comment No. 21: Article 10 (Humane Treatment of Persons

Deprived of Their Liberty), para. 3, U.N. Doc. HRI/GEN/1/Rev.9 (Vol. I), Apr. 10,

1992.

186

Penal Reform Intl. and the Thailand Institute for Justice, Women in Detention:

Putting the U.N. Bangkok Rules on women prisoners into practice, p. 12,

https://www.penalreform.org/wp-content/uploads

/2017/02/PRI_BR_Workbook_WEB_lowres-1.pdf, 2017.

187

ICCPR, art. 6(5), 999 U.N.T.S. 171, Dec. 16, 1966. Cornell Center on the Death

Penalty Worldwide, International Legal Issue: Women,

http://www.deathpenaltyworldwide.org/women.cfm, last accessed May 31, 2018.

188

Prot. to the African Charter on Human and People's Rights on the Rights of

Women in Africa, art. 4, OAU Doc. CAB/LEG/66.6, Jul. 11, 2003.

189

African Charter on the Rights and Welfare of the Child, art. 30(e), OAU Doc.

CAB/LEG/24.9/49, Jul. 11, 1990.

190

Arab Charter on Human Rights, art. 12, Sep. 15, 1994.

191

Cornell Center on the Death Penalty Worldwide, International Legal Issue:

Women, http://www.deathpenaltyworldwide.org/women.cfm, Jan. 25, 2012.

192

Prot. to the African Charter on Human and Peoples’ Rights on the Rights of

Women in Africa, art. 4, OAU Doc. CAB/LEG/66.6, Jul. 11, 2003. African Charter on

the Rights and Welfare of the Child, art. 30(e), OAU Doc. CAB/LEG/24.9/49, Jul. 11,

1990.

193

Arab Charter on Human Rights, art. 12, Sep. 15, 1994.

194

Cornell Center on the Death Penalty Worldwide, Death Penalty Worldwide

Database. China, Comoros, Cuba, Saint Lucia have signed but not ratified. Antigua

and Barbuda, Brunei, Malaysia, Myanmar, Oman, Saint Kitts and Nevis, Saudi

Arabia, Singapore, South Sudan, Tonga, and the United Arab Emirates have neither

signed nor ratified.

195

Only three of the 54 eligible states have not signed or ratified the Protocol to

the African Charter on Human and Peoples’ Rights on the Rights of Women in

Africa and only four of the 54 eligible states have not signed or ratified the African

Charter on the Rights and Welfare of the Child. African Union Ratification Table:

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of

Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification/, last

accessed May 31, 2018. African Union, Ratification Table: African Charter on the

Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification/,

last accessed May 31, 2018.

196

Kuwait, Morocco, and Oman have neither signed nor ratified the Arab Charter.

Cornell Center on the Death Penalty Worldwide, Death Penalty Worldwide

Database.

197

U.N. Office of the High Commissioner for Human Rights, Women and

Detention, pp. 1–2,

http://www.ohchr.org/Documents/Issues/Women/WRGS/OnePagers/Women_and_

Detention.pdf, Sep. 2014.

198

ICCPR; CAT; United Nations Standard Minimum Rules for the Treatment of

Prisoners; Body of Principles for the Protection of All Persons Under Any Form of

Detention or Imprisonment; Basic Principles for the Treatment of Prisoners; United

Nations Standard Minimum Rules for the Administration of Juvenile Justice (“Beijing

Rules”);

Safeguards Guaranteeing Protection of the Rights of those facing the Death

Penalty; United Nations Standard Minimum Rules for Non-custodial Measures

(“Tokyo Rules”).

199

Bangkok Rule 1 states that policies developed for female prisoners do not

constitute discrimination against male prisoners, thus affirming that states must take

proactive measures to combat the disparate impact of prison policies on women

and girls.

200

Ibid. at Rules 2, 6.

201

Ibid. at Rules 19–21.

202

Ibid. at Rule 22. United Nations Rules for the Protection of Juveniles Deprived

of their Liberty, Rule 67.

203

Bangkok Rules, Rules 13, 29, 32–35.

204

Ibid. at 29–30.

205

Ibid. at Rules 5, 11.

206

Ibid. at Rule 60.

207

Ibid. at Rules 12, 41.

208

Ibid. at Rules 4, 28, 43.

209

Ibid. at Rule 56.

210

Ibid. at Rules 36–39.

211

Ibid. at Rule 53.

212

Ibid. at Rule 54.

213

Ibid. at Rules 5, 15, 22, 42.

214

Ibid. at Rules 23.

215

Ibid. at Rules 49–52.

216

Ibid. at Rules 11.

217

Ibid. at Rules 74, 76, 81.

218

Ibid. at Rules 15, 16, 18–21.

219

Ibid. at Rule 48.

220

Ibid. at Rules 4, 58–60, 68, 70.

221

Vienna Declaration on Crime and Justice: Meeting the Challenges of the

Twenty-first Century (Vienna

Declaration), para. 25, U.N. Doc. A/RES/55/59, Jan. 17, 2001.

222

Elizabeth Brundige, Violence against Women as a Cause and Consequence of

Custody, https://www.duihua.org/wipconference/brundige_en.pdf, last accessed

May 30, 2018. U.N. Committee on the Elimination of Discrimination against Women,

General Recommendation No. 19: Violence Against Women, U.N. Doc. A/47/38,

1993, Declaration on the Elimination of Violence Against Women, art. 4(c), U.N.

Doc. A/RES/48/104, Dec. 20, 1993. Tenth U.N. Congress on the Prevention of

Crime and the Treatment of Offenders, para. 16, U.N. Doc. A/CONF.187/12,

Women in the Criminal Justice System, Mar. 2, 2012.

223

Elizabeth Brundige, Violence against Women as a Cause and Consequence of

Custody, https://www.duihua.org/wipconference/brundige_en.pdf, last accessed

May 30, 2018. U.N.G.A., Intensification of efforts to eliminate all forms of violence

against women, para. 8(f), U.N. Doc. A/RES/61/143, Dec. 19, 2006.

224

Abramova v. Belarus, para. 7.1, CEDAW Committee Communication No.

23/2009, U.N. Doc. CEDAW/C/49/D/23/2009, Sep. 27, 2011.

225

Ibid. at para. 7.5.

226

ICCPR, art. 7, 999 U.N.T.S. 171, Dec. 16, 1966. CAT, art. 2, 1465 U.N.T.S. 85,

Dec. 10, 1984.

227

Olivia Rope, Popular as a victim, forgotten as a defendant, Penal Reform Intl.

https://www.penalreform.org/blog/popular-victim-forgotten-defendant/, Feb. 18,

2013.

