Study by The Death Penalty Project and The Death Penalty Research Unit uncovers the risks of retaining death penalty laws without executions

A new report by The Death Penalty Project (DPP) and The Death Penalty Research Unit (DPRU), University of Oxford, examines the death penalty in abolitionist de facto (ADF) states – where no executions have taken place for at least a decade, but where the punishment remains in law. The study analyses this phenomenon, and its associated risks and harms.

The report, which is the outcome of a two-year collaborative research project, examines this often-overlooked category, which occupies a grey area between retention and abolition.

“Today, 42 states are classified as ADF. Though an absence of executions must be commended, the report reveals that many abolitionist de facto states still impose death sentences and ultimately sustain the legal infrastructure of capital punishment, with all the risks and harms this entails.”

Professor Carolyn Hoyle, Director of The Death Penalty Research Unit, University of Oxford, co-author of the report

Despite the suspension of executions, the report finds that the majority of states under ADF status still maintain death row populations: 70% of ADF states hold individuals on death row, an estimated total of 2,850 individuals, with the true figure likely far higher. There were at least 263 new death sentences in ADF states during 2024 alone.

In line with what is common in retentionist states, the study emphasises that death row in ADF states can expose those sentenced to death to poor conditions of detention and severe psychological distress, which can amount to ‘death row phenomenon’. In some cases, individuals can be held on death row for decades. As elsewhere, those sentenced to death are likely to be from the most marginalised groups in society.

“Some states have been in this category for decades; many continue to impose death sentences that consign people to the death row. In total, nearly 3,000 death row inmates in these countries are often held in inhumane conditions, without access to legal aid. They may live in solitary confinement for years, chained by fear, uncertainty and intolerable psychological torment. Maintaining the legal frameworks and facilities for capital punishment carries the unacceptable threat of resuming executions. We have seen this threat materialise in countries […] I welcome the new report by the Death Penalty Project and the University of Oxford which sheds light on abolitionist de facto states and offers a framework to ensure their status remains a step, not a destination.”

Volker Türk, United Nations High Commissioner for Human Rights

Despite the evident harms of maintaining a death row population, ADF states receive very little international scrutiny, largely as a result of the reduction in executions and because the passing of time results in a perceived proximity to abolition.

Rather than being a step on an inevitable path towards abolition, the report argues that ADF status arises from competing incentives. For example, the retention of death penalty laws can be domestically beneficial, to complement “tough on crime” and other punitive rhetoric, while on the other hand, suspending executions is internationally beneficial, as it sidesteps criticism which may be levelled at retentionist states. Such competing factors are often what leads to the stalling of progress towards abolition in ADF states.

These findings show the risks of de facto abolition becoming an attractive destination for some states. The political convenience of staying in the grey area of de facto abolition could encourage inertia and entrenchment in ADF states, delaying full legal abolition. The barriers to full abolition in ADF states highlight the need for greater engagement with policymakers to take the final steps.

Parvais Jabbar, Co-Executive Director of The Death Penalty Project, co-author of report said:

The findings of our study should act as a reminder that the absence of executions must not be mistaken for true abolition, and that, if we are to properly safeguard the rights and dignity of people serving prison sentences, the ultimate goal remains the complete eradication of the death penalty in law as well as in practice.

Note To Editors

Between Retention and Abolition: Making Sense of a Death Penalty without Executions – Read the full report here.

About the project and report

This project was supported by funding from the Oxford Policy Engagement Network’s Public Policy Challenge Fund and the Council of Europe. The report will be formally launched at an event held at the UN Human Rights Council in Geneva, Switzerland, with the sponsorship of the Permanent Missions of Belgium, Benin, Costa Rica, France, Mexico, Mongolia, the Republic of Moldova and Switzerland.

About

The Death Penalty Project

The Death Penalty Project (DPP) is a legal action NGO with special consultative status before the United Nations Economic and Social Council. Driven by a belief that the death penalty is cruel and often discriminates against the poorest and most disadvantaged members of society, the organisation works to safeguard the rights of those facing the death penalty and other vulnerable people. For over three decades, DPP has been working in more than 30 countries to end and restrict the use of capital punishment, protecting thousands of people from execution. DPP commissions, supports and publishes independent academic research examining attitudes towards the death penalty, using original data from public opinion surveys and other empirical research to engage in dialogue with policymakers and politicians, and to challenge popular misconceptions around the death penalty.

The Death Penalty Research Unit

Part of the University of Oxford’s Centre for Criminology, the Death Penalty Research Unit (DPRU) focuses on the retention, administration and politics of the death penalty worldwide. DPRU aims to understand the rationales for the death penalty, how it is used in practice and its diverse application and impact on communities. DPRU is committed to working with partners in various regions on collaborative production and dissemination of empirical and theoretical knowledge. This work is not only aimed at elucidating the law and practice of capital punishment worldwide, but at challenging it, with the explicit aim of abolition or, failing that, progressive restriction.

Contact

Kate Arthur, Communications Lead, The Death Penalty Project, [email protected]