Death Penalty Database
(Archived Reports)

Madagascar

Information current as of: March 7, 2013

General

Official Country Name

Republic of Madagascar (Madagascar). [1]

Geographical Region

Africa (Eastern Africa). [2]

Death Penalty Law Status

Abolitionist de facto. [3]

Methods of Execution

Shooting. [4]

References

[1] U.S. Dept. of State, Background Note: Madagascar, http://www.state.gov/r/pa/ei/bgn/5460.htm, Jan. 19, 2012.
[2] U.N., Composition of macro geographical (continental) regions, geographical sub-regions, and selected economic and other groupings, http://unstats.un.org/unsd/methods/m49/m49regin.htm, Feb. 11, 2013.
[3] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Apr. 16, 2012. U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, p. 64, U.N. Doc. E/2010/10, Dec. 18, 2009.
[4] Penal Code of Madagascar, art. 12, as amended through to Jan. 28, 2005. Military Service Code of Justice, art.196, Oct. 1, 1962, as amended through to Feb. 8, 1977.

Country Details

Language(s)

Malagasy, French and English. [1]

Population

20.1 million (2010 est.). [2]

Number of Individuals Currently Under Sentence of Death

58. According to Amnesty International, there were 58 prisoners on death row at the end of September 2011. [3] The most recent official figures released by the Ministry of Justice indicated that there were 54 or 55 prisoners on death row in May 2009, [4] but this number might not have been completely accurate, due to “irregularities and the lack of any analysis in the Ministry of Justice reports,” [5] and in any event is out of date. In March 2008, the Director of the Penitentiary Administration had reported the existence of 44 detainees on death row. [6]

Death-sentences are still regularly pronounced by the courts. [7] Amnesty confirmed that there were at least two death sentences handed down in 2010, [8] and at least one in 2011. [9]

However, the organization ACAT-Madagascar (Action des Chrétiens pour l'Abolition de la Torture) reported to the U.N. Committee Against Torture that the actual number of death sentences and death-sentenced prisoners is much greater than these official numbers. During its visit of Antanimora prison October 2010, it found 185 prisoners sentenced to hard labor for life in that prison alone. This is the sentence into which death sentences are reported to be automatically commuted. [10]

Annual Number of Reported Executions

Executions in 2018 to date

0. [11]

Executions in 2016 (last updated on October 17, 2018)

0. [12]

Executions in 2017

0. [13]

Per capita execution rate in 2016

Executions in 2015

0. [14]

Per capita execution rate in 2015

0 executions.

Executions in 2014

0. [15]

Per capita execution rate in 2014

0 executions

Executions in 2013

0. [16]

Per capita execution rate in 2013

0 executions

Executions in 2012

0. [17]

Per capita execution rate in 2012

0 executions

Executions in 2011

0. [18]

Per capita execution rate in 2011

0 executions

Executions in 2010

0. [19]

Executions in 2009

0. [20]

Executions in 2008

0. [21]

Executions in 2007

0. [22]

Year of Last Known Execution

1958. [23]

References

[1] Constitution of the Republic of Madagascar, art. 4, last amended Apr. 27, 2007.
[2] U.S. Dept. of State, Background Note: Madagascar, http://www.state.gov/r/pa/ei/bgn/5460.htm, Jan. 19, 2012.
[3] Amnesty Intl., Death Sentences and Executions in 2011, p. 49, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[4] Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 11, http://www.worldcoalition.org/modules/wfdownloads/singlefile.php?cid=55&lid=328, Feb. 2010. FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, para. 10.7, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011.
[5] Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 45, n. 26, http://www.worldcoalition.org/modules/wfdownloads/singlefile.php?cid=55&lid=328, Feb. 2010.
[6] Madagascar-Tribune, Peine capitale, 44 condamnés, aucune exécution, http://www.madagascar-tribune.com/44-condamnes-aucune-execution,5122.html, Mar. 1, 2008.
[7] ACAT-Madagascar, interview with DPW, Dec. 3, 2010.
[8] Amnesty Intl., Death Sentences and Executions in 2010, ACT 50/001/2011, http://www.amnesty.org/en/library/info/ACT50/001/2011/en, Mar. 28, 2011.
[9] Amnesty Intl., Death Sentences and Executions in 2011, p. 49, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[10] FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, para. 10.7, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011.
[11] DPW Executions and Death Sentences Monitor.
[12] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 11, 2017.
[13] DPW Executions and Death Sentences Monitor.
[14] DPW Executions and Death Sentences Monitor.
[15] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2015.
[16] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[17] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 9, 2013.
[18] Amnesty Intl., Death Sentences and Executions in 2011, p. 58, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[19] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[20] Amnesty Intl., Death Sentences and Executions in 2009, ACT 50/001/2010, Mar. 30, 2010.
[21] Amnesty Intl., Death Sentences and Executions in 2008, ACT 50/003/2009, Mar. 24, 2009.
[22] Amnesty Intl., Death Sentences and Executions in 2007, ACT 50/001/2008, Apr. 15, 2008.
[23] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Apr. 16, 2012. U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, p. 64, U.N. Doc. E/2010/10, Dec. 18, 2009.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Aggravated Murder.
Parricide, [1] poisoning, planned murder (except for infanticide committed by the mother), [2] and murder committed to further or facilitate another offense, [3] such as the theft of an ox, [4] are punishable by death.

Other Offenses Resulting in Death.
The following offenses, when resulting in death, are punishable by death: castration, [5] kidnapping of a minor, [6] arson [7] and destruction by any means of buildings, facilities or steam engines. [8]

Robbery Not Resulting in Death.
Armed robbery is punishable by death. It is enough for one defendant to commit robbery with a visible or concealed weapon, or to leave a weapon in the vehicle used to transport him and his accomplices to or from the place where the offense was committed, for robbery to be punishable by death. [9]

Arson Not Resulting in Death.
Arson of inhabited dwellings, vehicles, or vessels, [10] and arson of any state-owned property, are punishable by death. [11]

Terrorism-Related Offenses Not Resulting in Death.
Destroying state property with fire or explosives [12] and laying an explosive with criminal intent [13] are punishable by death.

