Antigua and Barbuda
Information current as of: September 11, 2013
General
Official Country Name
Geographical Region
Latin America (Caribbean). [2]
Death Penalty Law Status
Abolitionist de facto. Antigua and Barbuda’s last execution was in 1991 according to most sources, including government sources. [3] A few sources state that 1989 was the year of the last execution, but we believe that this is a mistake. [4] Either way, no executions have been carried out in over 10 years.
Methods of Execution
Hanging.
We did not find any legal provision indicating the method of execution used, but several sources confirmed that the method of execution used in the past has been hanging. [5]
Comments.
The Criminal Procedure Act grants the Governor General broad discretion in regulating executions, and it is possible that this authority extends to deciding on the method of execution. The Governor General has the authority to “make such rules and regulations, to be observed on the execution of judgment of death in every prison, as he may deem expedient for the purpose, as well of guarding against any abuse in such execution, as also of giving greater solemnity to the same.” [6] Executions are also carried out in whichever place is ordered by the Governor General. [7]
Death sentences issued by court martials may be carried out in a manner and place to be regulated by the Defence Board. [8] We found no information on how, if any, court martial-ordered executions have been carried out in the past.
References
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Country Details
Language(s)
English. [1]
Population
88,710 (World Bank, 2010). [2]
Number of Individuals Currently Under Sentence of Death
0.
By the end of 2018, no one was under sentence of death. [3]
At the end of 2015, seven people were under sentence of death, including two foreign nationals; [4] however, in November 2016, the Eastern Caribbean Court reviewed all death row cases and resentenced all death row prisoners to terms of imprisonment. [5]
(This question was last updated on May 29, 2019.)
Annual Number of Reported Executions
Executions in 2020 to date (last updated on July 22, 2020)
0. [6]
Executions in 2019
0. [7]
Executions in 2018
0. [8]
Executions in 2017
0. [9]
Executions in 2016
0. [10]
Executions in 2015
0. [11]
Executions in 2014
0. [12]
Executions in 2013
0. [13]
Executions in 2012
0. [14]
Executions in 2011
0. [15]
Executions in 2010
0. [16]
Executions in 2009
0. [17]
Executions in 2008
0. [18]
Executions in 2007
0. [19]
Year of Last Known Execution
1991. Most sources state that the last execution was carried out in 1991, including government sources. [20] A few sources indicate that the year of the last execution was 1989; [21] however we believe this to be a mistake.
References
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Crimes and Offenders Punishable By Death
Crimes Punishable by Death
Aggravated Murder.
The Offenses Against the Person Act provides: “Whosoever is convicted of murder shall suffer death as a felon.” [1] Since the Eastern Caribbean Supreme Court (sitting as a Court of Appeal) struck down the mandatory death penalty for murder in 2001 and implied a “exceptionally depraved and heinous” standard, [2] Antigua and Barbuda’s High Court of Justice (a division of the ECSC) has applied a discretionary death penalty and will only issue death sentences for aggravated murder. [3]
Treason.
The Treason Act provides: “Everyone who commits high treason is guilty of an offence triable on indictment and on conviction shall be sentenced to death.” [4] An individual commits high treason by killing, attempting to kill, or doing bodily harm tending to death or destruction of the Queen, the Governor-General, or an acting Governor-General; by levying or preparing to levy war against Antigua and Barbuda; or by assisting an enemy at war with Antigua and Barbuda or engaged in hostilities with forced from Antigua and Barbuda who are operating for the Commonwealth. [5] Following a decision by the Eastern Caribbean Court of Justice in 2001, Antigua and Barbuda’s courts now apply an “exceptionally depraved and heinous” standard to capital sentencing for murder, [6] which might also apply to treason.
Military Offenses Not Resulting in Death.
The Defence Act of 2006 provides for the possibility of the death penalty for assisting the enemy, military espionage, imperiling operations, mutiny and insubordination when done to assist the enemy. [7] It is unclear whether this law complies with the constitutional limitation of the death penalty to murder and treason. [8]
Does the country have a mandatory death penalty?