228

Report cover photo: “Sleeping conditions for women on death row in a

provincial prison in Thailand.” Photo taken in 2015 by Kulapa Vajanasara, affiliated

with Women Prison Reform and Relevant Justice Systems, Thai Association of

Population and Social Researchers, Mahidol University.

229

Danthong Breen, affiliated with Union of Civil Liberties, Interview with the Cornell

Center on the Death Penalty Worldwide, Mar. 23, 2015.

230

Aman Sharma, More than 400 Prisoners Await the Death Sentence as Justice

is Delayed, Daily Mail, http://www.dailymail.co.uk/indiahome/indianews/article-

2112877/More-400-prisoners-await-death-sentence-justice-delayed.html, Mar. 9,

2012. Neeta Lal, Indian Jails Slammed as Purgatory for the Poor, Inter Press

Services, http://www.ipsnews.net/2016/08/indian-jails-slammed-as-purgatory-for-

the-poor/, Aug. 9, 2016.

231

U.N.G.A, 68th Session, Pathways to, conditions and consequences of

incarceration for women, U.N. Doc. A/68/340, Aug. 21, 2013.

232

Anonymous Source, Research Report to the Cornell Center on the Death Penalty

Worldwide, Jul. 19, 2017.

233

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 9, 2017.

234

Mandy Manda, affiliated with Law Association of Zambia National Legal Aid

Clinic for Women, Interview with the Cornell Center on the Death Penalty Worldwide,

Jun. 19, 2017.

235

The prison claims this practice is intended to prevent the inmate from

committing suicide or hurting others. Nicola Macbean, affiliated with the Rights

Practice, Interview with the Cornell Center on the Death Penalty Worldwide, Mar.

10, 2015.

236

Article 126 of the Sudanese Penal Code, on apostasy, provides that any

Muslim who declares publicly that he/she has adopted any religion other than Islam

commits the crime of apostasy and is punishable with the death penalty. However,

the provision waives the death penalty if the convicted person reconverts to Islam.

The Law Library of Congress, Laws Criminalizing Apostasy,

https://www.loc.gov/law/help/apostasy/index.php, May 2014.

237

The Guardian, Meriam Ibrahim on giving birth in jail: ‘Something has happened

to the baby’, https://www.theguardian.com/world/2014/jul/01/meriam-ibrahim-child-

disabled-born-shackled-floor, Jul. 1, 2014.

238

Rose Chia Fonchingong, Stifled Justice in Cameroon: Detained for Six Years

without Judgement, p. 27, Langaa RPCIG, 2016.

239

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 9, 2017.

240

Ibid.

241

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty Worldwide, Nov. 8, 2017.

242

Penal Reform Intl., Women in Prison: Incarcerated in a Man’s World, Penal

Reform Briefing, Nov. 3, 2008.

243

Nicola Macbean, affiliated with the Rights Practice, Interview with the Cornell

Center on the Death Penalty Worldwide, Mar. 10, 2015.

244

Mandy Manda, affiliated with Law Association of Zambia National Legal Aid

Clinic for Women, Interview with the Cornell Center on the Death Penalty

Worldwide, Jun. 19, 2017. Iyad Alqaisi, Research Report to the Cornell Center on

the Death Penalty Worldwide, Aug. 8, 2017.

245

Tanya Murshed, affiliated with Evolve, Email to the Cornell Center on the Death

Penalty Worldwide, Mar. 28, 2015. Tanya Murshed, affiliated with Evolve, Interview

with the Cornell Center on the Death Penalty Worldwide, Mar. 18, 2015.

246

Vijay Hiermath, criminal defense lawyer, Interview with the Cornell Center on the

Death Penalty Worldwide, Jan. 28, 2015.

247

Teng Biao, Interview with the Cornell Center on the Death Penalty Worldwide,

Jul. 20, 2017.

248

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 9, 2017.

249

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Aug. 8, 2017.

250

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty Worldwide, Nov. 8, 2017.

251

In the United States, at least three states keep their sole female death row

inmate isolated in solitary confinement. Cassandra Abernathy, Research Report to

the Cornell Center on the Death Penalty Worldwide, May 2018. Q&A: How are

Death Row Inmates Treated Differently from Regular Prisoners?, Tampa Bay

Times, http://www.tampabay.com/news/humaninterest/qampa-how-are-death-row-

inmates-treated-differently-from-regular-prisoners/1213865, Feb. 5, 2012.

252

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty Worldwide, Nov. 8, 2017.

253

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 9, 2017.

254

Penal Reform Intl., Women in Prison: Incarcerated in a Man’s World, Penal

Reform Briefing, No. 3, 2008.

255

Cheryl Sembie, Interview with the Cornell Center on the Death Penalty

Worldwide, Jun. 26, 2018.

256

Maiko Tagusari, affiliated with Center for Prisoners’ Rights, Interview with the

Cornell Center on the Death Penalty Worldwide, Mar. 6, 2015.

257

Danthong Breen, affiliated with Union of Civil Liberties, Interview with the

Cornell Center on the Death Penalty Worldwide, Mar. 23, 2015. Anonymous

Source, Interview with the Cornell Center on the Death Penalty Worldwide, Feb.

2016.

258

Anonymous Source, Interview with the Cornell Center on the Death Penalty

Worldwide, Mar. 20, 2015.

259

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul.–Aug. 2017.

260

Anonymous Source, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul. 19, 2017.

261

Pamela Okoroigwe, Noel Brown, Abiodun Odusote, Interview with the Cornell

Center on the Death Penalty Worldwide, Jun. 19, 2017.

262

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 9, 2017.

263

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Aug. 8, 2017.

264

Rosemary Barberet, Women, Crime and Criminal Justice: A Global Enquiry, p.

165, Routledge, 2014.

265

Ibid.

266

Stephanie M. Topp et al., Health and healthcare access among Zambia’s

female prisoners: a health systems analysis, Intl. Journal for Equity in Health,

Vol.15: 157, Sept. 26, 2016.

267

U.N. Economic and Social Council, United Nations Rules for the Treatment of

Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok

Rules), Resolution 2010/16, U.N. Doc. A/RES/65/229, Mar. 16, 2011.

268

U.N. Office on Drugs and Crime, The United Nations Standard Minimum Rules

for The Treatment of Prisoners (the Nelson Mandela Rules), Rule 81, U.N. Doc.

A/Res/70/175, Dec. 17, 2015.

269

Nicola Macbean, affiliated with the Rights Practice, Interview with the Cornell

Center on the Death Penalty Worldwide, Mar. 10, 2015.