Kidnapping Not Resulting in Death.
Illegally arresting, detaining or sequestering a person is punishable by death if the victim was tortured. [14]

Treason.
Acts of treason and provocation to commit treason are punishable by death. [15] Attempting to murder the head of state, [16] inciting the population to civil war, [17] commanding military troops without authorization, [18] destroying state property with fire or explosives, [19] pillaging state property at the head of an armed group, [20] and plotting against the internal security of the state [21] are punishable by death.

Espionage.
Committing acts of espionage, or offering to commit such acts, is punishable by death. [22]

Military Offenses Not Resulting in Death.
Desertion or incitement to desertion, [23] rebellion in time of war, [24] plotting against the commander of a ship or endangering that ship, [25] disobedience [26] or dereliction of duty in presence of the enemy, [27] sabotage of a military vessel leading to that vessel’s loss, [28] aggravating the injury of a wounded soldier in order to steal from him, [29] destroying or attempting to destroy national defense facilities in time of war, [30] voluntary self-mutilation aimed at making oneself unfit for service in time of war, [31] and capitulating without orders to do so or before having exhausted all available means of defense [32] are punishable by death.

Other Offenses Not Resulting in Death.
The following offenses are punishable by death even when they do not result in death:
-poisoning; [33]
-assaulting an on-duty public officer, member of the police force or judge with the intent to kill; [34]
-committing torture or barbaric acts to further another crime; [35]
-committing perjury against a person who is later condemned to death. [36] An interpreter who deliberately falsifies a translation is punished in the same manner as a person who committed perjury; [37]
-attempting a death-eligible crime; [38]
-committing a second offense punishable by hard labor for life [39] (except if the first conviction was issued by a military tribunal). [40]

Does the country have a mandatory death penalty?

Yes. For one offense only: murder committed in the course of oxen theft.

Unless the law expressly provides otherwise, courts may take into consideration mitigating circumstances, [41] and commute the death penalty to forced labor, [42] or to a jail term of 5 to 10 years for offenses defined in the Military Service Code of Justice. [43] The only offense for which the law expressly excludes the consideration of mitigating circumstances is murder in the course of oxen theft. [44]

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

Aggravated Murder.
Murder committed before, during or after the offense of oxen theft is punished by death and the courts may not consider mitigating circumstances in handing down the sentence. [45] This is the only offense for which a death sentence is mandatory.

A member of ACAT-Madagascar explained in a December 2010 interview with DPW that oxen thefts are generally violent, involving assaults, murders and rapes. They are related to local religious beliefs. Cases of cattle theft tend to be investigated by village councils, rather than the police, since they take place in remote areas of the country. Oxen theft is tried before specially constituted “criminal courts”, which do not apply the principle of the presumption of innocence. Due to the specific nature of this offense, only aggravating circumstances, and never mitigating circumstances, are taken into account. [46]

Crimes For Which Individuals Have Been Executed Since January 2008:

Nobody has been executed since 1958. [47]

Categories of Offenders Excluded From the Death Penalty:

Individuals Below Age 18 At Time of Crime.
The age of criminal majority is 18 years, [48] but children between the ages of 16 and 18 may have their minority set aside and be sentenced as adults. [49] However, in a 2005 report, the Malagasy authorities stated that “despite this possibility (…) courts have in practice always admitted extenuating circumstances on grounds of age for minors aged between 16 and 18.” [50] Moreover, the 1972 Ordinance on Mitigating Circumstances excludes the application of mandatory penalties to individuals below 18 at the time of the commission of the offense, thus always enabling judges to admit mitigating circumstances. [51] We conclude that the death penalty is not applied to children, as reported by the Malagasy authorities and other sources. [52]

This is in conformity with Madagascar’s obligations as a party to the ICCPR [53] and to the Convention on the Rights of the Child, [54] which prohibit the execution of individuals for crimes committed while under the age of 18.

Pregnant Women.
Under national legislation, pregnant women can be executed only after they have given birth to their child. [55] This is in conformity with Madagascar’s obligations as a party to the ICCPR, [56] which prohibits the execution of pregnant women.

Women With Small Children.
Madagascar is party to the African Charter on the Rights and Welfare of the Child, [57] which prohibits the imposition of a death sentence on mothers of infants and young children. [58]

Mentally Ill.
Under Article 64 of the Penal Code, criminal acts committed by a person in a state of insanity are not considered offenses. [59]

