thank you very much thank you very much well you’ve seen the best TEDx speakers
well you’ve seen the best TEDx speakers
well you’ve seen the best TEDx speakers go and stand on that red spot I’m gonna
go and stand on that red spot I’m gonna
go and stand on that red spot I’m gonna hide behind this thing and pretend to be
hide behind this thing and pretend to be
hide behind this thing and pretend to be a clever lawyer and that makes you like
a clever lawyer and that makes you like
a clever lawyer and that makes you like Judge Judy so I want to start if I can
Judge Judy so I want to start if I can
Judge Judy so I want to start if I can make this work
make this work
make this work with this we’ll do it with that image
with this we’ll do it with that image
with this we’ll do it with that image it’s a photo I took last year it may
it’s a photo I took last year it may
it’s a photo I took last year it may look like something like an abandoned
look like something like an abandoned
look like something like an abandoned bus shelter in Doncaster or a storeroom
bus shelter in Doncaster or a storeroom
bus shelter in Doncaster or a storeroom that’s fallen into neglect but it’s
that’s fallen into neglect but it’s
that’s fallen into neglect but it’s actually something much more interesting
actually something much more interesting
actually something much more interesting that we’re in the believe Central Prison
that we’re in the believe Central Prison
that we’re in the believe Central Prison there and it’s an image that for me
there and it’s an image that for me
there and it’s an image that for me combines feelings of horror with
combines feelings of horror with
combines feelings of horror with satisfaction as the best way I can put
satisfaction as the best way I can put
satisfaction as the best way I can put it and I’ll explain what I mean by that
it and I’ll explain what I mean by that
it and I’ll explain what I mean by that in a moment but I want to talk to you
in a moment but I want to talk to you
in a moment but I want to talk to you tonight about the death penalty and in
tonight about the death penalty and in
tonight about the death penalty and in particular the use of the mandatory
particular the use of the mandatory
particular the use of the mandatory death penalty as a form of punishment at
death penalty as a form of punishment at
death penalty as a form of punishment at the end of the criminal trial now the
the end of the criminal trial now the
the end of the criminal trial now the mandatory death penalty means that and
mandatory death penalty means that and
mandatory death penalty means that and everybody who’s convicted of a
everybody who’s convicted of a
everybody who’s convicted of a particular offense and normally it’s
particular offense and normally it’s
particular offense and normally it’s going to be murder is given that the
going to be murder is given that the
going to be murder is given that the same sentence of death so the sentence
same sentence of death so the sentence
same sentence of death so the sentence is automatic it doesn’t matter what the
is automatic it doesn’t matter what the
is automatic it doesn’t matter what the circumstances of the offense were and it
circumstances of the offense were and it
circumstances of the offense were and it doesn’t matter what the circumstances of
doesn’t matter what the circumstances of
doesn’t matter what the circumstances of the offender are the only sentence is
the offender are the only sentence is
the offender are the only sentence is death I’m not going to talk about the
death I’m not going to talk about the
death I’m not going to talk about the merits or the demerits the death penalty
merits or the demerits the death penalty
merits or the demerits the death penalty itself that’s a whole other topic and
itself that’s a whole other topic and
itself that’s a whole other topic and I’d happily come back another day and
I’d happily come back another day and
I’d happily come back another day and talk to you about that but by the end of
talk to you about that but by the end of
talk to you about that but by the end of my talk about a long time before then
my talk about a long time before then
my talk about a long time before then you’ll have worked out I think where I
you’ll have worked out I think where I
you’ll have worked out I think where I stand on that the death penalty itself
stand on that the death penalty itself
stand on that the death penalty itself is alive not particularly well and in
is alive not particularly well and in
is alive not particularly well and in some parts of the world as you’ve just
some parts of the world as you’ve just
some parts of the world as you’ve just heard it’s still used a great deal the
heard it’s still used a great deal the
heard it’s still used a great deal the number of countries that still use a
number of countries that still use a
number of countries that still use a death penalty has in fact fallen quite
death penalty has in fact fallen quite
death penalty has in fact fallen quite significantly in the last few decades
significantly in the last few decades
significantly in the last few decades and in many of the countries that still
and in many of the countries that still
and in many of the countries that still execute people like America and China
execute people like America and China
execute people like America and China China by the way accounts for more than
China by the way accounts for more than
China by the way accounts for more than all the other countries in the world put
all the other countries in the world put
all the other countries in the world put together probably by several times of
together probably by several times of
together probably by several times of people executed but in all of those
people executed but in all of those
people executed but in all of those countries they’re still executing people
countries they’re still executing people
countries they’re still executing people and many of them
and many of them
and many of them the number of people being executed has
the number of people being executed has
the number of people being executed has in fact fallen quite significantly in
in fact fallen quite significantly in
in fact fallen quite significantly in recent years – and they’re an extra
recent years – and they’re an extra
recent years – and they’re an extra element of the picture is that in many
element of the picture is that in many
element of the picture is that in many countries that still have the death