270

Johnson John Mbwambo, Legal and Human Rights Centre, Tanzania, Interview

with the Cornell Center on the Death Penalty Worldwide, Jun. 14, 2017.

271

Maryam Hosseinkhah, The Execution of Women in Iranian Criminal Law: an

Examination of the Impact of Gender on Laws Concerning Capital Punishment in

the New Islamic Penal Code, Iran Human Rights Documentation Center,

http://www.iranhrdc.org/english/publications/legal-commentary/1000000102-the-

execution-of-women-in-iranian-criminal-law.html, May 7, 2012.

272

Shamas Jalil, affiliated with Strengthening Participatory Organization, Interview

with Justice Project Pakistan, Jul. 25, 2017, cited in Justice Project Pakistan,

Research Report to the Cornell Center on the Death Penalty Worldwide, Jul.-Aug.

2017. Anonymous Source, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul. 19, 2017.

273

Cassandra Abernathy, Research Report to the Cornell Center on the Death

Penalty Worldwide, May 2018. Pamela Okoroigwe, Noel Brown, Abiodun Odusote,

Interview with the Cornell Center on the Death Penalty Worldwide, Jun. 19, 2017.

274

For example, Arizona Dept. of Corrections, Death Row Information and

Frequently Asked Questions, https://corrections.az.gov/public-resources/death-

row/death-row-information-and-frequently-asked-questions, last accessed Jun. 28,

2018.

275

Angela Uwandu, Interview with the Cornell Center on the Death Penalty, Mar.

19, 2015.

276

Maiko Tagusari, affiliated with Center for Prisoners’ Rights, Interview with the

Cornell Center on the Death Penalty Worldwide, Mar. 6, 2015.

277

Anonymous Source, Interview with the Cornell Center on the Death Penalty

Worldwide, Mar. 20, 2015.

278

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty Worldwide, Nov. 8, 2017.

279

Bangkok Rule 46 provides that prisons have responsibility to design and

implement pre- and post-release reintegration programs, taking into account

women’s gender-specific needs. U.N. Office on Drugs and Crime, The Bangkok

Rules, Rule 46, A/RES/65/229, Mar. 16, 2011.

280

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 9, 2017.

281

Anonymous Source, Interview with the Cornell Center on the Death Penalty

Worldwide, Jun. 19, 2017.

282

Danthong Breen, affiliated with Union of Civil Liberties, Interview with the

Cornell Center on the Death Penalty Worldwide, Mar. 23, 2015.

283

Amnesty Intl., Locked Up and Forgotten: The Need to Abolish the Death

Penalty in Ghana, p. 6, ACT 50/6268/2017, Jul. 12, 2017.

284

Megha Mohan, Susan Kigula: The Woman Who Freed Herself and Hundreds

from Death Row, BBC News, https://www.bbc.com/news/stories-43739933, Apr. 13

2018.

285

Tanya Murshed, affiliated with Evolve, Interview with the Cornell Center on the

Death Penalty Worldwide, Mar. 18, 2015.

286

Ibid. Tanya Murshed, affiliated with Evolve, Email to the Cornell Center on the

Death Penalty Worldwide, Mar. 28, 2015.

Country Case Studies

India

287

National Law University Delhi Project 39A, Email to the Cornell Center on the

Death Penalty Worldwide, Jun. 25, 2018.

288

National Law University Delhi Project 39A, Prisoners currently under death

sentence, https://www.project39a.com, last accessed Aug. 17, 2018.

289

Cornell Center on the Death Penalty Worldwide, India,

https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=India,

Mar. 4, 2014.

290

BBC, India executes Mumbai bomb plotter Yakub Memon,

http://www.bbc.com/news/world-asia-india-33713407, Jul. 30, 2015.

291

National Law University Delhi Project 39A, Prisoners currently under death

sentence, https://www.project39a.com, last accessed Aug. 17, 2018.

292

National Law University Delhi Project 39A, Interview with the Cornell Center on

the Death Penalty Worldwide, Aug. 24, 2018.

293

National Law University Delhi Project 39A, Death Penalty India Report 2016,

Vol 1, p. 53, https://issuu.com/p39a/docs/dpir_volume_1, May 6, 2016.

294

Bacham Singh v. State of Punjab, para. 224, 1983(1) SCR 145(a), Supreme Ct.

of India, May 9, 1980.

295

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty, Jun. 30, 2018.

296

The Anti-Hijacking Act, 2016, sec. 4, Act No. 30 of 2016, May 13, 2016.

297

Criminal Law (Amendment) Act, 2013, sec. 376E, Act No. 13 of 2013, Apr. 2,

2013. Further, in August 2018, the Parliament of India passed legislation providing

for the death penalty for those convicted of raping a child under 12 years of age.

The Times of India, Parliament passes bill to provide death to child rape convicts,

http://timesofindia.indiatimes.com/articleshow/65296252.cms?utm_source=contento

finterest&utm_medium=text&utm_campaign=cppst, Aug. 6, 2018.

298

National Law University Delhi Project 39A, Interview with the Cornell Center on

the Death Penalty Worldwide, Aug. 24, 2018.

299

The Hindu, Death sentence upheld in Mumbai blasts case,

http://www.thehindu.com/news/national/Death-sentence-upheld-in-Mumbai-blasts-

case/article13302108.ece, Feb. 10, 2012. Aditi Raja, Bombay High Court upholds

death penalty for 3 convicts in 2003 twin blasts case, https://www.indiatoday.in/mail-

today/story/bombay-high-court-upholds-death-penalty-for-3-convicts-in-2003-blasts-

case-92706-2012-02-11, Feb. 11, 2012.

300

BBC, India court puts on hold sisters’ execution,

https://www.bbc.com/news/world-asia-india-28876186, Aug. 21, 2014.

301

Hindustan Times, Supreme Court stays couple’s execution in human sacrifice

case, https://www.hindustantimes.com/india-news/supreme-court-stays-couple-s-

execution-in-human-sacrifice-case/story-k8AqSmGMgeMr4i8ozKVzQJ.html, Aug.

17, 2017. The Times of India, HC admits plea by six death row convicts,

https://timesofindia.indiatimes.com/city/nagpur/hc-admits-plea-by-six-death-row-

convicts/articleshow/61107965.cms, Oct. 17, 2017.

302

National Law University Delhi Project 39A, Interview with the Cornell Center on

the Death Penalty Worldwide, Aug. 24, 2018.

303

Ibid.