References

[1] Penal Code of Madagascar, arts.302, 312, as amended through to Jan. 28, 2005.
[2] Penal Code of Madagascar, art. 302, as amended through to Jan. 28, 2005.
[3] Penal Code of Madagascar, art. 304, as amended through to Jan. 28, 2005.
[4] Ordinance on the Repression of Oxen Theft (Ordonnance relative à la répression des vols de bœufs), art.4, No. 60-106, Sep. 27, 1960, as amended through to May 17, 1976.
[5] Penal Code of Madagascar, art. 316, as amended through to Jan. 28, 2005.
[6] Penal Code of Madagascar, art. 355, as amended through to Jan. 28, 2005.
[7] Penal Code of Madagascar, arts. 434-435, 437, as amended through to Jan. 28, 2005.
[8] Penal Code of Madagascar, art. 437, as amended through to Jan. 28, 2005.
[9] Penal Code of Madagascar, art. 381, as amended through to Jan. 28, 2005.
[10] Penal Code of Madagascar, arts. 434-435, as amended through to Jan. 28, 2005.
[11] Penal Code of Madagascar, art. 95, as amended through to Jan. 28, 2005.
[12] Penal Code of Madagascar, art. 95, as amended through to Jan. 28, 2005.
[13] Penal Code of Madagascar, arts.435, 2, 302, as amended through to Jan. 28, 2005.
[14] Penal Code of Madagascar, art. 344, as amended through to Jan. 28, 2005.
[15] Penal Code of Madagascar, arts. 75-76, as amended through Jan. 28, 2005. Military Service Code of Justice, arts. 184-186, 188, 190, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[16] Penal Code of Madagascar, arts.87, 97, as amended through to Jan. 28, 2005.
[17] Penal Code of Madagascar, arts.91, 97, as amended through to Jan. 28, 2005.
[18] Penal Code of Madagascar, arts. 92-94, as amended through to Jan. 28, 2005.
[19] Penal Code of Madagascar, art. 95, as amended through to Jan. 28, 2005.
[20] Penal Code of Madagascar, art. 96, as amended through to Jan. 28, 2005.
[21] Penal Code of Madagascar, art. 125, as amended through to Jan. 28, 2005.
[22] Penal Code of Madagascar, art. 77, as amended through to Jan. 28, 2005. Military Service Code of Justice, art.187, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[23] Military Service Code of Justice, arts. 127, 128, 135, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[24] Military Service Code of Justice, art.136, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[25] Military Service Code of Justice, art.137, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[26] Military Service Code of Justice, art.138, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[27] Military Service Code of Justice, arts. 161, 163, 173, 177-179,180-181, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[28] Military Service Code of Justice, arts. 170, 172, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[29] Military Service Code of Justice, art.149, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[30] Military Service Code of Justice, arts. 155-156, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[31] Military Service Code of Justice, art.166, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[32] Military Service Code of Justice, arts. 168, 169, 171, 174, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[33] Penal Code of Madagascar, art. 302, as amended through to Jan. 28, 2005.
[34] Penal Code of Madagascar, art. 233, as amended through to Jan. 28, 2005.
[35] Penal Code of Madagascar, art. 303, as amended through to Jan. 28, 2005.
[36] Penal Code of Madagascar, art. 361, as amended through to Jan. 28, 2005.
[37] Penal Code of Madagascar, art. 367, as amended through to Jan. 28, 2005.
[38] Penal Code of Madagascar, art. 2, as amended through to Jan. 28, 2005.
[39] Penal Code of Madagascar, art. 56, as amended through to Jan. 28, 2005.
[40] Penal Code of Madagascar, art. 57, as amended through to Jan. 28, 2005.
[41] Penal Code of Madagascar, art. 462, as amended through to Jan. 28, 2005.
[42] Penal Code of Madagascar, art. 463, as amended through to Jan. 28, 2005.
[43] Military Service Code of Justice, art.198, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[44] Ordinance on Mitigating Circumstances, art. 1, sec. 2, No. 72-023, Sep. 18, 1972. Ordinance on the Repression of Oxen Theft (Ordonnance relative à la répression des vols de bœufs), art.4, No. 60-106, Sep. 27, 1960, as amended through to May 17, 1976.
[45] Ordinance on the Repression of Oxen Theft (Ordonnance relative à la répression des vols de bœufs), art.4, No. 60-106, Sep. 27, 1960, as amended through to May 17, 1976. Ordinance on Mitigating Circumstances, art. 1, sec. 2, No. 72-023, Sep. 18, 1972.
[46] ACAT-Madagascar, Interview with DPW, Dec. 3, 2010.
[47] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Apr. 16, 2012. U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, p. 64, U.N. Doc. E/2010/10, Dec. 18, 2009.
[48] Laurette Lalaharinivo & the Madagascar Ministry of Justice, Harmonisation of laws relating to children, Madagascar, p. 10, The African Child Policy Forum, 2005. U.N. Convention on the Rights of the Child Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 of the Convention, Third and fourth periodic report of States parties due in 2008, Madagascar, p. 30, para. 94, U.N. Doc. CRC/C/MDG/3-4, Aug. 16, 2010.
[49] Laurette Lalaharinivo & the Madagascar Ministry of Justice, Harmonisation of laws relating to children, Madagascar, p. 11, The African Child Policy Forum, 2005. U.N. Convention on the Rights of the Child Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 of the Convention, Third and fourth periodic report of States parties due in 2008, Madagascar, p. 95, para. 612, U.N. Doc. CRC/C/MDG/3-4, Aug. 16, 2010. U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Third periodic report, Madagascar, p. 61, para. 386, U.N. Doc. CCPR/C/MDG/2005/3, Jun. 13, 2005. U.N. Convention on the Rights of the Child Committee on the Rights of the Child, Consideration Of Reports Submitted By States Parties Under Article 44 Of The Convention, Concluding observations: Madagascar, p. 16, para. 67, U.N. Doc. CRC/C/15/Add.218, Oct. 27, 2003.
[50] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Third periodic report, Madagascar, p. 61, para. 387, U.N. Doc. CCPR/C/MDG/2005/3, Jun. 13, 2005.
[51] Ordinance on Mitigating Circumstances, art. 3, No. 72-023, Sep. 18, 1972.
[52] U.N.G.A. Human Rights Council, Rapport National Présenté Conformément Au Paragraphe 15 A) De L’annexe À La Resolution 5/1 Du Conseil Des Droits De L’homme, Madagascar, p. 19, para. 143, U.N. Doc. A/HRC/WG.6/7/MDG/1, Nov. 3, 2009. Laurette Lalaharinivo & the Madagascar Ministry of Justice, Harmonisation of laws relating to children, Madagascar, p. 44, The African Child Policy Forum, 2005. U.N. Convention on the Rights of the Child Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 of the Convention, Third and fourth periodic report of States parties due in 2008, Madagascar, p. 97, para. 637, U.N. Doc. CRC/C/MDG/3-4, Aug. 16, 2010. U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Third periodic report, Madagascar, p. 22, para. 106, U.N. Doc. CCPR/C/MDG/2005/3, Jun. 13, 2005.
[53] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 16, 2012.
[54] Status, Declarations, and Reservations, Convention on the Rights of the Child, 1577 U.N.T.S. 3, http://treaties.un.org/Pages/ViewDetails.aspx?src=UNTSONLINE&tabid=2&mtdsg_no=IV-11&chapter=4&lang=en#Participants , last accessed Apr. 16, 2012.
[55] Penal Code of Madagascar, art. 27, as amended through to Jan. 28, 2005. U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Third periodic report, Madagascar, p. 22, para. 106, U.N. Doc. CCPR/C/MDG/2005/3, Jun. 13, 2005.
[56] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 16, 2012.
[57] African Union, List of Countries which have signed, ratified/acceded to the African Charter on the Rights and Welfare of the Child, Doc. 0003, http://au.int/en/sites/default/files/Welfare%20of%20the%20Child.pdf, Feb. 7, 2012.
[58] A.U., African Charter On The Rights And Welfare Of The Child, art. 30,e, A.U. Doc. CAB/LEG/24.9/49, Jul. 11, 1990.
[59] Penal Code of Madagascar, art. 64, as amended through to Jan. 28, 2005.

