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    Clemency in Southeast Asian Death Penalty Cases

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    Author
    PASCOE, D
    Date
    2014
    Source Title
    ALC Briefing Paper Series
    Publisher
    Asian Law Centre, University of Melbourne
    University of Melbourne Author/s
    Taylor, Kathryn
    Affiliation
    Asian Law Centre
    Metadata
    Show full item record
    Document Type
    Report
    Citations
    PASCOE, D. (2014). Clemency in Southeast Asian Death Penalty Cases. Asian Law Centre, University of Melbourne.
    Access Status
    Open Access
    URI
    http://hdl.handle.net/11343/258394
    DOI
    10.46580/124337
    Open Access URL
    https://law.unimelb.edu.au/centres/alc/research/publications/alc-briefing-paper-series/clemency-in-southeast-asian-death-penalty-cases
    Abstract
    The five contemporary practitioners of the death penalty in Southeast Asia (Indonesia, Malaysia, Thailand, Singapore and Vietnam) have performed judicial executions on a regular basis between 1975 and 2013. Notwithstanding this similarity, the number of death sentences passed by courts that were subsequently reduced to a term of imprisonment through grants of clemency by the executive has varied remarkably between these jurisdictions. Some of these countries commuted the sentences of death row prisoners often (for example, the clemency ‘rate’ of 91-92 per cent witnessed in Thailand), others rarely (a clemency ‘rate’ of around 1 per cent in Singapore), and some at ‘medium’ rates. In this article, I employ the methodology of comparative criminal justice to explore the discrepancies and similarities in capital clemency practice between these five Southeast Asian jurisdictions. In doing so, I seek to identify the structural and cultural reasons why retentionist countries exercise clemency at vastly different ‘rates’ in finalised capital cases.

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