304

India’s caste system divided Hindus into hierarchical groups based on their

dharma (duty) and karma (work). Caste dictated most aspects of religious and

social life in India for centuries. For instance, upper and lower castes lived in

segregated colonies and one could marry only within one’s caste. After

independence, the Constitution of India banned discrimination on the basis of caste,

and the government started affirmative action programs to correct historical

injustices and discrimination. In recent years, the influence of caste in social life has

declined, especially in cities where castes live together. Nevertheless, caste

identities and dynamics remain strong in many areas of the country. BBC, What is

India's caste system?, https://www.bbc.com/news/world-asia-india-35650616, Jul.

20, 2017.

305

Padmini Sivarajah, Honour killing: TN couple get death sentence, Times of

India, https://timesofindia

.indiatimes.com/city/chennai/honour-killing-tn-couple-get-death-

sentence/articleshow/56442880.cms, Jan. 10, 2017. The Independent, Killing in the

name of love: Seven funerals and a wedding,

https://www.independent.co.uk/news/world/asia/killing-in-the-name-of-love-seven-

funerals-and-a-wedding-1792302.html, Sept. 24, 2009. Uma Vishnu, Shabnam &

Saleem: The relationship that claimed seven lives of a family, Indian Express,

https://indianexpress.com/article/india/india-others/sunday-story-shabnam-saleem-

the-amroha-murders/, Jun. 7, 2015.

306

Linklaters LLP for Penal Reform Intl., Women who kill in response to domestic

violence: How do criminal justice systems respond?, p. 7, Penal Reform Intl.,

https://www.penalreform.org/wp-content/uploads/2016

/04/Women_who_kill_in_response_to_domestic_violence_Full_report.pdf, 2016.

See Anuj Jermi v. State by Inspector of Police, 3 MWN (Cr.) 161, Madras High Ct.,

Aug. 1, 2012. Rina Garh v. State of Assam, SCC OnLine Gau 424, Guwahati High

Ct., Feb. 22, 2013. Madhu Gupta v. State N.C.T. of Delhi, SCC OnLine Del 9228,

Delhi High Ct., Jul. 21, 2017.

307

Champa Rani Mondal v. State of West Bengal, (2000) 10 SCC 608, Supreme

Ct. of India, Sep. 16, 1998.

308

Madhu Gupta v. State N.C.T. of Delhi, para. 2, CRL.A. 357/2017, Delhi High

Ct., Jul. 21, 2017.

309

Linklaters LLP for Penal Reform International, Women who kill in response to

domestic violence: How do criminal justice systems respond?, p. 55, Penal Reform

International, https://www.penalreform.org/wp-

content/uploads/2016/04/Women_who_kill_in_response_to_domestic_violence_Full

_report.pdf, 2016.

310

India Prisons Act, sec. 30(2), Act IX of 1894, Jul. 1, 1894.

311

Sunil Batra v. Delhi Administration & Ors, para. 223, 4 SCC 494, Supreme Ct.

of India, Aug. 30, 1978.

312

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty, Nov. 8, 2017.

313

Ibid.

314

Dhrubo Jyoti & Roshni Nair, Tales from former inmates: What life is like in a

women’s jail in India, Hindustan Times, https://www.hindustantimes.com/india-

news/tales-from-former-inmates-what-life-is-like-in-a-women-s-jail-in-india/story-

UBBSj0N5yz2VskZpqgGiLK.html, Jul. 26, 2018.

315

Ibid.

316

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty, Nov. 8, 2017.

317

Ibid.

318

Ibid.

319

Ibid.

320

Ibid.

321

National Law University Delhi Project 39A, Interview with the Cornell Center on

the Death Penalty Worldwide, Aug. 24, 2018.

322

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty, Nov. 8, 2017.

323

The Model Prison Manual of India was approved in 2016 with the objective to

unify rules and regulations governing the administration and management of

prisoners in India. Neeraj Santoshi, With new prison manual out, state mulls

amendments to its prison rules, Hindustan Times,

https://www.hindustantimes.com/bhopal/with-new-prison-manual-out-state-mulls-

amendments-to-its-prison-rules/story-6FVp7IcUVsOT0gWzztBaaP.html, Nov. 9,

2016.

324

National Law University Delhi Project 39A, Research Report to the Cornell

Center on the Death Penalty, Nov. 8, 2017. Dhrubo Jyoti & Roshni Nair, Tales from

former inmates: What life is like in a women’s jail in India, Hindustan Times,

https://www.hindustantimes.com/india-news/tales-from-former-inmates-what-life-is-

like-in-a-women-s-jail-in-india/story-UBBSj0N5yz2VskZpqgGiLK.html, Jul. 26, 2018.

325

Name changed to safeguard the prisoner’s anonymity.

326

Court documents provided by lawyers who have requested to remain

anonymous.

327

Court documents provided by lawyers who have requested to remain

anonymous.

328

Court documents provided by lawyers who have requested to remain

anonymous.

Indonesia

329

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017.

330

Ibid.

331

Ibid.

332

Amnesty Intl., Death Sentences and Executions in 2016, p. 5, ACT

50/5740/2017, Apr. 11, 2017.

333

Amnesty Intl., Death Sentences and Executions in 2017, p. 9, ACT

50/7955/2018, Apr. 12, 2018.

334

Penal Code of Indonesia, art. 340, 1915, as amended to May 19, 1999.

335

Ibid. at arts. 362, 365.

336

Law on Narcotics of Indonesia, arts. 113, 114, 116, 118, 119, 121, 133, Law

No. 35 of 2009, Oct. 12, 2009.

337

Law on the Eradication of Corruption of Indonesia, art. 2(2), Law No. 31 of

1999, as amended by Law No. 20 of 2001.

338

Penal Code of Indonesia, arts. 438-441, 444, 479, 1915, as amended to May

19, 1999.

339

In 2017, 33 out of 47 death sentences were imposed for drug related offenses

and 14 for murder. Amnesty Intl., Death Sentences and Executions 2017, p. 21,

ACT 50/7955/2018, Apr. 12, 2018.

340

Amnesty Intl., Indonesia: First execution in four years “shocking and

regressive”, www.amnesty.org/en/latest/news/2013/03/indonesia-first-execution-

four-years-shocking-and-regressive/, Mar. 15, 2013.

341

Amnesty Intl., Death Sentences and Executions in 2013, p. 7,

ACT/50/001/2014, Mar. 27, 2014. Amnesty Intl., Flawed Justice: Unfair Trials and

the Death Penalty in Indonesia, pp. 27–29, ASA 21/2434/2015, Oct. 15, 2015.