International Commitments

ICCPR

Party?

Yes. [1]

Date of Accession

Jun. 21, 1971. [2]

Signed?

Yes. [3]

Date of Signature

Sep. 17, 1969. [4]

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

Yes. [5]

Date of Accession

Jun. 21, 1971. [6]

Signed?

Yes. [7]

Date of Signature

Sep. 17, 1969. [8]

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [9]

Date of Accession

Not Applicable.

Signed?

Yes. [10]

Date of Signature

Sep. 24, 2012. [11]

American Convention on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Death Penalty Protocol to the ACHR

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Yes. [12]

Date of Accession

Mar. 9, 1992. [13]

Signed?

No. [14]

Date of Signature

Not Applicable.

Protocol to the ACHPR on the Rights of Women in Africa

Party?

No. [15]

Date of Accession

Not Applicable.

Signed?

Yes. [16]

Date of Signature

Feb. 28, 2004. [17]

African Charter on the Rights and Welfare of the Child

Party?

Yes. [18]

Date of Accession

Mar. 30, 2005. [19]

Signed?

Yes. [20]

Date of Signature

Feb. 27, 1992. [21]

Arab Charter on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

2016 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

Vote

Signed the Note Verbale of Dissociation

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [22]

Vote

In Favor. [23]

Signed the Note Verbale of Dissociation

No. [24]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

Yes. [25]

Vote

In Favor. [26]

Signed the Note Verbale of Dissociation

No. [27]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

Yes. [28]

Vote

In Favor. [29]

Signed the Note Verbale of Dissociation

No. [30]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [31]

Vote

In Favor. [32]

Signed the Note Verbale of Dissociation

No. [33]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [34]

Vote

In Favor. [35]

Signed the Note Verbale of Dissociation

No. [36]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 16, 2012.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 16, 2012.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 16, 2012.
[4] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 16, 2012.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Apr. 16, 2012.
[6] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Apr. 16, 2012.
[7] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Apr. 16, 2012.
[8] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Apr. 16, 2012.
[9] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Feb. 14, 2013.
[10] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Feb. 14, 2013.
[11] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Feb. 14, 2013.
[12] African Union, List of countries which have signed, ratified/acceded to the African Charter of Human and People’s Rights, Doc. 0002, http://au.int/en/sites/default/files/African%20Charter%20on%20Human%20and%20Peoples'%20Rights.pdf, Feb. 21, 2013.
[13] African Union, List of countries which have signed, ratified/acceded to the African Charter of Human and People’s Rights, Doc. 0002, http://au.int/en/sites/default/files/African%20Charter%20on%20Human%20and%20Peoples'%20Rights.pdf, Feb. 21, 2013.
[14] African Union, List of countries which have signed, ratified/acceded to the African Charter of Human and People’s Rights, Doc. 0002, http://au.int/en/sites/default/files/African%20Charter%20on%20Human%20and%20Peoples'%20Rights.pdf, Feb. 21, 2013.
[15] African Union, List of countries which have signed, ratified/acceded to the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, Doc. 0025, http://au.int/en/sites/default/files/Rights%20of%20Women.pdf, Feb. 21, 2013.
[16] African Union, List of countries which have signed, ratified/acceded to the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, Doc. 0025, http://au.int/en/sites/default/files/Rights%20of%20Women.pdf, Feb. 21, 2013.
[17] African Union, List of countries which have signed, ratified/acceded to the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, Doc. 0025, http://au.int/en/sites/default/files/Rights%20of%20Women.pdf, Feb. 21, 2013.
[18] African Union, List of Countries which have signed, ratified/acceded to the African Charter on the Rights and Welfare of the Child, Doc. 0003, http://au.int/en/sites/default/files/Welfare%20of%20the%20Child_0.pdf, Feb. 21, 2013
[19] African Union, List of Countries which have signed, ratified/acceded to the African Charter on the Rights and Welfare of the Child, Doc. 0003, http://au.int/en/sites/default/files/Welfare%20of%20the%20Child_0.pdf, Feb. 21, 2013.
[20] African Union, List of Countries which have signed, ratified/acceded to the African Charter on the Rights and Welfare of the Child, Doc. 0003, http://au.int/en/sites/default/files/Welfare%20of%20the%20Child_0.pdf, Feb. 21, 2013
[21] African Union, List of Countries which have signed, ratified/acceded to the African Charter on the Rights and Welfare of the Child, Doc. 0003, http://au.int/en/sites/default/files/Welfare%20of%20the%20Child_0.pdf, Feb. 21, 2013
[22] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 141, 144, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014.
[23] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[24] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[25] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 95-96, U.N. Doc. A/67/457/Add.2, Dec. 8, 2012.
[26] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[27] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[28] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. A/65/456/Add.2, Dec. 8, 2010.
[29] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[30] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[31] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[32] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16- 17, U.N. Doc.A/63/PV.70, Dec. 18, 2008.
[33] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[34] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[35] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16- 17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[36] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

Under article 13 of the Constitution, “every individual is guaranteed the inviolability of his person.” [1]

Does the country’s constitution make reference to international law?