countries that still have the death
countries that still have the death penalty in their laws they’re not
penalty in their laws they’re not
penalty in their laws they’re not actually carrying out executions and
actually carrying out executions and
actually carrying out executions and there haven’t been any executions in
there haven’t been any executions in
there haven’t been any executions in Belize for instance and the countries I
Belize for instance and the countries I
Belize for instance and the countries I work in in Africa for four decades so
work in in Africa for four decades so
work in in Africa for four decades so the position is changing but we still
the position is changing but we still
the position is changing but we still have the death penalty existing in many
have the death penalty existing in many
have the death penalty existing in many different parts of the world and this is
different parts of the world and this is
different parts of the world and this is a map produced by Amnesty International
a map produced by Amnesty International
a map produced by Amnesty International I’m sure you know that Amnesty
I’m sure you know that Amnesty
I’m sure you know that Amnesty International is one of the leading
International is one of the leading
International is one of the leading human rights organizations in the world
human rights organizations in the world
human rights organizations in the world I don’t work with them in the Soviet
I don’t work with them in the Soviet
I don’t work with them in the Soviet Union when it still existed in other
Union when it still existed in other
Union when it still existed in other parts of that part of the world and
parts of that part of the world and
parts of that part of the world and their map shows various things that have
their map shows various things that have
their map shows various things that have been happening so the countries in blue
been happening so the countries in blue
been happening so the countries in blue and in sort of yellowy dirty yellow
and in sort of yellowy dirty yellow
and in sort of yellowy dirty yellow color those countries have abolished the
color those countries have abolished the
color those countries have abolished the death penalty completely in their laws
death penalty completely in their laws
death penalty completely in their laws or almost completely filled to all
or almost completely filled to all
or almost completely filled to all effects for all purposes been abolished
effects for all purposes been abolished
effects for all purposes been abolished the country is in Orange a countries
the country is in Orange a countries
the country is in Orange a countries that have the death penalty on their
that have the death penalty on their
that have the death penalty on their books in the laws but are not actually
books in the laws but are not actually
books in the laws but are not actually carrying out constitutions so they’re
carrying out constitutions so they’re
carrying out constitutions so they’re called de facto abolitionist countries
called de facto abolitionist countries
called de facto abolitionist countries and it’s the dirty brown whatever you
and it’s the dirty brown whatever you
and it’s the dirty brown whatever you want to call that other color that’s
want to call that other color that’s
want to call that other color that’s where people are still being executed so
where people are still being executed so
where people are still being executed so and that’s the overview of the position
and that’s the overview of the position
and that’s the overview of the position at the moment but the next thing that I
at the moment but the next thing that I
at the moment but the next thing that I wanted to look at is really a bit of a
wanted to look at is really a bit of a
wanted to look at is really a bit of a history story and that’s about the
history story and that’s about the
history story and that’s about the mandatory death penalty it’s tell from
mandatory death penalty it’s tell from
mandatory death penalty it’s tell from the story of the mandatory death penalty
the story of the mandatory death penalty
the story of the mandatory death penalty begins right here in England so you
begins right here in England so you
begins right here in England so you heard just now that we abolished the
heard just now that we abolished the
heard just now that we abolished the death penalty in 1965 50 50 years ago 50
death penalty in 1965 50 50 years ago 50
death penalty in 1965 50 50 years ago 50 odd years ago but until then the death
odd years ago but until then the death
odd years ago but until then the death penalty had been the only punishment for
penalty had been the only punishment for
penalty had been the only punishment for murder for hundreds of years this map
murder for hundreds of years this map
murder for hundreds of years this map here as you may have guessed is a map of
here as you may have guessed is a map of
here as you may have guessed is a map of our great British Empire at its maximum
our great British Empire at its maximum
our great British Empire at its maximum extent and as the Empire extended the
extent and as the Empire extended the
extent and as the Empire extended the countries that we colonized acquired
countries that we colonized acquired
countries that we colonized acquired legal systems that were based on the
legal systems that were based on the
legal systems that were based on the legal system of England and as part of
legal system of England and as part of
legal system of England and as part of that process we exported the mandatory
that process we exported the mandatory
that process we exported the mandatory death penalty from England
death penalty from England
death penalty from England and for murder and for certain other
and for murder and for certain other
and for murder and for certain other offenses right across the empire the
offenses right across the empire the
offenses right across the empire the manager death bounty was also a feature
manager death bounty was also a feature
manager death bounty was also a feature in the United States although the
in the United States although the
in the United States although the situation wasn’t the same in all the
situation wasn’t the same in all the
situation wasn’t the same in all the different states of the United States
different states of the United States
different states of the United States and it still isn’t the same as some a
and it still isn’t the same as some a
and it still isn’t the same as some a significant differences so for instance
