A/HRC/30/18
B.
Defence lawyers
43.
The welfare and mental health of lawyers can be negatively affected by participating
in a case involving the death penalty, in particular when a client is executed.
Recommendation R (2000) 21 of the Committee of Ministers of the Council of Europe to
member States on the freedom of exercise of the profession of lawyer states that bar
associations should promote the welfare of members of the profession and assist them or
their families if circumstances so require (principle V (4) (e)).
44.
In accordance with the Basic Principles on the Role of Lawyers, lawyers’ access to
their clients and confidentiality between lawyers and their clients are essential rights of the
accused.48 These may be restricted in practice in cases involving the death penalty if the
person sentenced to death is in a prison that is not easy to access for the lawyer or in which
there are restrictions on all visitors.
45.
Defence lawyers are crucial stakeholders in any death penalty related process,
particularly post-conviction lawyers who attempt to stop an execution. The looming threat
of execution and the fact that the life or death of a client depends on the lawyer’s
intervention put enormous pressure on the lawyer. In addition, the number of lawyers who
are experienced and knowledgeable in this area is insufficient to meet the number and
needs of persons convicted to the death sentence.49 Reportedly, strong public support for the
death penalty and a corresponding lack of respect for lawyers who represent people on
death row pose additional challenges. 50
C.
Prison officials, including medical personnel
46.
Some prison officials who have participated in overseeing prisoners sentenced to
death or executions have reported negative effects on their mental health, in some cases
experiencing symptoms consistent with post-traumatic stress disorder or becoming isolated
and withdrawn. Somewhat similar concerns may emerge in cases in which prison officials
involved in overseeing death rows or executions are discouraged from quitting through
ridicule, bullying or demotion. 51
47.
Around the world, medical associations have questioned to what extent their
members, whose professional ethics require them to be healers and not executioners, may
be involved in the implementation of the death penalty. This issue arises regularly, but not
exclusively, in the case of lethal injections, where States expect medical personnel to
participate in the administration of lethal drugs and monitoring of the onset of death. A
global study found that “virtually all codes of professional ethics which consider the death
penalty oppose medical or nursing participation. Despite this, many death penalty States
have regulations specifying that health professionals be present at executions”.52 It is clearly
established under international law and codes of medical ethics that physicians and other
medical personnel should not participate in torture or other cruel, inhuman or degrading
treatment or punishment. For example, the Principles of Medical Ethics relevant to the Role
48
49
50
51
52
14
See, for example, principles 8, 16 and 22.
See Susannah Sheffer, Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys
(Nashville, Tennessee, Vanderbilt University Press, 2013).
Submission from Penal Reform International dated 13 May 2015 (on file with the Secretariat and
available for consultation).
Penal Reform International, “Prison guards and the death penalty” (London, 2015), p. 3. Available at
www.penalreform.org/wp-content/uploads/2015/04/PRI-Prison-guards-briefing-paper.pdf.
Amnesty International, “Execution by lethal injection: A quarter century of state poisoning”, October
2007, p. 3.
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