No. Although the penal law mandates the death penalty for murder [9] and treason, [10] there is no mandatory death penalty. Since the Eastern Caribbean Supreme Court (sitting as a Court of Appeal) struck down the mandatory death penalty for murder in 2001 and implied a “exceptionally depraved and heinous” standard, [11] Antigua and Barbuda’s High Court of Justice (a division of the ECSC) has applied a discretionary death penalty for aggravated murder. [12] Presumably, the violations of protections against arbitrariness that prohibit the mandatory death penalty [13] would hold true in the case of treason.
For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?
Under the Eastern Caribbean Supreme Court’s jurisprudence, the mandatory death penalty is unconstitutional in Antigua and Barbuda. [14]
Crimes For Which Individuals Have Been Executed Since January 2008:
None. Antigua and Barbuda’s last execution was in 1991. [15]
Categories of Offenders Excluded From the Death Penalty:
Individuals Below Age 18 At Time of Crime.
The Offenses Against the Person Act [16] and Antigua and Barbuda’s commitments under the Convention on the Rights of the Child [17] prohibit the execution of individuals for murder committed while under the age of 18. A juvenile convicted of a death-eligible offense is sentenced instead to a term of imprisonment “during Her Majesty’s pleasure.” [18] In 2011, the Child Rights Information Network submitted a report to the U.N. Human Rights Council expressing concern about the vagueness of this standard, and stating that it had no information on the number of minors held under this provision. [19]
The government has stated that a similar exclusion applies to the offense of treason, although not explicitly mandated in the law. [20]
Pregnant Women.
Expectant mothers cannot be sentenced to death; a sentence of life imprisonment is substituted. [21] The finding of pregnancy is made by a jury [22] and appealable to the Court of Appeal. [23] The burden of proof is on the woman claiming to be pregnant. [24]
Mentally Ill.
A jury may find a defendant “insane” and therefore unfit to stand trial (until he regains sanity). The jury may return a verdict of insanity or a verdict of guilty but insane if it finds an offender was insane “so as not to be responsible according to the law for his actions at the time when the act was done or omission made.” Such defendants may be detained in a facility for those of “unsound mind.” [25]
The Offences Against the Person Act provides an exception to the punishment for murder for a woman who commits infanticide before their child is one year old if at the time of the offense, the “balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child.” [26]
References
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International Commitments
ICCPR
Party?
No. [1]
Date of Accession
Not Applicable.
Signed?
No. [2]
Date of Signature
Not Applicable.
First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee
Party?
No. [3]
Date of Accession
Not Applicable.
Signed?
No. [4]
Date of Signature
Not Applicable.
Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty
Party?
No. [5]
Date of Accession
Not Applicable.
Signed?
No. [6]
Date of Signature
Not Applicable.
American Convention on Human Rights
Party?
No. [7]
Date of Accession
Not Applicable.
Signed?
No. [8]
Date of Signature
Not Applicable.
Death Penalty Protocol to the ACHR
Party?
No. [9]
Date of Accession
Not Applicable.
Signed?
No. [10]
Date of Signature
Not Applicable.
African Charter on Human and Peoples' Rights (ACHPR)
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Protocol to the ACHPR on the Rights of Women in Africa
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
African Charter on the Rights and Welfare of the Child
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Arab Charter on Human Rights
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
2018 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [11]
Vote
Abstained. [12]
Signed the Note Verbale of Dissociation
No. [13]
2016 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [14]
Vote
Against. [15]
Signed the Note Verbale of Dissociation
Yes. [16]
2014 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [17]
Vote
Against. [18]
Signed the Note Verbale of Dissociation
Yes. [19]
2012 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [20]
Vote
Not Present. [21]
Signed the Note Verbale of Dissociation
Yes. [22]
2010 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [23]
Vote
Against. [24]
Signed the Note Verbale of Dissociation
Yes. [25]
2008 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [26]
Vote
Against. [27]
Signed the Note Verbale of Dissociation
No. [28]
2007 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [29]
Vote
Against. [30]
Signed the Note Verbale of Dissociation
Yes. [31]
References
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Death Penalty In Law
Does the country’s constitution make reference to capital punishment?