significant differences so for instance
significant differences so for instance when you looked at the map before you
when you looked at the map before you
when you looked at the map before you saw a big blob of Alaska as having the
saw a big blob of Alaska as having the
saw a big blob of Alaska as having the death penalty the state of Alaska hasn’t
death penalty the state of Alaska hasn’t
death penalty the state of Alaska hasn’t executed anyone for a very long time but
executed anyone for a very long time but
executed anyone for a very long time but because all part of the United States it
because all part of the United States it
because all part of the United States it gets covered in that color
gets covered in that color
gets covered in that color anyway so when the British colonies
anyway so when the British colonies
anyway so when the British colonies became independent in the 20th century
became independent in the 20th century
became independent in the 20th century the countries of the British Empire
the countries of the British Empire
the countries of the British Empire became independent in the 20th century
became independent in the 20th century
became independent in the 20th century they kept their colonial criminal laws
they kept their colonial criminal laws
they kept their colonial criminal laws and even today most countries that
and even today most countries that
and even today most countries that inherited the mandatory death penalty
inherited the mandatory death penalty
inherited the mandatory death penalty still have it in their laws although
still have it in their laws although
still have it in their laws although again many of them don’t carry it out in
again many of them don’t carry it out in
again many of them don’t carry it out in practice and one of those countries was
practice and one of those countries was
practice and one of those countries was Belize the story in Belize that I’ve
Belize the story in Belize that I’ve
Belize the story in Belize that I’ve been involved in connected with began
been involved in connected with began
been involved in connected with began almost exactly 20 years ago there was a
almost exactly 20 years ago there was a
almost exactly 20 years ago there was a man in Belize called Patrick Reyes he
man in Belize called Patrick Reyes he
man in Belize called Patrick Reyes he had an argument with his neighbors and
had an argument with his neighbors and
had an argument with his neighbors and like many neighbor arguments was about a
like many neighbor arguments was about a
like many neighbor arguments was about a fence between their properties and mr.
fence between their properties and mr.
fence between their properties and mr. Reyes came back from home one day and
Reyes came back from home one day and
Reyes came back from home one day and his neighbor was building a fence he
his neighbor was building a fence he
his neighbor was building a fence he didn’t think he ought to be building and
didn’t think he ought to be building and
didn’t think he ought to be building and so mr. Reyes unfortunately had a gun and
so mr. Reyes unfortunately had a gun and
so mr. Reyes unfortunately had a gun and he took it out he lost his temper he
he took it out he lost his temper he
he took it out he lost his temper he shot the neighbor and killed him and he
shot the neighbor and killed him and he
shot the neighbor and killed him and he also shot the neighbor’s wife and killed
also shot the neighbor’s wife and killed
also shot the neighbor’s wife and killed her and then when he realized what he’d
her and then when he realized what he’d
her and then when he realized what he’d done he turned the gun on himself and
done he turned the gun on himself and
done he turned the gun on himself and shots himself and didn’t kill himself so
shots himself and didn’t kill himself so
shots himself and didn’t kill himself so eventually he more or less recovered he
eventually he more or less recovered he
eventually he more or less recovered he was tried for murder and he was given
was tried for murder and he was given
was tried for murder and he was given the only sentence that could be given
the only sentence that could be given
the only sentence that could be given for murder and believed to be taken to a
for murder and believed to be taken to a
for murder and believed to be taken to a place of execution and hanged by the
place of execution and hanged by the
place of execution and hanged by the neck until he was dead
neck until he was dead
neck until he was dead now mr. roses lawyer was aware that
now mr. roses lawyer was aware that
now mr. roses lawyer was aware that there had been challenges legal
there had been challenges legal
there had been challenges legal challenges in court to the man who death
challenges in court to the man who death
challenges in court to the man who death penalty in America and in India and he
penalty in America and in India and he
penalty in America and in India and he thought it would be a good idea to bring
thought it would be a good idea to bring
thought it would be a good idea to bring another legal challenge but this time in
another legal challenge but this time in
another legal challenge but this time in Belize and he knew that there was an
Belize and he knew that there was an
Belize and he knew that there was an organization in London called the death
organization in London called the death
organization in London called the death penalty project that I do all my pro
penalty project that I do all my pro
penalty project that I do all my pro bono work with that had been interested
bono work with that had been interested
bono work with that had been interested in representing people who were facing
in representing people who were facing
in representing people who were facing sentences of death so he said – the
sentences of death so he said – the
sentences of death so he said – the death penalty project let’s bring a case
death penalty project let’s bring a case
death penalty project let’s bring a case in Belize
in Belize
in Belize and on your topic of development and
and on your topic of development and
and on your topic of development and innovation let’s try and innovate here
innovation let’s try and innovate here
innovation let’s try and innovate here develop extend the legal principles and
develop extend the legal principles and
develop extend the legal principles and bring it to a different jurisdiction
bring it to a different jurisdiction