Amnesty Intl., Death Sentences and Executions in 2016, p. 21, ACT/50/5740/2017,

Apr. 11, 2017. Penal Code of Indonesia, art. 11, Law No. 732 of 1915, as amended

by Law No. 27 of 1999, May 19, 1999. LBH Masyarakat, Research Report to the

Cornell Center on the Death Penalty Worldwide, Sep. 25, 2017.

342

Bridie Jabour, Joko Widodo defends death penalty as 'positive' for Indonesia,

The Guardian, https://www.theguardian.com/world/2015/may/10/joko-widodo-

defends-death-penalty-as-positive-for-indonesia, May 5, 2015. Later in 2016,

Widodo started talking about rethinking the death penalty in Indonesia and moving

towards abolition. Phelim Kine, Indonesia President Jokowi May Rethink Death

Penalty Policy, Human Rights Watch,

https://www.hrw.org/news/2016/11/10/indonesia-president-jokowi-may-rethink-

death-penalty-policy, Nov. 10, 2016.

343

Kate Lamb, Indonesia kills four prisoners in first executions in a year, The

Guardian, www.theguardian.com/world/2016/jul/28/indonesia-mass-execution-

prisoners, Jul. 29, 2016.

344

Amnesty Intl., Death Sentences and Executions in 2017, p. 21, ACT

50/7955/2018, Apr. 12, 2018.

345

Jennifer Fleetwood and Lizzie Seal, Women, Drugs and the Death Penalty:

Framing Sandiford, p.373, The Howard Journal of Crime and Justice, Vol. 56 No.3,

doi:10.1111/hojo.12215, Sept. 2017.

346

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017.

347

Ibid.

348

Ibid.

349

Jennifer Fleetwood and Lizzie Seal, Women, Drugs and the Death Penalty:

Framing Sandiford, p.373, The Howard Journal of Crime and Justice, Vol. 56 No.3,

doi:10.1111/hojo.12215, Sept. 2017.

350

Ibid.

351

Name changed to safeguard the prisoner’s anonymity.

352

Ibid.

353

LBH Masyarakat, Research Report to the Cornell Center on the Death Penalty

Worldwide, Sep. 25, 2017.

Jordan

354

Iyad Alqaisi, Email to the Cornell Center on the Death Penalty Worldwide, Jun.

27, 2018.

355

Iyad Alqaisi, Email to the Cornell Center on the Death Penalty Worldwide, Oct.

11, 2017, citing figures obtained from Official from Dept. of Correction and

Rehabilitation Centers on Oct. 10, 2017.

356

Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015,

Mar. 31, 2015. AFP, Jordan hangs 11 men after eight-year halt to death penalty,

The Guardian, www.theguardian.com/world/2014/dec/21/jordan-hangs-11-men-

death-penalty, Dec. 21, 2014.

357

Eleven people were executed in 2014, two people were executed in 2015, none

in 2016, and 15 are known to have been executed as of Nov. 2017. Amnesty Intl.,

Death Sentences and Executions in 2014, p. 5, ACT 50/001/2015, Mar. 31, 2015.

Amnesty Intl., Death Sentences and Executions in 2015, p. 6, ACT 50/3487/2016,

Apr. 6, 2016. Amnesty Intl., Death Sentences and Executions in 2016, p. 30, ACT

50/5740/2017, Apr. 11, 2017. Amnesty Intl., Death Sentences and Executions in

2017, p. 32, ACT 50/7955/2018, Apr. 12, 2018.

358

Amnesty Intl., Killing of Jordanian pilot ‘abhorrent’ but ‘revenge executions’ not

the answer, https://www.amnesty.org/en/latest/news/2015/02/killing-jordanian-pilot-

abhorrent-revenge-executions-not-answer, Feb. 4, 2015.

359

Al Jazeera, Jordan Hangs 15 Convicts at Dawn, Most in Years,

www.aljazeera.com/news/2017/03/jordan-hangs-15-convicts-dawn-years-

170304065547230.html, Mar. 4, 2017.

360

Cornell Center on the Death Penalty Worldwide, Death Penalty Database:

Jordan, http://www.deathpenaltyworldwide.org/country-search-

post.cfm?country=Jordan, Jun. 28, 2013.

361

Amnesty Intl., Death Sentences and Executions in 2014, p. 11, ACT

50/001/2015, Mar. 31, 2015. Amnesty Intl., Death Sentences and Executions in

2015, p. 11, ACT 50/3487/2016, Apr. 6, 2016. Amnesty Intl., Death Sentences and

Executions in 2017, p. 32, ACT 50/7955/2018, Apr. 12, 2018.

362

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Aug. 8, 2017.

363

Ibid.

364

Iyad Alqaisi, Email to the Cornell Center on the Death Penalty Worldwide, May

31, 2018.

365

See section V of this report: Women in Vulnerable Situations Facing the Death

Penalty.

366

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Aug. 8, 2017.

367

Jordan Penal Code, art. 340, Law No. 16 of 1960, Nov. 5, 1960.

368

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Jul. 02, 2018.

369

Jordan Penal Code, arts. 97-98, Law No. 16 of 1960, Nov. 5, 1960.

370

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Aug. 8, 2017.

371

Ibid.

372

Ibid.

373

Ibid.

374

U.N. Committee Against Torture, Concluding Observations on the Third

Periodic Report of Jordan, p. 9, CAT/C/JOR/CO/3, Jan. 29, 2016.

375

Jo Baker and Elna Søndergaard, Conditions for Women in Detention in Jordan:

Needs, vulnerabilities and good practices, p. 25, DIGNITY Publication Series on

Torture and Organised Violence, No. 9, 2015.

376

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Aug. 8, 2017.

377

Ibid.

378

Jo Baker and Elna Søndergaard, Conditions for Women in Detention in Jordan:

Needs, vulnerabilities and good practices, p. 32, DIGNITY Publication Series on

Torture and Organised Violence, No. 9, 2015.

379

National Centre for Human Rights, The Status of Female Inmates at Reform

and Rehabilitation Centers in Jordan, pp. 35-36,

http://jordan.unwomen.org/~/media/field%20office%20jordan/attachments/what-we-

do/evaw/status%20of%20female%20inmates.pdf, Sep. 2014.

380

Iyad Alqaisi, Research Report to the Cornell Center on the Death Penalty

Worldwide, Aug. 8, 2017.

381

All names have been changed for anonymity.

Malawi

382

All four women were released through a multi-year re-sentencing project arising

from the Kafantayeni judgment in 2007. Sandra Babcock, Director of the

International Human Rights Clinic at Cornell Law School, Interview with Cornell

Center on the Death Penalty Worldwide, Aug. 23, 2018.

383

Ibid.