The Constitution guarantees the right to life, liberty, and security of the person. [1] However, the right to life is restricted by the death penalty for murder or treason if applied by a court: “No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a crime of treason or murder of which he has been convicted.” [2] The Constitution also provides for automatic review of death sentences by the Advisory Committee on the Prerogative of Mercy. [3] Finally, the Constitution prohibits persons under sentence of death from holding public office as senators [4] or members of the house of representatives. [5]
Does the country’s constitution make reference to international law?
The Attorney General may give the Director of Public Prosecutions general or special directions concerning the prosecution for an offense “under any law relating to any right or obligation of Antigua and Barbuda under international law.” [6]
Have there been any significant changes in the application of the death penalty over the last several years?
There has been no execution of a death sentence since 1991, [7] making Antigua and Barbuda a de facto abolitionist country. However, there are many signs that the government has no intention of moving towards legal abolition. At its Universal Periodic Review before the U.N. Human Rights Council in 2011, despite declaring itself ready to educate the public about abolition and implying that it had a de facto moratorium, [8] the government stated that it had “no political mandate” for abolition and formally rejected all recommendations to abolish the death penalty or introduce a formal moratorium. The government delegation explained that changing death penalty legislation was not acceptable in light of public opinion about capital punishment. [9] (Nevertheless, the government accepted recommendations that it ratify the International Covenant on Civil and Political Rights, which imposes restrictions on the implementation of capital punishment.) [10] Furthermore, in February 2013, the Minister of National Security, Errol Cort, announced that the government intended to implement the death penalty following a widely mediatized gun murder. [11] Since 2001, the mandatory death penalty has been replaced with a discretionary death penalty to be limited to aggravated murder. [12] Moreover, the Eastern Caribbean Court of Appeals [13] may commute the death sentence of individuals who have been on death row for more than 5 years. [14]
In May 2013, all seven of the country’s death-sentenced prisoners appeared before the High Court and were informed that their sentences would be reviewed on an individual basis. These resentencing hearings are long overdue. Since all seven of these prisoners were sentenced under the mandatory death penalty provisions that were afterwards struck down as unconstitutional, they have been entitled to discretionary resentencing since 2001. [15] In any event, these death sentences are likely to be struck down on the basis of the Privy Council’s ruling in Pratt prohibiting a delay of more than five years in implementing a death penalty. [16] A media account from May 2013 announced that the sentences were scheduled to be reviewed in June 2013. [17] As of August 2013, however, we were unable to locate information on any developments in these cases.
In 2006, the Defense Act set forth the death penalty for some military offenses committed in support of the enemy, [18] but it is unclear whether this law complies with the constitutional limitation of the death penalty to murder and treason. [19]
Is there currently an official moratorium on executions within the country?
No. Although there have been no executions in Antigua and Barbuda since 1991, [20] there is no official moratorium on death sentences or executions. [21] Antigua has clearly indicated its determination to retain the death penalty by signing all four Notes Verbales of dissociation denouncing the U.N. General Assembly’s Moratorium Resolution, [22] and by rejecting all recommendations to abolish capital punishment at its Universal Periodic Review before the U.N. Human Rights Council in 2011. [23]
Have there been any significant published cases concerning the death penalty in national courts?
In 2001, the Eastern Caribbean Court Supreme Court (ECSC) struck down the mandatory death penalty for murder [24] and implied that an “exceptionally depraved and heinous” standard should apply to the imposition of capital punishment. [25] Capital punishment is now only applied in aggravated murder cases and requires the consideration of mitigating circumstances. [26]
The ECSC also applies the delay rule set forth by the Judicial Committee of the Privy Council in Pratt & Morgan v. Jamaica, under which there is a rebuttable presumption that 5 years on death row (which may include time served under an erroneous sentence) is inhuman punishment and requires commutation of the death sentence. [27]
Where can one locate or access judicial decisions regarding the death penalty?