The Preamble to the Constitution provides that the International Bill of Human Rights, the African Charter on Human and Peoples’ Rights and the conventions concerning women and children’s rights are considered an integral part of Madagascar’s positive law. [2] The most likely interpretation of this provision is that only the human rights treaties which have been ratified by Madagascar form an integral part of national law. However, we note that the International Bill of Human Rights is understood informally as including the Second Optional Protocol to the ICCPR, whose signatories commit to abolishing the death penalty.

Under Article 132 of the Constitution, treaties or agreements properly ratified or approved have higher authority than national laws. [3]

Have there been any significant changes in the application of the death penalty over the last several years?

Since 1958, before its independence, Madagascar has not carried out any executions. [4] There is thus a de facto moratorium on executions in Madagascar, [5] but death sentences continue to be handed down by courts, including as recently as 2011. [6] In a joint report to the U.N. Committee Against Torture in October 2011, three human rights organizations in Madagascar reported that in practice, death sentences are commuted to sentences of hard labor for life. [7]

While many sources report that death sentences are systematically commuted to hard labor for life or life imprisonment, [8] other sources report that commutations are neither immediate nor automatic. [9] The Ministry of Justice keeps records of death row prisoners [10] in which they are identified as being sentenced to death. This implies that their sentences have not yet been commuted to life. [11] In practice however, because Madagascar has never executed anyone (the last execution took place before independence), [12] people on death row are seen as detainees serving prison terms. [13] As the Director of the Penitentiary Administration declared in March 2008, “the death penalty has been more or less transformed into a sentence of hard labor for life.” [14]

Any understanding of the country’s readiness for abolition must be considered within the context of the serious political crisis which has existed in Madagascar since 2008. Prior to the crisis, abolition bills were introduced by a senator in 2005 [15] and by the Ministry of Justice in 2006 but never received a reading at a plenary session. [16] The government was reported to be in favor of abolition, while Parliament was not—certain Parliamentary members argued that capital punishment deters those considering cattle theft, a recurrent violent problem in rural areas. [17] However, in 2007, the Minister of Justice announced that she personally believed that the death penalty should not be abolished in Madagascar following the publicized arrest of 12 persons accused of rebellion and murder following a land dispute. [18] In October 2010, the Minister of Justice declared that the debate would be re-opened after a campaign to raise public awareness on the subject. [19] In November 2011, the government delegation to the Committee Against Torture declared that it “needed more time” to change people’s minds about the usefulness of the death penalty. [20]

A 2011 report by ACAT documented the continued opposition of parliamentarians from the south of the country, due to concerns about the rise of oxen theft. ACAT also reports that some politicians have discussed reintroducing the death penalty for persons convicted of raping minors. [21]

Since the political crisis began, it has been reported that “for the moment, matters have reached an impasse. Very little is being done to move the issue along, either by the government or the media, which occasionally carry comments that lean towards favoring the death penalty, or by civil society organizations, which are generally rather weak. Only Action des Chrétiens pour l’abolition de la torture (ACAT) seems to be active on the subject.” [22]

In a December 2010 interview with DPW, a member of ACAT-Madagascar confirmed that the country’s current serious political crisis would not help to bring abolition to the top of the country’s political agenda. In addition, due to the frequent occurrence and extreme violence of oxen theft (see the section regarding mandatory death penalty), the population is not ready to accept abolition and further awareness-raising campaigns will be needed. “There is still a lot to be done”, according to the ACAT. [23]

However, in September 2012, Madagascar took a huge step towards abolition when President Andry Rajoelina signed the the Second Optional Protocol to the ICCPR at the UN’s 67th General Assembly. [24] As a signatory to the Protocol, Madagascar has an obligation to refrain from actions that would defeat its object and purpose. The Protocol aims at the universal abolition of capital punishment, and its parties commit to taking all necessary measures to abolish the death penalty. As of March 2013, there had been no reports of Madagascar ratifying or implementing the treaty through domestic legislation.

Is there currently an official moratorium on executions within the country?

No. [25] However, there is a de facto moratorium on executions which has not been given expression in the country’s laws. [26] In a joint report to the U.N. Committee Against Torture in October 2011, three human rights organizations in Madagascar reported that in practice, death sentences are commuted to sentences of hard labor for life. [27] While many sources report that death sentences are systematically commuted to hard labor for life or life imprisonment, [28] other sources report that commutations are neither immediate nor automatic. [29] The Ministry of Justice keeps records of death row prisoners, [30] in which they are identified as being sentenced to death. This implies that their sentences have not yet been commuted to life. [31] In practice however, because Madagascar has never executed anyone (the last execution took place before independence), [32] people on death row are seen as detainees serving prison terms. [33] As the Director of the Penitentiary Administration declared in March 2008, “the death penalty has been more or less transformed into a sentence of hard labor for life.” [34]

In September 2012, Madagascar took a huge step towards abolition when President Andry Rajoelina signed the the Second Optional Protocol to the ICCPR at the UN’s 67th General Assembly. [35] As a signatory to the Protocol, Madagascar has an obligation to refrain from actions that would defeat its object and purpose. The Protocol aims at the universal abolition of capital punishment, and its parties commit to taking all necessary measures to abolish the death penalty. As of March 2013, there had been no reports of Madagascar ratifying or implementing the treaty through domestic legislation.

Have there been any significant published cases concerning the death penalty in national courts?