bring it to a different jurisdiction with different set of laws but try and
with different set of laws but try and
with different set of laws but try and get rid of the mansion mandatory death
get rid of the mansion mandatory death
get rid of the mansion mandatory death penalty and use this case as a vehicle
penalty and use this case as a vehicle
penalty and use this case as a vehicle and for achieving that so that’s what
and for achieving that so that’s what
and for achieving that so that’s what happened the Belize lawyer worked with
happened the Belize lawyer worked with
happened the Belize lawyer worked with two of my colleagues in my chambers and
two of my colleagues in my chambers and
two of my colleagues in my chambers and the death penalty project and they
the death penalty project and they
the death penalty project and they brought a case up to the highest court
brought a case up to the highest court
brought a case up to the highest court of Belize which is in fact the Privy
of Belize which is in fact the Privy
of Belize which is in fact the Privy Council which is a quarter of judges who
Council which is a quarter of judges who
Council which is a quarter of judges who sit in London which is the highest court
sit in London which is the highest court
sit in London which is the highest court of Belize and they argued at their case
of Belize and they argued at their case
of Belize and they argued at their case and the fact that lawyers in England we
and the fact that lawyers in England we
and the fact that lawyers in England we share a common legal heritage with
share a common legal heritage with
share a common legal heritage with lawyers and Belize and other countries
lawyers and Belize and other countries
lawyers and Belize and other countries that used to be part of the British
that used to be part of the British
that used to be part of the British Empire that means that we are able to
Empire that means that we are able to
Empire that means that we are able to work together on cases like this and
work together on cases like this and
work together on cases like this and share our experience and our expertise
share our experience and our expertise
share our experience and our expertise and work together on the arguments in
and work together on the arguments in
and work together on the arguments in cases like this so what they argued in
cases like this so what they argued in
cases like this so what they argued in this case was that the death penalty if
this case was that the death penalty if
this case was that the death penalty if it was going to be used at all had to be
it was going to be used at all had to be
it was going to be used at all had to be used in strict accordance with the law
used in strict accordance with the law
used in strict accordance with the law and that includes the written
and that includes the written
and that includes the written constitution of Belize which says that
constitution of Belize which says that
constitution of Belize which says that nobody should be given a punishment
nobody should be given a punishment
nobody should be given a punishment which is inhuman and that same legal
which is inhuman and that same legal
which is inhuman and that same legal principle can be found in almost all the
principle can be found in almost all the
principle can be found in almost all the Constitution’s of the former British
Constitution’s of the former British
Constitution’s of the former British colonies these constitutions are the
colonies these constitutions are the
colonies these constitutions are the supreme law which means that if a court
supreme law which means that if a court
supreme law which means that if a court decides that a particular criminal law
decides that a particular criminal law
decides that a particular criminal law is inconsistent with the Constitution
is inconsistent with the Constitution
is inconsistent with the Constitution the relevant part of the law is treated
the relevant part of the law is treated
the relevant part of the law is treated as invalid so to that extent the courts
as invalid so to that extent the courts
as invalid so to that extent the courts can strike down that part of the
can strike down that part of the
can strike down that part of the legislation because it’s
legislation because it’s
legislation because it’s unconstitutional and the standard
unconstitutional and the standard
unconstitutional and the standard they’re applying in that process is not
they’re applying in that process is not
they’re applying in that process is not English law it’s a standard of the
English law it’s a standard of the
English law it’s a standard of the belize constitution or the constitution
belize constitution or the constitution
belize constitution or the constitution of Kenya physik async annual the
of Kenya physik async annual the
of Kenya physik async annual the constitution of Singapore fits a case in
constitution of Singapore fits a case in
constitution of Singapore fits a case in Singapore whatever it may be what they
Singapore whatever it may be what they
Singapore whatever it may be what they argued was that imposing the death
argued was that imposing the death
argued was that imposing the death penalty for murder on a mandatory basis
penalty for murder on a mandatory basis
penalty for murder on a mandatory basis automatically was inhuman so the first
automatically was inhuman so the first
automatically was inhuman so the first argument that they said applied in this
argument that they said applied in this
argument that they said applied in this case was that essentially the penalty
case was that essentially the penalty
case was that essentially the penalty has to fit the crime people are being
has to fit the crime people are being
has to fit the crime people are being sentenced to death with no consideration
sentenced to death with no consideration
sentenced to death with no consideration of the circumstances at the offense that
of the circumstances at the offense that
of the circumstances at the offense that they had committed now you might not
they had committed now you might not
they had committed now you might not have given much thought
have given much thought
have given much thought to this but the fact is that murders
to this but the fact is that murders
to this but the fact is that murders cover a huge variety of factual
cover a huge variety of factual
cover a huge variety of factual situations if I am married to my wife
situations if I am married to my wife
