Saint Lucia
Information current as of: January 23, 2011
General
Official Country Name
Saint Lucia. [1]
Geographical Region
Latin America (Caribbean). [2]
Death Penalty Law Status
Abolitionist de facto. [3]
Methods of Execution
Hanging. [4]
References
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Country Details
Language(s)
English. [1]
Population
170,000. [2]
Number of Individuals Currently Under Sentence of Death
0.
There is no one on death row in Saint Lucia. [3] The last death row inmate’s death sentence was commuted in 2013. [4]
(This question was last updated on May 30, 2019.)
Annual Number of Reported Executions
Executions in 2020 to date (last updated on October 22, 2020)
0. [5]
Executions in 2019
0. [6]
Executions in 2018
0. [7]
Executions in 2017
0. [8]
Executions in 2016
0. [9]
Executions in 2015
0. [10]
Executions in 2014
0. [11]
Executions in 2013
0. [12]
Executions in 2012
0. [13]
Executions in 2011
0. [14]
Executions in 2010
0. [15]
Executions in 2009
0. [16]
Executions in 2008
0. [17]
Executions in 2007
0. [18]
Year of Last Known Execution
1995. [19]
References
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Crimes and Offenders Punishable By Death
Crimes Punishable by Death
Aggravated Murder.
Only some murders are "capital murder." Murders of criminal justice personnel or to interfere with the carriage of justice; murders committed to further sex offenses, hate crimes, terrorism, drug trafficking or drug offenses; and murders committed for pecuniary gain are capital offenses. [1] A person convicted of non-capital murder may be sentenced to death if the murder is a multiple murder or the offender has previously been convicted of murder. [2]
Murder. [3]
A person convicted of non-capital murder may be sentenced to death if the murder is a multiple murder or the offender has previously been convicted of murder. [4]
Terrorism-Related Offenses Resulting in Death. [5]
Does the country have a mandatory death penalty?
No. [6] The Judicial Committee of the Privy Council ruled in an appeal from Belize, Reyes v. The Queen (2002), that the mandatory death penalty constitutes inhuman or degrading punishment and is thus unconstitutional, and extended this ruling to Saint Lucia in The Queen v. Hughes (2002). [7]
For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?
The death penalty is not mandatory. [8] The Judicial Committee of the Privy Council ruled in an appeal from Belize, Reyes v. The Queen (2002), that the mandatory death penalty constitutes inhuman or degrading punishment and is thus unconstitutional, and extended this ruling to Saint Lucia in The Queen v. Hughes (2002). [9]
Crimes For Which Individuals Have Been Executed Since January 2008:
No one has been executed since 1995. [10]
Categories of Offenders Excluded From the Death Penalty:
Individuals Below Age 18 At Time of Crime. [11]
Pregnant Women.
Women pregnant at the time of sentencing cannot be sentenced to death, and women who become pregnant or evidence pregnancy while under sentence of death receive an automatic stay of execution until delivery or miscarriage and an automatic report to the Governor-General (who sets the dates of executions and has the prerogative of mercy). [12]
Intellectually Disabled.
The death penalty cannot be applied to those “suffering from such mental disorder (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his or her mental responsibility for his or her acts in doing or being a party to the killing.” [13]
Mentally Ill.
The death penalty cannot be applied to those “suffering from such mental disorder (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his or her mental responsibility for his or her acts in doing or being a party to the killing.” Individuals suffering from complete incapacity at the time of the offense are not criminally liable. [14]
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
Against. [12]
Signed the Note Verbale of Dissociation
Yes. [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
No. [19]
2012 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [20]
Vote
Against. [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
Yes. [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?
Saint Lucia’s constitution explicitly refers to capital punishment by barring persons under sentence of death from participation in parliament and by providing a procedure for capital cases. [1] Saint Lucia’s constitution implies a death penalty by providing that a person shall not be deprived of life intentionally save by lawful execution of the sentence of a court for a criminal offense. [2]
Does the country’s constitution make reference to international law?
The preamble to the Constitution references universal human rights and freedoms and provides that the Constitution seeks to protect those rights and freedoms. [3]
Have there been any significant changes in the application of the death penalty over the last several years?
Saint Lucia has not used the death penalty since 1995, and no prisoners are currently on death row. While this situation has remained unchanged over the last several years, some officials and legislators have made statements in support of a return to use of the death penalty. [4]
Is there currently an official moratorium on executions within the country?
No; officials maintain that the government still has the option of hanging offenders convicted of capital offenses. [5]
Have there been any significant published cases concerning the death penalty in national courts?