In March 2003, the Madagascar Supreme Court reversed the trial court’s conviction of a defendant for murder, an offense which is punishable by death or life imprisonment. The defendant had originally been charged with a lesser, non-death-eligible offense, and was not notified of the new and more serious charge before the trial court convicted him. The Supreme Court of Madagascar found that the conviction violated the right to a defense and ordered a retrial. [36]

Where can one locate or access judicial decisions regarding the death penalty?

There is no website centralizing Malagasy jurisprudence but some decisions of the Supreme Court are posted on Juricaf, the search engine of the website of the AHJUCAF: http://www.juricaf.org/recherche_avancee.

Moreover, some decisions of the Haute-Cour Constitutionnelle (Constitutional High Court) are available on the court’s website: http://www.hcc.gov.mg/.

Case reporters are published and available in Madagascar. [37]

What is the clemency process?

It is the President’s prerogative to grant clemency. [38] Once a death sentence has become final, it is transmitted to the Ministry of Justice and no execution may be carried out until clemency has been denied. [39]

Are jury trials provided for defendants charged with capital offenses?

Yes, juries are provided before the civil criminal courts (i.e. ordinary criminal courts) [40] and the special criminal courts with jurisdiction over cattle theft. [41] An ordinary criminal court jury is composed of 4 members, [42] while a special criminal court jury is composed of 6 members. [43] The law does not provide for juries before the military criminal courts, [44] but those courts are not operational in any event. [45]

Brief Description of Appellate Process

Death sentences can be pronounced by criminal courts, [46] special criminal courts (with jurisdiction over cattle theft) [47] and in principle by military tribunals [48] (which are currently not operating). [49] Appeals from any of these courts can be lodged within 3 days of the parties being notified of the final decision [50] before the Court of Cassation of the Supreme Court, [51] on matters of law only. [52] If the Court of Cassation overturns the decision, the accused will be re-tried by the lower court, with a bench of new judges. [53]

Collateral review (i.e. limited appeal on factual matters) is also provided for. [54] There are four types of cases that can trigger a review by the Supreme Court, all of which relate to the emergence of new evidence potentially creating doubt as to the guilt of the accused. In three of these cases, the accused may request a review; in the fourth case, the Minister of Justice may request a review. [55]

