Does the Death Row Phenomenon Violate a Prisoner's Human Rights Under International Law?

Patrick Hudson

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Abstract

In countries retaining capital punishment, delay before execution is usually measured in years. A major cause of delay is the inmate's appeals to numerous tribunals. Excessive delay, even when caused by the prisoner, can form the basis of a human rights violation. The author points out that the human instinct to survive drives prisoners to appeal their death sentence. A state facilitating such a struggle may be in violation of human rights laws prohibiting cruel punishment. Specific cases demonstrate judicial acceptance of this doctrine, entitled the `death row phenomenon'. The author illustrates the inmates' arguments, and the evolution of the judicial response. The author concludes that the `death row phenomenon' is firmly established in international jurisprudence. The ramifications will pressure states to modify their procedures, or abandon capital punishment.

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