384

Amnesty Intl., Death Sentences and Executions in 2014, p. 65, ACT

50/001/2015, Mar. 31, 2015.

385

Cornell Center on the Death Penalty Worldwide, Justice Denied: A Global

Study of Wrongful Death Row Convictions, p. 34,

http://www.deathpenaltyworldwide.org/pdf/innocence_clinic_report_2018_R4_final.p

df, Jan. 2018.

386

Anonymous Source, Research Report to the Cornell Center on the Death

Penalty, Jul. 19, 2017.

387

Ibid.

388

Michael Mambo, Muna Meky, Nobuyuki Tanaka & Jamil Salmi, Improving

Higher Education in Malawi for Competitiveness in the Global Economy, p. 8, World

Bank Group, 2016. Anonymous Source, Research Report to the Cornell Center on

the Death Penalty, Jul. 19, 2017.

389

World Bank, Literacy rate adult female (% of females ages 15 and above),

https://data.worldbank.org/indicator/

SE.ADT.LITR.FE.ZS?locations=MW&view=chart, last accessed Apr. 11, 2018.

390

Human Rights Watch, Child Marriage in Malawi,

https://www.hrw.org/report/2014/03/06/ive-never-experienced-happiness/child-

marriage-malawi, Mar. 6, 2014.

391

Julinda Beqiraj and Lawrence McNamara, International Access to Justice –

Legal Aid for the Accused and Redress for Victims of Violence: A Report by the

Bingham Centre for the Rule of Law, p. 23, Bingham Centre for the Rule of Law,

https://www.ibanet.org/Document/Default.aspx?DocumentUid=34DF3894-3BC7-

484A-9ADE-97BE778321E5, Oct. 2015. Anonymous Source, Research Report to

the Cornell Center on the Death Penalty, Jul. 19, 2017.

392

Kafantayeni and Others v. Attorney General, Constitutional Case No. 12 of

2005, High Ct. of Malawi, 2007.

393

Chimenya v. The Republic, p. 5, MSCA Crim. App. No. 8 of 2006, Supreme Ct.

of Appeal at Blantyre, 2009.

394

Malawi Penal Code, secs. 38, 210, Act 22 of 1929, Laws of Malawi Ch. 7:01, as

amended through to 2012.

395

Sandra Babcock, Director of the International Human Rights Clinic at Cornell

Law School, Interview with Cornell Center on the Death Penalty Worldwide, Aug.

23, 2018.

396

Anonymous Source, Research Report to the Cornell Center on the Death

Penalty, Jul. 19, 2017.

397

Annie Chikusa, Prison Guard at Zomba Central Prison, Interview with the

Cornell Center on the Death Penalty Worldwide, Jul. 18, 2017.

398

Ibid.

399

Alice Nungu, prisoner at Zomba Prison, Interview with the Cornell Center on the

Death Penalty Worldwide, Mar. 21, 2010.

400

Tamer Massalha, Memo to the Cornell Center on the Death Penalty Worldwide,

Mar. 10, 2014.

401

Reprieve, Immediate release in Malawi, https://reprieve.org.uk/alice-nungu-

immediate-release-in-malawi/, last accessed Aug. 17, 2018.

402

Alice Nungu, prisoner at Zomba Prison, Interview with the Cornell Center on the

Death Penalty Worldwide, Mar. 21, 2010.

Pakistan

403

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul.–Aug. 2017.

404

BBC News, Pakistan ends death penalty suspension after seven years,

http://www.bbc.com/news/world-asia-31812177, Mar. 10, 2015. Initially, the

moratorium was only lifted for terrorism cases in November 2015. The moratorium

was then lifted for all capital cases in March 2015. Justice Project Pakistan and

Allard K. Lowenstein International Human Rights Clinic, A “Most Serious Crime”

Pakistan’s Unlawful Use of the Death Penalty,

https://law.yale.edu/system/files/area/center/schell/2016_09_23_pub_dp_report.pdf,

Sep. 2016.

405

Justice Project Pakistan, Interview with the Cornell Center on the Death Penalty

Worldwide, Aug. 27, 2018.

406

Justice Project Pakistan, Death Row, http://www.jpp.org.pk/death-row/, last

accessed Aug. 15, 2018.

407

Justice Project Pakistan, Interview with the Cornell Center on the Death Penalty

Worldwide, Aug. 27, 2018.

408

The most notorious case in Pakistan is the one involving Asia Bibi, who was

convicted for blasphemy in 2010. Bibi is a Christian mother and farmworker in

Pakistan, and was accused by her Muslim co-worker of making derogatory

comments about the Muslim prophet Mohammed. The case received national

attention because it exemplifies how the charge has been deployed to intimidate

religious minorities. Two politicians, a federal minister and provincial governor, who

condemned Bibi’s treatment were murdered by right wing fanatics. Bibi’s death

sentence has been appealed, and she awaits final determination after many delays.

Zoya Mateen, It’s Been 9 Years Since Asia Bibi Was Arrested On Blasphemy

Charges For Sharing Water With Muslim Women, News 18,

https://www.news18.com/news/buzz/its-been-9-years-since-asia-bibi-was-arrested-

on-blasphemy-charges-for-sharing-water-with-muslim-women-1783129.html, Jun.

19, 2018.

409

Justice Project Pakistan, Interview with the Cornell Center on the Death Penalty

Worldwide, Aug. 27, 2018.

410

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul.–Aug. 2017.

411

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul.–Aug. 2017.

412

Ibid. The prisoner interviewed was sentenced to death in 2011 by the Anti-

Terrorism Court, which she immediately appealed. Her case has not yet been heard

by the appellate court, the High Court.

413

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul.–Aug. 2017.

414

Haseeb Bhatti, Supreme Court Acquits Three People on Murder Charges in

2009 Case, Dawn, https://www.dawn.com/news/1351899, Aug. 16, 2017.

415

Durdana Najam, Torture rampant in Pakistan jails, police cells: rights experts,

News Lens, http://www.newslens.pk/custodial-torture-used-with-impunity-by-law-

enforcers-due-to-legal-gaps/, Jun. 1, 2016.

416

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul.–Aug. 2017.

417

Ibid.

418

Ibid. Citing to Mst. Nishat Shaheen, 2005 YLR 1691, Lahore and Sumaira

Ashraf vs. The State, 2013 MLD 1197 Lahore.

419

Ibid.

420

Ibid.

421

Ibid.

422

Ibid.

423

Reprieve, Khadija Shah, https://reprieve.org.uk/case-study/khadija-shah, last

accessed Aug. 21, 2018.

