Articles

• Hudson, P

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 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.