situations if I am married to my wife I’d be married for 50 years she’s
I’d be married for 50 years she’s
I’d be married for 50 years she’s suffering from a terrible illness she’s
suffering from a terrible illness she’s
suffering from a terrible illness she’s in pain every day she’s begging for me
in pain every day she’s begging for me
in pain every day she’s begging for me to help her end her life an eye out of
to help her end her life an eye out of
to help her end her life an eye out of my love and my mercy my compassion I
my love and my mercy my compassion I
my love and my mercy my compassion I kill my wife to save her from pain that
kill my wife to save her from pain that
kill my wife to save her from pain that is murder and if I go out and find lots
is murder and if I go out and find lots
is murder and if I go out and find lots of little children torture and kill them
of little children torture and kill them
of little children torture and kill them that is murder and when the sentence is
that is murder and when the sentence is
that is murder and when the sentence is mandatory the law doesn’t make any
mandatory the law doesn’t make any
mandatory the law doesn’t make any distinction according to the facts of
distinction according to the facts of
distinction according to the facts of the offense it simply says kill kill
the offense it simply says kill kill
the offense it simply says kill kill kill kill kill and that the lawyers
kill kill kill and that the lawyers
kill kill kill and that the lawyers argued has to be inhuman the second
argued has to be inhuman the second
argued has to be inhuman the second thing they argued is that it’s wrong not
thing they argued is that it’s wrong not
thing they argued is that it’s wrong not to take account of the personal
to take account of the personal
to take account of the personal circumstances of the offender to at
circumstances of the offender to at
circumstances of the offender to at least ask the question well how did this
least ask the question well how did this
least ask the question well how did this person get to the place they’re in how
person get to the place they’re in how
person get to the place they’re in how do they come to commit that particular
do they come to commit that particular
do they come to commit that particular offense and if you don’t look at those
offense and if you don’t look at those
offense and if you don’t look at those things you don’t consider those
things you don’t consider those
things you don’t consider those questions that to is inhuman so those
questions that to is inhuman so those
questions that to is inhuman so those arguments were argued and they were
arguments were argued and they were
arguments were argued and they were successful the court decided that the
successful the court decided that the
successful the court decided that the mandatory death penalty was legally
mandatory death penalty was legally
mandatory death penalty was legally invalid because it violated the
invalid because it violated the
invalid because it violated the Constitution of Belize and that meant
Constitution of Belize and that meant
Constitution of Belize and that meant that in future the death penalty could
that in future the death penalty could
that in future the death penalty could only be used in really exceptionally
only be used in really exceptionally
only be used in really exceptionally serious cases that was a legal principle
serious cases that was a legal principle
serious cases that was a legal principle that came out of that case and in mr.
that came out of that case and in mr.
that came out of that case and in mr. Reyes case it meant that he was taken
Reyes case it meant that he was taken
Reyes case it meant that he was taken off death row he was given a life
off death row he was given a life
off death row he was given a life imprisonment sentence and that’s what
imprisonment sentence and that’s what
imprisonment sentence and that’s what he’s serving now he’s serving a life
he’s serving now he’s serving a life
he’s serving now he’s serving a life imprisonment but beyond his own case
imprisonment but beyond his own case
imprisonment but beyond his own case this case had very far-reaching
this case had very far-reaching
this case had very far-reaching consequences because since that decision
consequences because since that decision
consequences because since that decision not a single person in Belize has been
not a single person in Belize has been
not a single person in Belize has been sentenced to death so although
sentenced to death so although
sentenced to death so although unfortunately there are murders and
unfortunately there are murders and
unfortunately there are murders and believes that in any other country the
believes that in any other country the
believes that in any other country the courts have never said well this
courts have never said well this
courts have never said well this particular case is so exceptionally
particular case is so exceptionally
particular case is so exceptionally serious that it deserves to have the
serious that it deserves to have the
serious that it deserves to have the death penalty so and that means that
death penalty so and that means that
death penalty so and that means that it’s good news in terms of sentencing
it’s good news in terms of sentencing
it’s good news in terms of sentencing that’s taking place in Belize but the
that’s taking place in Belize but the
that’s taking place in Belize but the other thing to be aware of is that in
other thing to be aware of is that in
other thing to be aware of is that in Belize nobody has in fact being executed
Belize nobody has in fact being executed
Belize nobody has in fact being executed since 1985 since long before the rers
since 1985 since long before the rers
since 1985 since long before the rers case happen
case happen
case happen but the problem of giving people death
but the problem of giving people death
but the problem of giving people death sentences at all even if they aren’t for
sentences at all even if they aren’t for
sentences at all even if they aren’t for the time being executing executed is all
the time being executing executed is all
the time being executing executed is all it takes is for a government minister to
it takes is for a government minister to
it takes is for a government minister to say ok I think we need to send a message
say ok I think we need to send a message
say ok I think we need to send a message out but we’re going to be tough on crime
out but we’re going to be tough on crime
