As an independent bodycreated bythe Philippine Constitution to protect and
promote humanrights in the Philippines, the Commission on Human Rights has
made the following policy study on the justification and the efficacy of capital
punishment. This is pursuantto thevital state policyas stated in Article II, Section 11
of the Philippine Constitution that “The State values the dignity of every human
person and guaranteesfull respect for humanrights”.
Since the imposition ofthe death penalty in the country, about 350 persons as
of this date have beensentenced to death bytrial courts. Data gathered fromthe Free
Legal Assistance Group (FLAG) showthat at the end of 1994, there were 24 death
penaltyconvicts; at the end of 1995, the number of convicts rose to 90, an average of
7 convicts per month (twice the monthly average of capital sentences imposed in
1994). From January to June 1996, the numberof death penalty convicts reach 72, an
average of 12 convicts per month, almost twice the monthly average of capital
sentences imposedtheprior year.
Ecumenical studies of religious sectors revealed that the death penalty does
not serve as an effective deterrentto violent crimes. In a paper submitted to the CHR
dated September6, 1991, the National Council of Churchesin the Philippines (NCCP)
concluded:
“There are several studies which prove that the death penalty does not serve
as an effective deterrent to violent crimes. The UN conducted recently a survey of
research findings on the relation between the death penalty and homicide rates. The
report has concluded that “this research has failed to provide scientific proof the
executions have a greater deterrent effect than life imprisonment. The evidenceas a
wholestill gives no positive supportto the deterrent hypothesis.
Dr. Roger Hood from Oxford University found that the numberof homicides
in several countries including Canada, Australia and Jamaica has stayed the same or
even fallen after the abolition.
In France, the number of blood crimes has decreased since the abolition of
death penalty.
The use of death penalty as a political deterrent to terrorism andpolitical
violenceis considered a special case by most governments. Amnesty International is
not aware of any evidence that the use of death penalty has deterred would-be
terrorists. Psychiatrists who have conducted studies on the question of hijacking
recommendstrongly that the death penalty not be executed in such cases precisely
because it makes the crime appear morespectacular and drawsgreater attention to
the perpetrators.
The Lutheran Church in America renders invalid the deterrence theory in
capital punishment whentheysaid: “Insights from both criminal psychology and the
social cause of crime indicate the impossibility of demonstrating a deterrent values in
capital punishment.
The Fellowship of Reconciliation in their appeal to end all executions is
seeking restoration and notretribution. They said that “The United States Supreme
Court has (Gregg vs. Georgia) noted that there is no conclusive evidence that the
death penalty acts as a deterrent. The Fellowship believes that “capital crimes are
often impulsive and unplanned, and neither the presenceof the death penaltynor the
frequencyof executions have been shown to have anysignificant effect on homicide
rates.”