References

[1] Constitution of the Republic of Madagascar, art. 13, last amended Apr. 27, 2007.
[2] Constitution of the Republic of Madagascar, Preamble, last amended Apr. 27, 2007.
[3] Constitution of the Republic of Madagascar, art. 132, last amended Apr. 27, 2007.
[4] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Apr. 16, 2012. U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, p. 64, U.N. Doc. E/2010/10, Dec. 18, 2009.
[5] U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Consideration of reports submitted by States parties under article 19 of the Convention, para. 5, U.N. Doc. CAT/MDG/CO/1, Dec. 21, 2011.
[6] Amnesty Intl., Death Sentences and Executions in 2010, ACT 50/001/2011, http://www.amnesty.org/en/library/info/ACT50/001/2011/en, Mar. 28, 2011. Amnesty Intl., Death Sentences and Executions in 2011, p. 49, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012. R.S, Six personnes condamnées à mort, Midi Madagasikara, http://www.midi-madagasikara.mg/midi/index.php?option=com_content&task=view&id=8827, Oct. 30, 2008. ACAT-Madagascar, interview with DPW, Dec. 3, 2010.
[7] FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, p. 9, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011.
[8] La Peine de Mort dans le Monde, La peine de mort – Madagascar, http://www.peinedemort.org/National/pays.php?pays=179, last accessed Apr. 16, 2012. U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Third periodic report, Madagascar, p. 22, para. 101, U.N. Doc. CCPR/C/MDG/2005/3, Jun. 13, 2005. U.N.G.A. Human Rights Council, National report submitted in accordance with paragraph 15 A) of the Annex to Human Rights Council Resolution 5/1, Madagascar, p. 6, para. 46, U.N. Doc. A/HRC/WG.6/7/MDG/1, Nov. 3, 2009.
[9] ACAT-Madagascar, interview with DPW, Dec. 3, 2010.
[10] Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 11, http://www.mediastroika.com/hosting/coalition/media/resourcecenter/wcadp-rapportmoratoire2010-fr.pdfhttp://www.worldcoalition.org/modules/wfdownloads/singlefile.php?cid=55&lid=328, Feb. 2010. Madagascar-Tribune, Peine capitale, 44 condamnés, aucune exécution, http://www.madagascar-tribune.com/44-condamnes-aucune-execution,5122.html, Mar. 1, 2008.
[11] Franck Gorchs-Chacou, Prison System Adviser with the European Commission in Madagascar, Eemail to DPW, Nov. 3, 2010.
[12] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Feb. 28, 2011Apr. 16, 2012. U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, p. 64, U.N. Doc. E/2010/10, Dec. 18, 2009.
[13] ACAT-Madagascar, interview with DPW, Dec. 3, 2010.
[14] Madagascar-Tribune, Peine capitale, 44 condamnés, aucune exécution, http://www.madagascar-tribune.com/44-condamnes-aucune-execution,5122.html, Mar. 1, 2008 (emphasis added).
[15] Ensemble Contre la Peine de Mort, La peine de mort : Madagascar, http://www.abolition.fr/ecpm/french/fiche-pays.php?pays=MDG, last accessed Apr. 16, 2012.
[16] Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 11, http://www.mediastroika.com/hosting/coalition/media/resourcecenter/wcadp-rapportmoratoire2010-fr.pdf, Feb. 2010.
[17] Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 11, http://www.mediastroika.com/hosting/coalition/media/resourcecenter/wcadp-rapportmoratoire2010-fr.pdf, Feb. 2010.
[18] BBC World News, Madagascar death penalty defended, http://news.bbc.co.uk/2/hi/africa/7098253.stm, Nov. 16, 2007.
[19] Sandra Rabearisoa, Peine de mort à Madagascar - Vers une abolition définitive, La Vérité, http://www.laverite.mg/societe-a-madagascar/peine-de-mort-a-madagascar-vers-une-abolition-definitive.html, Oct. 5, 2010.
[20] U.N. Office of the High Commissioner for Human Rights, Committee Against Torture Hears Response of Madagascar, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=11599&LangID=E, Nov. 11, 2011.
[21] FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, para. 10.7, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011.
[22] Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 12, http://www.mediastroika.com/hosting/coalition/media/resourcecenter/wcadp-rapportmoratoire2010-fr.pdf, Feb. 2010.
[23] ACAT-Madagascar, Interview with DPW, Dec. 3, 2010.
[24] RFI, Madagascar s’engage à abolir la peine de mort, http://www.rfi.fr/afrique/20120927-madagascar-s-engage-abolir-peine-mort, Sep. 27, 2012.
[25] Amnesty Intl., Amnesty International urges release of political prisoners, investigation into excessive use of force against demonstrators and freedom of the media, AFR 35/003/2010, Jun. 10, 2010.
[26] U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Consideration of reports submitted by States parties under article 19 of the Convention, paras. 5, 16, U.N. Doc. CAT/MDG/CO/1, Dec. 21, 2011.
[27] FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, p. 9, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011.
[28] La Peine de Mort dans le Monde, La peine de mort – Madagascar, http://www.peinedemort.org/National/pays.php?pays=179, last accessed Apr. 16, 2012. U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Third periodic report, Madagascar, p. 22, para. 101, U.N. Doc. CCPR/C/MDG/2005/3, Jun. 13, 2005. U.N.G.A. Human Rights Council, National report submitted in accordance with paragraph 15 A) of the Annex to Human Rights Council Resolution 5/1, Madagascar, p. 6, para. 46, U.N. Doc. A/HRC/WG.6/7/MDG/1, Nov. 3, 2009.
[29] ACAT-Madagascar, interview with DPW, Dec. 3, 2010.
[30] Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 11, http://www.mediastroika.com/hosting/coalition/media/resourcecenter/wcadp-rapportmoratoire2010-fr.pdfhttp://www.worldcoalition.org/module\/wfdownloads/singlefile.php?cid=55&lid=328, Feb. 2010. Madagascar-Tribune, Peine capitale, 44 condamnés, aucune exécution, http://www.madagascar-tribune.com/44-condamnes-aucune-execution,5122.html, Mar. 1, 2008.
[31] Franck Gorchs-Chacou, Prison System Adviser with the European Commission in Madagascar, Eemail to DPW, Nov. 3, 2010.
[32] Amnesty Intl., Death Penalty: Countries Abolitionist in Practice, http://www.amnesty.org/en/death-penalty/countries-abolitionist-in-practice, last accessed Feb. 28, 2011Apr. 16, 2012. U.N. ECOSOC, Capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary-General, p. 64, U.N. Doc. E/2010/10, Dec. 18, 2009.
[33] ACAT-Madagascar, interview with DPW, Dec. 3, 2010.
[34] Madagascar-Tribune, Peine capitale, 44 condamnés, aucune exécution, http://www.madagascar-tribune.com/44-condamnes-aucune-execution,5122.html, Mar. 1, 2008 (emphasis added).
[35] RFI, Madagascar s’engage à abolir la peine de mort, http://www.rfi.fr/afrique/20120927-madagascar-s-engage-abolir-peine-mort, Sep. 27, 2012.
[36] Case Name Unknown, Supreme Court of Madagascar Criminal Chamber, Case No. 87/96-PEN, Opinion No. 66, http://www.juricaf.org/arret/MADAGASCAR-COURSUPREME-20030314-8796PEN, Mar. 14, 2003.
[37] ACAT-Madagascar, Interview with DPW, Dec. 3, 2010.
[38] Constitution of the Republic of Madagascar, art. 57, last amended Apr. 27, 2007.
[39] Penal Procedure Code of Madagascar, art.549, Sep. 20, 1962, as amended through to Oct. 30, 1997. Military Service Code of Justice, art.89, Oct. 1, 1962, as amended through to Feb. 8, 1977. Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 11, http://www.mediastroika.com/hosting/coalition/media/resourcecenter/wcadp-rapportmoratoire2010-fr.pdf, Feb. 2010.
[40] Penal Procedure Code of Madagascar, art.408, Sep. 20, 1962, as amended through to Oct. 30, 1997.
[41] Ordinance on the Repression of Oxen Theft (Ordonnance relative à la répression des vols de bœufs), art.41, No. 60-106, Sep. 27, 1960, as amended through to May 17, 1976.
[42] Penal Procedure Code of Madagascar, art.409, Sep. 20, 1962, as amended through to Oct. 30, 1997.
[43] Ordinance on the Repression of Oxen Theft (Ordonnance relative à la répression des vols de bœufs), art.41, No. 60-106, Sep. 27, 1960, as amended through to May 17, 1976.
[44] Military Service Code of Justice, art.9, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[45] ACAT-Madagascar, Interview with DPW, Dec. 3, 2010.
[46] Penal Procedure Code of Madagascar, art.18, Sep. 20, 1962, as amended through to Oct. 30, 1997.
[47] Ordinance on the Repression of Oxen Theft (Ordonnance relative à la répression des vols de bœufs), arts. 1, 48, No. 60-106, Sep. 27, 1960, as amended through May 17, 1976.
[48] Military Service Code of Justice, art.3, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[49] ACAT-Madagascar, Interview with DPW, Dec. 3, 2010.
[50] Law on the Organization, Powers and Procedures of the Supreme Court (Loi relative à l'organisation, aux attributions, au fonctionnement et à la procédure applicable devant la Cour Suprême et les trois Cours la composant), arts. 60-61, No. 2004-036, Oct. 1, 2004. Military Service Code of Justice, art.78, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[51] Law on the Organization, Powers and Procedures of the Supreme Court (Loi relative à l'organisation, aux attributions, au fonctionnement et à la procédure applicable devant la Cour Suprême et les trois Cours la composant), art. 24, No. 2004-036, Oct. 1, 2004. Penal Procedure Code of Madagascar, arts. 444, 539, Sep. 20, 1962, as amended through to Oct. 30, 1997. Military Service Code of Justice, art.78, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[52] Law on the Organization, Powers and Procedures of the Supreme Court (Loi relative à l'organisation, aux attributions, au fonctionnement et à la procédure applicable devant la Cour Suprême et les trois Cours la composant), art. 25, No. 2004-036, Oct. 1, 2004.
[53] Law on the Organization, Powers and Procedures of the Supreme Court (Loi relative à l'organisation, aux attributions, au fonctionnement et à la procédure applicable devant la Cour Suprême et les trois Cours la composant), art. 34, No. 2004-036, Oct. 1, 2004. Military Service Code of Justice, arts. 83-85, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[54] Penal Procedure Code of Madagascar, arts. 544-545, Sep. 20, 1962, as amended through to Oct. 30, 1997. Military Service Code of Justice, art.92, Oct. 1, 1962, as amended through to Feb. 8, 1977.
[55] Law on the Organization, Powers and Procedures of the Supreme Court (Loi relative à l'organisation, aux attributions, au fonctionnement et à la procédure applicable devant la Cour Suprême et les trois Cours la composant), arts. 89-90, No. 2004-036, Oct. 1, 2004.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