Antigua and Barbuda’s High Court of Justice and Court of Appeals are divisions of the Eastern Caribbean Supreme Court, [28] and the highest Court established by the Constitution is the Judicial Committee of the Privy Council. [29]
Convictions and sentencing by the High Court of Justice and judgments of the Court of Appeals can be accessed at the webpage of the ECSC at http://www.eccourts.org/category/judgments.
All of the Privy Council’s judgments issued after July 2009 can be found on its website at http://www.jcpc.gov.uk/decided-cases/index.html. Earlier Privy Council judgments can be found on BAILII at http://www.bailii.org/uk/cases/UKPC. The Privy Council Papers website provides detailed case records for all appeals considered by the JCPC between 1792 and 1998: http://www.privycouncilpapers.org.
What is the clemency process?
Under the Constitution, the power of pardon belongs with the Governor General after consultation with the Advisory Committee. [30] The Advisory Committee is composed of a government minister acting in accordance with the Prime Minister’s advice, the Attorney General, the Chief Medical Officer of the government, and a maximum of four other members appointed by the Governor after consultation with the Prime Minister and the leader of the opposition. [31]
All capital sentences must be reviewed by the Advisory Committee on the Prerogative of Mercy. The special Minister appointed by the Governor General causes a report of the case and other useful information to be submitted to the Committee, which makes recommendations to the special Minister. That Minister is not obliged to act in accordance with that advice. The special Minister advises the Governor General, who must act in accordance with that advice, on whether to exercise the prerogative of mercy. [32] The Code of Criminal Procedure reflects these constitutional provisions. [33]
The Defence Act specifically provides that no death sentence issued by a court martial may be carried out unless it has been approved by the Governor General in accordance with this constitutional process. [34]
Are jury trials provided for defendants charged with capital offenses?
Yes. [35]
Brief Description of Appellate Process
Antigua and Barbuda’s High Court of Justice and Court of Appeals are divisions of the Eastern Caribbean Supreme Court, [36] and the highest Court established by the Constitution is the Judicial Committee of the Privy Council. [37] Capital cases are tried and sentenced by the High Court of Justice [38] and appealed to the Court of Appeals, [39] and the JCPC exercises final appellate review. Appeals are as of right when a constitutional question is argued, or by leave of the JCPC in any criminal case. In practice, the JCPC always considers appeals against death sentences. [40] In cases involving the sentence of death, filing deadlines may be strict. [41]
Appeals from court martial-ordered death sentences are to the Court of Appeal and must be lodged within 10 days of the court-martial’s sentence. [42]
References
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[39]
[40]
[41]
[42]
Death Penalty In Practice
Where Are Death-Sentenced Prisoners incarcerated?
All prisoners are incarcerated at Her Majesty's Prison in St John's, the country’s only prison. [1] Pursuant to the Criminal Procedure Act, any prisoner who is sentenced to death must be confined separately from other prisoners. [2]
Description of Prison Conditions
Death row inmates are only allowed visits by the prison’s guards, medical officers and ministers of religion. Other visits are only allowed with permission from the trial court. [3]
Prison conditions generally are very poor. Her Majesty’s Prison, the country’s only prison, is severely overcrowded. In December 2012, there were 361 prisoners in a facility designed to house 150. [4] There are no toilets, and slop pails are used in all cells. Bribery and corruption are common among prison guards, who allegedly take bribes to smuggle in contraband. Poor ventilation means that cell temperatures are very high. Food and hygiene are poor. Pre-trial detainees and convicted prisoners are held separately only where space permits. Juveniles are held together with adults. Fires in 2010 and 2011 made the prison conditions even worse. However, prisoners have access to potable water. Women are held in a separate section with better conditions. Prisoners are able to make complaints. [5]
Are there any known foreign nationals currently under sentence of death?