out but we’re going to be tough on crime and tough on criminals and the minister
and tough on criminals and the minister
and tough on criminals and the minister just has to sign a piece of paper and
just has to sign a piece of paper and
just has to sign a piece of paper and that person could then be executed so it
that person could then be executed so it
that person could then be executed so it really matters that people aren’t being
really matters that people aren’t being
really matters that people aren’t being sentenced to death even if they aren’t
sentenced to death even if they aren’t
sentenced to death even if they aren’t in fact of being executed which brings
in fact of being executed which brings
in fact of being executed which brings me back to where we started you’ve
me back to where we started you’ve
me back to where we started you’ve probably worked out yourselves by now
probably worked out yourselves by now
probably worked out yourselves by now what that is that is the execution
what that is that is the execution
what that is that is the execution chamber in Belize Central Prison the
chamber in Belize Central Prison the
chamber in Belize Central Prison the pictures not terribly clear but you can
pictures not terribly clear but you can
pictures not terribly clear but you can probably see there’s a chain hanging
probably see there’s a chain hanging
probably see there’s a chain hanging from the ceiling and that’s where the
from the ceiling and that’s where the
from the ceiling and that’s where the noose would hang and there’s a trapdoor
noose would hang and there’s a trapdoor
noose would hang and there’s a trapdoor which has been left open and just behind
which has been left open and just behind
which has been left open and just behind it if you can see there’s a big metal
it if you can see there’s a big metal
it if you can see there’s a big metal lever you pull the lever the trapdoor
lever you pull the lever the trapdoor
lever you pull the lever the trapdoor opens with a very loud bang and the
opens with a very loud bang and the
opens with a very loud bang and the prisoner falls through the hole and
prisoner falls through the hole and
prisoner falls through the hole and hopefully is killed very quickly but
hopefully is killed very quickly but
hopefully is killed very quickly but sometimes it goes wrong and gets very
sometimes it goes wrong and gets very
sometimes it goes wrong and gets very messy indeed so I hope you can see now
messy indeed so I hope you can see now
messy indeed so I hope you can see now why I said it’s an image it fills me
why I said it’s an image it fills me
why I said it’s an image it fills me with horror but also a certain sense of
with horror but also a certain sense of
with horror but also a certain sense of satisfaction because the execution
satisfaction because the execution
satisfaction because the execution chamber as you can see is in a happy
chamber as you can see is in a happy
chamber as you can see is in a happy state of neglect and disrepair it’s the
state of neglect and disrepair it’s the
state of neglect and disrepair it’s the death penalty in Belize isn’t mandatory
death penalty in Belize isn’t mandatory
death penalty in Belize isn’t mandatory anymore it’s not being imposed as a
anymore it’s not being imposed as a
anymore it’s not being imposed as a sentence by the courts and nobody is in
sentence by the courts and nobody is in
sentence by the courts and nobody is in fact being executed and that to my mind
fact being executed and that to my mind
fact being executed and that to my mind is progress
is progress
is progress the case of rares became famous as a
the case of rares became famous as a
the case of rares became famous as a precedent for cases in other countries
precedent for cases in other countries
precedent for cases in other countries that had inherited the mandrew Chi and
that had inherited the mandrew Chi and
that had inherited the mandrew Chi and managed death penalty first of all it’s
managed death penalty first of all it’s
managed death penalty first of all it’s spread through the Caribbean and the
spread through the Caribbean and the
spread through the Caribbean and the death penalty was used quite frequently
death penalty was used quite frequently
death penalty was used quite frequently in the former British colonies in the
in the former British colonies in the
in the former British colonies in the Caribbean
Caribbean
Caribbean today the mandatory death penalty has
today the mandatory death penalty has
today the mandatory death penalty has almost completely been removed from the
almost completely been removed from the
almost completely been removed from the Caribbean countries and there hasn’t
Caribbean countries and there hasn’t
Caribbean countries and there hasn’t been an execution in the Caribbean for
been an execution in the Caribbean for
been an execution in the Caribbean for many years and from the Caribbean the
many years and from the Caribbean the
many years and from the Caribbean the legal arguments then spread to Africa
legal arguments then spread to Africa
legal arguments then spread to Africa which is where I got involved so the
which is where I got involved so the
which is where I got involved so the first thing that happened was that there
first thing that happened was that there
first thing that happened was that there are some lawyers in Uganda who had heard
are some lawyers in Uganda who had heard
are some lawyers in Uganda who had heard about the rare’s case and they contacted
about the rare’s case and they contacted
about the rare’s case and they contacted the death penalty projects and said look
the death penalty projects and said look
the death penalty projects and said look you know we’ve got a different
you know we’ve got a different
you know we’ve got a different jurisdiction our laws are somewhat
jurisdiction our laws are somewhat
jurisdiction our laws are somewhat different but the principles are very
different but the principles are very
different but the principles are very similar because we’ve all inherited that
similar because we’ve all inherited that
similar because we’ve all inherited that same colonial system of laws so why do
same colonial system of laws so why do
same colonial system of laws so why do we have a go at challenging the
we have a go at challenging the
we have a go at challenging the mandatory death penalty in Uganda and
mandatory death penalty in Uganda and
mandatory death penalty in Uganda and let’s do the job properly let’s do it