The most significant cases concerning the death penalty in Saint Lucia have emanated from the Judicial Committee of the Privy Council (JCPC) and the Eastern Caribbean Court. In Reyes v. The Queen (2002), the JCPC determined in a ruling that affected Saint Lucia that the mandatory death penalty constituted cruel, inhuman or degrading punishment. [6] Later that year, the JCPC in Queen v. Hughes held that Saint Lucia’s savings clause did not prevent a constitutional challenge to the mandatory nature of the death penalty, and extended Reyes to hold that the mandatory death penalty constitutes inhuman and degrading treatment under Saint Lucia’s Constitution. The JCPC directed Saint Lucia’s courts to sentence capital defendants with “regard to all the relevant circumstances,” thus striking down the mandatory death penalty. [7] Additionally, in Pratt v. Morgan v. Attorney General of Jamaica (adopted for Saint Lucia in 2005), the JCPC held that whenever a prisoner has been held more than five years on death row, he has presumptively been subjected to cruel, inhuman or degrading treatment. Under this decision, death row prisoners in Saint Lucia are entitled to commutation of their death sentences if they are not executed within five years of sentencing. [8]
Where can one locate or access judicial decisions regarding the death penalty?
Judgments of the Caribbean Court of Justice, which may eventually have jurisdiction as the court of final instance for Saint Lucia, are available at http://www.caribbeancourtofjustice.org/judgments.html. Judgments of the Judicial Committee of the Privy Council are available at http://www.privy-council.org.uk/output/Page31.asp. Judgments of the Eastern Caribbean Court are available at http://www.eccourts.org/judgments.html. These resources are consolidated at http://www.commonlii.org/resources/2739.html.
What is the clemency process?
The Governor-General has the prerogative of mercy, and may grant a pardon, clemency, commutation or stay of execution. [9] The Committee on the Prerogative of Mercy in death penalty cases in civilian courts obtains reports and makes recommendations on exercising the prerogative of mercy to the Governor-General. [10] In some instances the Governor-General may receive additional reports related to a potential exercise of the prerogative of mercy. [11]
Are jury trials provided for defendants charged with capital offenses?
Trials can be by a 12-person jury in capital cases. [12] In Hughes v. The Queen, the Judicial Committee of the Privy Council suggested that judges should be responsible for sentencing potentially involving the death penalty, but the Criminal Code preserves some sentencing determinations for consideration by the jury. [13]
Brief Description of Appellate Process
The High Court has unlimited authority in criminal cases, and all cases may be appealed to the Eastern Caribbean Court of Appeal and to the Privy Council in the United Kingdom as the final court of appeal. [14] Saint Lucia may change its court of final appeal to the Caribbean Court of Justice in Trinidad and Tobago, [15] and there is a movement to streamline the appeals process so that capital convicts do not escape execution merely due to procedural delays. [16]
References
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Death Penalty In Practice
Where Are Death-Sentenced Prisoners incarcerated?
There are currently no death row prisoners in Saint Lucia; [1] however, death row prisoners would be incarcerated in Bordelais Correctional Facility. [2]
Description of Prison Conditions
In the past, Amnesty International had accused Saint Lucia of torturing prisoners on death row, including one instance in which a man was shackled with six-inch chains around his legs for 11 months straight. [3] The U.S. Department of State has noted that prison conditions generally meet minimum international standards, with only slight overcrowding. [4]
Are there any known foreign nationals currently under sentence of death?
No one is under sentence of death. [5]
What are the nationalities of the known foreign nationals on death row?
No one is under sentence of death. [6]
Are there any known women currently under sentence of death?
No one is under sentence of death. [7]
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?
No one is under sentence of death. [8]
Comments regarding the racial/ethnic composition on death row
No one is under sentence of death. [9]
Are there lawyers available for indigent defendants facing capital trials?
Yes. [10]
Are there lawyers available for indigent prisoners on appeal?
Yes. Saint Lucia’s legal aid act extends legal aid for indigents requiring any reasonable legal service. [11]
Comments on Quality of Legal Representation
In Saint Lucia, a legal aid committee governed by a variety of experienced attorneys maintains a list of approved legal aid attorneys, each of whom must request to be legal aid attorneys, have at least four years experience and be licensed and in good standing. [12]
Other Comments on Criminal Justice System
With rising crime in St. Lucia, a number of government officials maintain the position that swift executions serve to deter criminals. [13] The criminal process is taking longer and longer to complete, with serious consequences such as lengthy pre-trial detention and overcrowding in Saint Lucia’s single prison for adults. [14]
References
[1]
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Decisions of International Human Rights Bodies
Decisions of Human Rights Committee
Saint Lucia is not a party to the ICCPR, [1] so the Human Rights Committee does not issue concluding observations or decisions regarding human rights in Saint Lucia.
Decisions of Other Human Rights Bodies
The Universal Periodic Review of human rights in Saint Lucia is scheduled for January 2011: http://www.upr-info.org/-Saint-Lucia-.html.
References
[1]
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
None.
Helpful Reports and Publications
None.
Additional notes regarding this country
None.