We did not find reports of foreigners on death row. [6]
What are the nationalities of the known foreign nationals on death row?
We did not find reports of foreigners on death row. [7]
Are there any known women currently under sentence of death?
We did not find reports regarding women under sentence of death. A list of all seven inmates under a sentence of death, published in May 2013, did not include any clearly female names. [8]
Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?
We found no reports of juveniles under sentence of death.
Comments regarding the racial/ethnic composition on death row
We did not find reports regarding the racial or ethnic composition on death row.
Are there lawyers available for indigent defendants facing capital trials?
Yes. Authorities allow criminal defendants prompt access to lawyers and family members. The police must bring criminal defendants before a court to determine the legality of their detention within 48 hours of their arrest or detention. [9]
Are there lawyers available for indigent prisoners on appeal?
The government funds the representation of indigents facing capital charges, [10] but we did not find any specific law or statement that this extended to the appeals process.
Comments on Quality of Legal Representation
The law provides that lawyers may not refuse to take a capital case “except for good reason.” [11]
The U.S. State Department 2012 Human Rights Report for Antigua and Barbuda found that authorities allow criminal defendants prompt access to lawyers and family members. The report also noted that “[d]efendants enjoy a presumption of innocence, have timely access to counsel, may confront or question witnesses, and have the right to appeal.” [12] We have no information about the quality of legal representation.
Other Comments on Criminal Justice System
According to the U.S. Department of State, a defendant’s right to a fair trial by an impartial judiciary is enforced in Antigua and Barbuda. [13]
The police reportedly make excessive use of force when making arrests. [14]
The lengthiness of criminal judicial proceedings is a problem. Criminal trials used to occur three times a year in Antigua. However, recent reforms have attempted to address this problem, in particular by “introducing criminal trials throughout the whole year with one or two judges dedicated towards dealing with criminal trials.” [15] Moreover, Antigua has “introduced legislation that abolished and replaced preliminary investigations in respect of indictable offences with paper committals to ensure speedy trials.” [16]
References
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Decisions of International Human Rights Bodies
Decisions of Human Rights Committee
Antigua and Barbuda is not a party to the ICCPR, [1] so the Human Rights Committee does not issue observations or decisions on petitions.
Decisions of Other Human Rights Bodies
At its Universal Periodic Review before the U.N. Human Rights Council in 2011, the government stated that it had “no political mandate” for abolition but that it intended to educate the public towards abolition, particularly in the context of regional cooperation on the issue among nations which share the jurisdiction of the Eastern Caribbean Supreme Court. The delegation also implied that it might be moving towards abolition since it had a de facto moratorium on executions and had considered commuting existing death sentences into life imprisonment. [2] However, the government formally rejected all recommendations to abolish the death penalty. [3] Authorities stated that changing death penalty legislation was not acceptable in light of public opinion about capital punishment. [4] Nevertheless, the government accepted recommendations that it ratify international human rights conventions such as the International Covenant on Civil and Political Rights, which imposes restrictions on the implementation of capital punishment. [5] It also accepted a recommendation that it “rigorously apply international standards for fair trial in all death penalty cases and respect national legal procedures and the standards required by the Privy Council and the United Nations for the protection of the rights of prisoners sentenced to death.”
References
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Additional Sources and Contacts
Direct member(s) of World Coalition Against the Death Penalty
None.
Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty
The Child Rights International Network (CRIN), based in London, submitted a report to the U.N. Human Rights Council in 2011 dealing with children and the death penalty in Antigua and Barbuda.
CRIN
East Studio
2 Pontypool Place
London, SE1 8QF
United Kingdom
Tel: +44 (0)207 401 2257
[email protected]
www.crin.org
Helpful Reports and Publications
Child Rights International Network, Inhuman sentencing of child offenders in Antigua and Barbuda, http://www.crin.org/resources/infoDetail.asp?ID=26481&flag=report, Oct. 28, 2011.
Additional notes regarding this country
None.