let’s do the job properly let’s do it
let’s do the job properly let’s do it for everybody on death row that’s over
for everybody on death row that’s over
for everybody on death row that’s over 400 prisoners because they’d all been
400 prisoners because they’d all been
400 prisoners because they’d all been given mandatory sentences of death so my
given mandatory sentences of death so my
given mandatory sentences of death so my colleagues in chambers at the death
colleagues in chambers at the death
colleagues in chambers at the death penalty project and Ugandan lawyers all
penalty project and Ugandan lawyers all
penalty project and Ugandan lawyers all worked together they brought a case on
worked together they brought a case on
worked together they brought a case on the mandatory death penalty in Uganda
the mandatory death penalty in Uganda
the mandatory death penalty in Uganda they won the case and that meant that
they won the case and that meant that
they won the case and that meant that all those prisoners had their sentences
all those prisoners had their sentences
all those prisoners had their sentences commuted what then happened was that I
commuted what then happened was that I
commuted what then happened was that I was asked by my colleagues in London and
was asked by my colleagues in London and
was asked by my colleagues in London and my colleagues in Malawi to help to bring
my colleagues in Malawi to help to bring
my colleagues in Malawi to help to bring a similar case in Malawi we brought the
a similar case in Malawi we brought the
a similar case in Malawi we brought the case in the Constitutional Court we won
case in the Constitutional Court we won
case in the Constitutional Court we won the case in Malawi and the mantry death
the case in Malawi and the mantry death
the case in Malawi and the mantry death penalty in Malawi was abolished we then
penalty in Malawi was abolished we then
penalty in Malawi was abolished we then brought a case in Kenya with our Kenyan
brought a case in Kenya with our Kenyan
brought a case in Kenya with our Kenyan colleagues we won that case while we
colleagues we won that case while we
colleagues we won that case while we were arguing the case the president of
were arguing the case the president of
were arguing the case the president of Kenya perhaps sensing which way the
Kenya perhaps sensing which way the
Kenya perhaps sensing which way the court was going to go ordered that
court was going to go ordered that
court was going to go ordered that everybody who’d been sentenced to death
everybody who’d been sentenced to death
everybody who’d been sentenced to death in Kenya would have their sentences
in Kenya would have their sentences
in Kenya would have their sentences commuted over 4000 people on death row
commuted over 4000 people on death row
commuted over 4000 people on death row had their sentences commuted to life
had their sentences commuted to life
had their sentences commuted to life imprisonment in that one decision then
imprisonment in that one decision then
imprisonment in that one decision then things started getting a bit tricky in
things started getting a bit tricky in
things started getting a bit tricky in Kenya because there was another case in
Kenya because there was another case in
Kenya because there was another case in which the court said that our case was
which the court said that our case was
which the court said that our case was wrongly decided and so we helped our
wrongly decided and so we helped our
wrongly decided and so we helped our lawyers colleagues in Kenya to bring
lawyers colleagues in Kenya to bring
lawyers colleagues in Kenya to bring another case in the new Supreme Court
another case in the new Supreme Court
another case in the new Supreme Court Kenia and right now today we’re waiting
Kenia and right now today we’re waiting
Kenia and right now today we’re waiting for the Supreme Court of Kenya to give
for the Supreme Court of Kenya to give
for the Supreme Court of Kenya to give its decision on that case and we’re
its decision on that case and we’re
its decision on that case and we’re pretty optimistic we’re going to win not
pretty optimistic we’re going to win not
pretty optimistic we’re going to win not least because the government of Kenya
least because the government of Kenya
least because the government of Kenya agrees that the mandated death penalty
agrees that the mandated death penalty
agrees that the mandated death penalty is unconstitutional under the laws of
is unconstitutional under the laws of
is unconstitutional under the laws of Kenya and that too if that decision is
Kenya and that too if that decision is
Kenya and that too if that decision is successful will affect thousands of
successful will affect thousands of
successful will affect thousands of people in Kenya who are on death row
people in Kenya who are on death row
people in Kenya who are on death row then we brought case in Ghana and this
then we brought case in Ghana and this
then we brought case in Ghana and this is one of the cases you heard about
is one of the cases you heard about
is one of the cases you heard about where I was helping to advise and
where I was helping to advise and
where I was helping to advise and represent the a British citizen called
represent the a British citizen called
represent the a British citizen called Dexter Johnson who’d been sentenced to
Dexter Johnson who’d been sentenced to
Dexter Johnson who’d been sentenced to death for murder and he was given again
death for murder and he was given again
death for murder and he was given again a mandatory sentence of death
a mandatory sentence of death
a mandatory sentence of death unfortunately we lost that case in Ghana
unfortunately we lost that case in Ghana
unfortunately we lost that case in Ghana in the Supreme Court of Ghana that was a
in the Supreme Court of Ghana that was a
in the Supreme Court of Ghana that was a highest court we couldn’t go any higher
highest court we couldn’t go any higher
highest court we couldn’t go any higher than the the Ghana Court so we made an
than the the Ghana Court so we made an
than the the Ghana Court so we made an application to something called the
application to something called the
application to something called the Human Rights Committee which is a body
Human Rights Committee which is a body
Human Rights Committee which is a body broadly speaking of the United Nations
broadly speaking of the United Nations
broadly speaking of the United Nations and we won that case we argued that this
