List of recommendations
2.67The Subcommittee recommends that the Australian Government continues to advocate for the abolition of the death penalty in all retentionist countries through bilateral, multilateral and regional fora, and with a particular focus on the Asia-Pacific region.
This advocacy should consider canvassing support for a coalition of like-minded abolitionist countries in the Asia-Pacific region to work together on advocating for the abolition of the death penalty regionally.
2.68The Subcommittee recommends that the Australian Government, recognising that the path to abolition may be incremental, advocates for a reduction in the categories of crimes that carry the death penalty in retentionist countries and for discretion in sentencing. This should include the development of strategies to advocate for:
the abolition of the death penalty for drug-related crimes, which the United Nations notes do not constitute ‘most serious crimes’, and
the abolition of the mandatory death penalty for all crimes, in recognition that courts contemplating imposing death sentences should have the discretion to consider mitigating circumstances.
Mechanisms that could be utilised for such advocacy include United Nations fora, such as the Universal Periodic Review and the Commission on Narcotic Drugs.
3.95The Subcommittee recommends that the Australian Government provide an annual statement against the death penalty, to be delivered in Parliament and across multiple platforms. The statement should:
Be a joint statement by the Minister for Foreign Affairs and the Attorney General.
Reinforce the Department of Foreign Affairs and Trade’s Strategy for Abolition of the Death Penalty and allow the Australian Government to clearly articulate Australia’s stance on the death penalty and global abolition.
Highlight Australia’s advocacy activities in bilateral, multilateral and regional fora.
Recognise progress in abolishing the death penalty in retentionist states, while also detailing regressive initiatives taken by states.
3.96The Subcommittee recommends the Australian Government in consultation with civil society organisations, consider the development of a strategy for domestic education and awareness raising to reinforce Australia’s opposition to death penalty and its efforts to advocate for its abolition worldwide.
This work could include multicultural groups and associations in the development of resources to engage with diaspora communities in Australia about Australia’s global stance on the death penalty.
3.97The Subcommittee recommends that the Australian Government consider providing adequate funding for civil society organisations to more accurately gather data on trends and current areas of concern regarding the use of the death penalty.
The data will provide the Department of Foreign Affairs and Trade with valuable insights to better formulate country specific engagement strategies for the abolition of the death penalty.
3.98The Subcommittee recommends that the Attorney-General’s Department consult Capital Punishment Justice Project, who have global expertise and experience working with anti-death penalty networks worldwide, regarding the list of lawyers provided by Australian Missions to ensure the competency and qualifications of the local lawyers engaged to represent Australian nationals in capital cases.
Further, the Department of Foreign Affairs and Trade consider the engagement of specialist legal support services such as the Capital Punishment Justice Project to monitor the progress of trials involving Australian nationals and, where appropriate, to support the work and advocacy of local capital defence lawyers.
4.70The Subcommittee recommends that the Australian Government undertake annual reviews of the mechanisms and operations of the Australian Federal Police’s Sensitive Investigations Oversight Board to ensure the processes are sufficient and that they adhere to Australia’s human rights obligations and commitment to the global abolition of the death penalty.
This should include reviewing the AFP National Guideline on International Police-to-Police Assistance in Death Penalty Situations to ensure that potential death penalty situations are being appropriately overseen by the Sensitive Investigations Oversight Board.
The annual review should be conducted by an independent person appointed by the Attorney-General in consultation with the Minister for Foreign Affairs.
Consideration should be given to expanding the membership of the Board to include experts external to the Australian Federal Police.