424

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Jul.–Aug. 2017.

425

Ibid.

426

Sher Muhammad, ‘Mr President, Grant Mercy to My daughter Who Was

Tortured into a False Murder Confession’, Dawn,

https://www.dawn.com/news/1400952, Apr 21, 2018.

427

Justice Project Pakistan, Interview with the Cornell Center on the Death Penalty

Worldwide, Briefing on Kanizan Bibi, Jul. 23, 2015.

428

Sher Muhammad, ‘Mr President, Grant Mercy to My daughter Who Was

Tortured into a False Murder Confession’, Dawn,

https://www.dawn.com/news/1400952, Apr 21, 2018.

429

Rana Tanveer, Will Kanizan Be the First Woman to be Executed?, The Express

Tribune, https://tribune.com.pk/story/908184/will-kanizan-be-the-first-woman-to-be-

executed, Jun. 23, 2015.

430

Sher Muhammad, ‘Mr President, Grant Mercy to My daughter Who Was

Tortured into a False Murder Confession’, Dawn,

https://www.dawn.com/news/1400952, Apr 21, 2018.

431

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Aug. 4, 2017.

432

Sher Muhammad, 'Mr President, grant mercy to my daughter who was tortured

into a false murder confession', Dawn, https://www.dawn.com/news/1400952, Apr.

21, 2018.

433

Justice Project Pakistan, Research Report to the Cornell Center on the Death

Penalty Worldwide, Aug. 4, 2017.

United States of America

434

National Association for the Advancement of Colored People, Death Row

U.S.A. Fall 2017, http://www.naacpldf.org/files/case_issue/DRUSAFall2017_.pdf,

Oct. 1, 2017. The states with women on death row are: Alabama (5); Arizona (3);

California (22); Florida (3); Idaho (1); Indiana (1); Kentucky (1); Louisiana (1);

Mississippi (1); North Carolina (3); Ohio (1); Oklahoma (1); Oregon (1);

Pennsylvania (2); Tennessee (1); Texas (6); and the Federal U.S. Government (1).

435

Amnesty Intl., The Death Penalty in 2017: Facts and Figures,

https://www.amnesty.org/en/latest/news/2018/04

/death-penalty-facts-and-figures-2017/, Apr. 12, 2018.

436

Ibid.

437

National Association for the Advancement of Colored People, Death Row

U.S.A. Fall 2017, http://www.naacpldf.org/files/case_issue/DRUSAFall2017_.pdf,

Oct. 1, 2017.

438

Death Penalty Information Center, Women and the Death Penalty,

https://deathpenaltyinfo.org/women-and-death-penalty, last accessed Aug.7, 2018.

439

Ibid.

440

Ibid.

441

Ibid.

442

Ibid.

443

Death Penalty Information Center, Women and the Death Penalty,

https://deathpenaltyinfo.org/women-and-death-penalty, last accessed Aug.7, 2018.

444

Tex. Dept. of Criminal Justice, Death Row Information,

https://www.tdcj.state.tx.us/death_row/dr_women_on_dr.html, last updated on Jul.

14, 2015.

445

Death Penalty Information Center, Women and the Death Penalty,

https://deathpenaltyinfo.org/women-and-death-penalty, last accessed Aug.7, 2018.

446

National Association for the Advancement of Colored People, Death Row

U.S.A. Fall 2017, http://www.naacpldf.org/files/case_issue/DRUSAFall2017_.pdf,

Oct. 1, 2017. The states with a single woman on death row are Idaho, Indiana,

Kentucky, Louisiana, Mississippi, Ohio, Oklahoma, Oregon, and Tennessee.

447

Women’s state prison populations grew 834% between 1978 and 2015, which

represents more than double the growth rate among men (367%). In the past 40

years, women—who typically engage in less serious offenses such as drug

possession—have been disproportionately affected by harsher drug enforcement

policies and policing strategies. Wendy Sawyer, The Gender Divide: Tracking

Women's State Prison Growth, The Prison Policy Initiative,

https://www.prisonpolicy.org/reports/women_overtime.html#localjails, Jan. 9, 2018.

448

Death Penalty Information Center, Podcast: Women and the Death Penalty with

Professor Mary Atwell, min. 15:00,

https://deathpenaltyinfo.org/podcast/audio/discussions/discussions-e6.mp3, Mar.

24, 2017.

449

Ibid. at min. 19:00.

450

Death Penalty Information Center, Women and the Death Penalty,

https://deathpenaltyinfo.org/women-and-death-penalty, last accessed Aug. 14,

2018.

451

Ibid.

452

Ibid.

453

Ibid.

454

Death Penalty Information Center, Podcast: Women and the Death Penalty with

Professor Mary Welek Atwell, min. 32:00,

https://deathpenaltyinfo.org/podcast/audio/discussions/discussions-e6.mp3, Mar.

24, 2017.

455

Ibid. at min. 6:30. Mary Welek Atwell, “Why So Few and Why Theses Few?

Gender and Criminology, p. 18, in Wretched Sisters: Examining Gender and Capital

Punishment, Peter Land Publishing, 2nd Edition, 2014.

456

BBC, Oklahoma woman faces execution,

http://news.bbc.co.uk/2/hi/americas/1306589.stm, May. 1, 2001.

457

CNN, Florida court denies appeal to killer known as 'black widow',

http://www.cnn.com/US/9803/27/black.widow/index.html, Mar. 27, 1998.

458

Death Penalty Information Center, Podcast: Women and the Death Penalty with

Professor Mary Welek Atwell, min. 21:00,

https://deathpenaltyinfo.org/podcast/audio/discussions/discussions-e6.mp3, Mar.

24, 2017.

459

Death Penalty Information Center, Women and the Death Penalty,

https://deathpenaltyinfo.org/women-and-death-penalty, last accessed Aug. 14,

2018.

460

Ibid.

461

Frank R. Baumgartner et al., #BlackLivesDon’tMatter: Race-of-Victim Effects in

US Executions, 1976–2013, Politics, Groups, and Identities, Jan. 29, 2015.

462

David V. Baker, Women and Punishment in the United States: An Analytical

History, pp. 342–343, McFarland & Co., Inc., 2016.

463

Ibid.

464

Ibid.

465

American Civil Liberties Union, The Forgotten Population: A Look at Death Row

in the United States

Through the Experiences of Women (2004),

https://www.aclu.org/sites/default/files/FilesPDFs/womenondeathrow.pdf, last

accessed Jun. 24, 2018.

466

Meredith Simons and Robert Gavin, Texas Leads Nation in Prison Sex Abuse,

Houston Chronicle, https://www.chron.com/news/houston-texas/article/Texas-leads-

nation-in-prison-sex-abuse-1708170.php, Apr. 5, 2010.