and we won that case we argued that this
and we won that case we argued that this mandatory taking away of life for all
mandatory taking away of life for all
mandatory taking away of life for all offenses of murder was a breach of
offenses of murder was a breach of
offenses of murder was a breach of Ghana’s international legal obligations
Ghana’s international legal obligations
Ghana’s international legal obligations and that argument had already been made
and that argument had already been made
and that argument had already been made in respect of other countries and
in respect of other countries and
in respect of other countries and unsurprisingly we won the argument but
unsurprisingly we won the argument but
unsurprisingly we won the argument but unfortunately the human rights
unfortunately the human rights
unfortunately the human rights committee’s decisions are not binding on
committee’s decisions are not binding on
committee’s decisions are not binding on the government of Ghana and they ignored
the government of Ghana and they ignored
the government of Ghana and they ignored it so mr. Johnson is still on death row
it so mr. Johnson is still on death row
it so mr. Johnson is still on death row in Ghana so we don’t give up and right
in Ghana so we don’t give up and right
in Ghana so we don’t give up and right now in fact just before I came here
now in fact just before I came here
now in fact just before I came here today I’ve been talking with my
today I’ve been talking with my
today I’ve been talking with my colleagues at the death penalty project
colleagues at the death penalty project
colleagues at the death penalty project and we’re planning to bring a case in
and we’re planning to bring a case in
and we’re planning to bring a case in the African Court of Human Rights whose
the African Court of Human Rights whose
the African Court of Human Rights whose decisions are binding if we win the case
decisions are binding if we win the case
decisions are binding if we win the case so that’s I’ll come back next year and
so that’s I’ll come back next year and
so that’s I’ll come back next year and tell you what happened in that so apart
tell you what happened in that so apart
tell you what happened in that so apart from that we have other cases coming up
from that we have other cases coming up
from that we have other cases coming up in Tanzania we’ve had some litigation in
in Tanzania we’ve had some litigation in
in Tanzania we’ve had some litigation in Nigeria and various other places and the
Nigeria and various other places and the
Nigeria and various other places and the work as they say goes on so just
work as they say goes on so just
work as they say goes on so just wrapping up these cases I think so how
wrapping up these cases I think so how
wrapping up these cases I think so how really important ideas can flow
really important ideas can flow
really important ideas can flow backwards and forwards across the world
backwards and forwards across the world
backwards and forwards across the world in quite different ways on the idea of
in quite different ways on the idea of
in quite different ways on the idea of executing everybody who’s committed a
executing everybody who’s committed a
executing everybody who’s committed a particular kind of offense travelled
particular kind of offense travelled
particular kind of offense travelled around the world
around the world
around the world by force of colonial conquest that’s how
by force of colonial conquest that’s how
by force of colonial conquest that’s how the idea was planted in the first place
the idea was planted in the first place
the idea was planted in the first place but the reverser idea the idea of that
but the reverser idea the idea of that
but the reverser idea the idea of that the ideas that have
the ideas that have
the ideas that have pushed back and the death penalty
pushed back and the death penalty
pushed back and the death penalty generally and the mandatory death
generally and the mandatory death
generally and the mandatory death penalty in particular they have traveled
penalty in particular they have traveled
penalty in particular they have traveled by a process of litigation of persuasion
by a process of litigation of persuasion
by a process of litigation of persuasion of perseverance because everything has
of perseverance because everything has
of perseverance because everything has gone our way and we keep on fighting and
gone our way and we keep on fighting and
gone our way and we keep on fighting and as I hope I’ve made clear by a great
as I hope I’ve made clear by a great
as I hope I’ve made clear by a great deal of teamwork working always with our
deal of teamwork working always with our
deal of teamwork working always with our colleagues in Kenya and Malawi and
colleagues in Kenya and Malawi and
colleagues in Kenya and Malawi and Belize or wherever it may be so that’s
Belize or wherever it may be so that’s
Belize or wherever it may be so that’s how I spend my time when I’m not
how I spend my time when I’m not
how I spend my time when I’m not actually making a living with my clients
actually making a living with my clients
actually making a living with my clients in London reading and writing and
in London reading and writing and
in London reading and writing and rewriting legal arguments working out
rewriting legal arguments working out
rewriting legal arguments working out how to re present the arguments that we
how to re present the arguments that we
how to re present the arguments that we need to make in various different
need to make in various different
need to make in various different countries under their laws and their
countries under their laws and their
countries under their laws and their constitutions earning a few air miles on
constitutions earning a few air miles on
constitutions earning a few air miles on the side which is always useful looking
the side which is always useful looking
the side which is always useful looking forward to another trip to Kenya or
forward to another trip to Kenya or
forward to another trip to Kenya or another trip to Belize in the meantime
another trip to Belize in the meantime
another trip to Belize in the meantime it’s been a pleasure making this trip to
it’s been a pleasure making this trip to
it’s been a pleasure making this trip to 702 school thank you very much
702 school thank you very much
702 school thank you very much [Applause]
”
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