Author Archive

Thomas Probert

Dr Thomas Probert is a Senior Researcher at the Centre for Human Rights (University of Pretoria) and a Research Associate at the Centre of Governance and Human Rights (University of Cambridge). He works as a research consultant to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and occasionally tweets at

There is an observable trend towards the abolition of the death penalty in Africa. More than two thirds of African states have now either abolished the practice or have long-standing moratoria on its use. As of October 2014, seventeen African states have abolished the death penalty by enacting national legislation. A further twenty-five State Parties have not carried out an execution for ten years. Only twelve states retain the death penalty and have recently used it, with the majority of executions occurring in Somalia or Sudan. This trajectory parallels an interpretation of international human rights law as progressively abolitionist. Although the International Covenant on Civil and Political Rights (ICCPR) made a provision for countries that had not already abolished the death penalty, it established stringent conditions under which it could continue. In those countries where it remains, international safeguards aim to ensure legality and fair trial, principles of equality and consistency, and minimum standards of protection for vulnerable groups, as well as entailing imposition only for the most serious crimes. Concurrently, the African Commission on Human and Peoples’ Rights is working to attach an Optional Protocol to the African Charter for abolition. Despite these promising trends, it is important not to overlook the shadow that the death penalty still casts. Where it remains, the death penalty can be imposed for offenses that do not meet the international legal threshold of “most serious crimes”. The case of Meriam Ibrahim, sentenced to death for apostasy in Sudan, brought this issue to global headlines earlier this year. Similarly, the extensive remit of military tribunals in Somalia remains a concern.