467

Brandi Grissom, Suicides and Attempts on the Rise in Texas Prisons, Dallas

News, https://www.dallasnews.com/news/texas/2015/11/28/suicides-and-attempts-

on-the-rise-in-texas-prisons, Nov. 28, 2015.

468

University of Texas School of Law Human Rights Clinic, Designed to Break

You: Human Rights Violations on Texas’ Death Row, p. 16,

https://law.utexas.edu/wp-content/uploads/sites/11/2017/04/2017-HRC-

DesignedToBreakYou-Report.pdf, Apr. 2017.

469

Joe Goldenson et al., Central California Women’s Facility (CCWF) Health Care

Evaluation, p. 5, Dec. 11, 2013.

470

Julie K. Brown, Bartered sex, corruption and cover-ups behind bars in nation’s

largest women’s prison, The Miami Herald,

https://www.miamiherald.com/news/special-reports/florida-

prisons/article49175685.html, Dec. 13, 2015. See also Julie K. Brown, Meeting on

rapes, degradation at notorious Florida’s women’s prison draws a packed house,

The Miami Herald, https://www.miamiherald.com/news/special-reports/florida-

prisons/article216987885.html, Aug. 19, 2018.

471

Andrew v. State, 164 P.3d 176, 207, 2007, as corrected Jul. 9, 2007, opinion

corrected on denial of rehearing, 168 P.3d 1150.

472

Ibid. at 194.

473

Ibid. at 206. “That error, at its most egregious, includes a pattern of introducing

evidence that has no purpose other than to hammer home that Brenda Andrew is a

bad wife, a bad mother, and a bad woman. The jury was allowed to consider such

evidence, with no limiting instruction, in violation of the fundamental rule that a

defendant must be convicted, if at all, of the crime charged and not of being a bad

woman.”

474

Marc Bookman, Sex-Shamed To Death: How Oklahoma Prosecutors Used Sex

And Infidelity To Put A Woman On Death Row, In Justice Today,

https://medium.com/in-justice-today/sex-shamed-to-death-5a28cc7cf2fc,

Oct. 10, 2017.

475

States that sign into a treaty without ratification or accession are not bound by

the treaty, but are “obliged to refrain from acts that would defeat the object and the

purpose of the treaty.” Vienna Conv. on the Laws of Treaties, art. 18, 1155 U.N.T.S.

331, May 23, 1969.

476

Since 2007, the United Nations General Assembly has on seven occasions

adopted resolutions calling for a global moratorium on the use of the death penalty,

with the view towards its eventual abolition. While the resolution is non-binding,

States’ decisions to vote in favor, against, or abstain from voting offer a measure of

their commitment to continue implementing capital punishment. For states that

retain the death penalty in their laws, an abstention or against vote may signal their

willingness to consider long-term change. For state votes on the U.N.G.A.

Moratorium Resolution, see: U.N.G.A., 71st Session, Promotion and protection of

human rights: human rights questions, including alternative approaches for

improving the effective enjoyment of human rights and fundamental freedoms,

paras. 54–71, U.N. Doc. A/71/484/Add.2, Dec. 6, 2016 (2016 Resolution); U.N.G.A.,

69th Session, 73rd Plenary Meeting, pp. 17–18, U.N. Doc. A/69/PV.73, Dec. 18,

2014 (2014 Resolution); U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16–17,

U.N. Doc. A/67/PV.60, Dec. 20, 2012 (2012 Resolution); U.N.G.A., 65th Session,

71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010 (2010

Resolution); U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16–17, U.N. Doc.

A/63/PV.70, Dec. 18, 2008 (2008 Resolution);

U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16–17, U.N. Doc. A/62/PV.76,

Dec. 18, 2007 (2007 Resolution).

477

When the U.S. signed the ICCPR, it entered a number of reservations,

understandings and declarations, which restrict the application of its death penalty

provisions. For instance, one if its reservations states “that the United States

reserves the right, subject to its Constitutional constraints, to impose capital

punishment on any person (other than a pregnant woman) duly convicted under

existing or future laws permitting the imposition of capital punishment, including

such punishment for crimes committed by persons below eighteen years of age.”

Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966,

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-

4&chapter=4&lang=en, last accessed Aug. 13, 2018.

478

For state ratifications, see: ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, Status,

Declarations, and Reservations,

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-

4&chapter=4&lang=en, last accessed Aug. 23, 2018.

479

ICCPR, arts. 6, 14, 999 U.N.T.S. 171, Dec. 16, 1966.

480

ICCPR, arts. 6, 999 U.N.T.S. 171, Dec. 16, 1966.

481

For state ratifications, see: CAT, 1465 U.N.T.S. 85, Dec. 10, 1984, Status,

Declarations, and Reservations,

https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-

9&chapter=4&clang=_en, last accessed Aug. 23, 2018.

482

CAT, arts. 2, 4, 1465 U.N.T.S. 85, Dec. 10, 1984.

483

CAT, art. 11, 1465 U.N.T.S. 85, Dec. 10, 1984.

484

For state ratifications, see: CEDAW, 1249 U.N.T.S. 13, Dec. 18, 1979, Status,

Declarations, and Reservations,

https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-

8&chapter=4&clang=_en, last accessed Aug. 23, 2018.

485

CEDAW, art. 15, 1249 U.N.T.S. 13, Dec. 18, 1979.

486

CEDAW, art. 2(c), 1249 U.N.T.S. 13, Dec. 18, 1979.

487

For state ratifications, see: CRC, 1577 U.N.T.S. 3, Nov. 20, 1989, Status,

Declarations, and Reservations,

https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-

11&chapter=4&clang=_en, last accessed Aug. 23, 2018.

488

CRC, art. 37, 1577 U.N.T.S. 3, Nov. 20, 1989.

489

For state ratifications, see: African Commission on Human and Peoples’ Rights,

http://www.achpr.org/states/malawi/ratifications, last accessed Aug. 23, 2018.

490

ACHPR, art. 4, 1520 U.N.T.S. 217, Jun. 27, 1981

491

For state ratifications, see: African Commission on Human and Peoples’ Rights,

Ratification Table: Protocol to the African Charter on Human and Peoples’ Rights on

the Rights of Women in Africa, http://www.achpr.org/instruments/women-

protocol/ratification, last accessed Aug. 23, 2018.

492

Prot. to the ACHPR on the Rights of Women in Africa, art. 4,

http://www.achpr.org/instruments/women-protocol/, Jul. 11, 2003.