Death-sentenced prisoners are not incarcerated in separate death row facilities and are not subject to specific penitentiary conditions, but most of them are held at Tsiafay prison (23 out of 54 or 55 according to official statistics from May 2009). [1] The remaining death-sentenced prisoners are detained in prisons throughout the country, including a couple in lower security “Maisons de Sûreté” prisons (one in Bealanana and one in Mahabo). [2] ACAT-Madagascar reports that death row prisoners are considered pariahs and do not benefit from the support of family and friends. As a result, they do not receive visits or supplementary food supplies, and suffer from mental health problems. [3]

It is reported that death sentences are automatically commuted to hard labor for life in Madagascar. Prisoners serving hard labor sentences were reported to be detained together with other prisoners at the prison of Antanimora in the capital Antananarivo in October 2010. [4]

Description of Prison Conditions

In 2005, the Malagasy authorities evaluated prison overcrowding to have reached 200% of prison capacity. [5] The U.N. Human Rights Council stated in November 2009 that “[t]he Malagasy Government has taken extensive steps since 2005 to ease overcrowding in prisons and make prison conditions more humane.” [6] However, in a report issued at the same time, the Malagasy authorities acknowledged that their efforts to reduce overcrowding and widespread malnutrition were still inadequate due to lack of financial resources. They also admitted that dilapidation of the prisons’ infrastructure, overcrowding, and lack of personnel were impediments to the respect of detainees’ rights. [7] There were reports of eight prisoners under sentence of death in Moaranseta prison starving to death as recently as September 2009. [8] ACAT-Madagascar also reports unsanitary conditions. [9] According to the U.S. Department of State, security forces subject prisoners to physical and mental abuse. [10]

In its latest report published in December 2011, the U.N. Committee Against Torture expressed serious concerns about prison conditions in Madagascar, citing “the failure to separate different categories of inmates, malnutrition, the lack of medical care which has led to the death of some inmates, and the inhuman conditions in punishment cells. The Committee also remains concerned about prison overcrowding; although the Constitution states that pretrial detention is an exceptional measure, more than half of the people held in prison have not yet been brought to trial. The Committee is particularly concerned about reports of the humiliating treatment of prisoners, of rape and of instances in which food is provided in exchange for the performance of sexual acts.” [11]

Are there any known foreign nationals currently under sentence of death?

As of March 2013, we did not find any reports of foreign nationals under sentence of death in Madagascar.

What are the nationalities of the known foreign nationals on death row?

As of March 2013, we did not find any reports of foreign nationals under sentence of death in Madagascar.

Are there any known women currently under sentence of death?

As of March 2013, we did not find any reports of women under sentence of death in Madagascar.

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?

As of March 2013, we did not find any reports of juveniles under sentence of death in Madagascar.

Comments regarding the racial/ethnic composition on death row

As of March 2013, we did not find any information regarding the racial/ethnic composition of death row.

Are there lawyers available for indigent defendants facing capital trials?

Defendants must be represented by counsel before the Criminal Court and Special Criminal Court and where they have not chosen one, courts will appoint one. [12] It is reported, however, that the fees paid to court-appointed counsel in criminal proceedings “are clearly inadequate” [13] and that many people are not aware of their right to representation. [14]

As a member of ACAT-Madagascar explained in a December 2010 interview with DPW, there is a significant discrepancy between legal aid as provided for by the law and legal aid in practice. Legal aid fees sometimes only just cover the expenses incurred by the lawyer to get a copy of the case files. This may explain why sometimes court-appointed lawyers “do not do their job.” In addition, most court-appointed lawyers are trainees who “do their best because they want to learn,” [15] but do not have the level of experience required to handle serious criminal cases.

Are there lawyers available for indigent prisoners on appeal?

By the end of our research, we were unable to find any information on the availability of legal aid before appellate courts.

Comments on Quality of Legal Representation

As a member of ACAT-Madagascar explained in a December 2010 interview with DPW, there is a significant discrepancy between legal aid as provided for by the law and legal aid in practice. Legal aid fees sometimes only just cover the expenses incurred by the lawyer to get a copy of the case files. This may explain why sometimes court-appointed lawyers “do not do their job.” In addition, most court-appointed lawyers are trainees who “do their best because they want to learn,” [16] but do not have the level of experience required to handle serious criminal cases.

Also, following the recent serious political crisis in Madagascar, Amnesty International has reported cases of political prisoners whose lawyers have been harassed and intimidated. [17]

Other Comments on Criminal Justice System

Police and gendarmes are reported by the U.S. Department of State to use unjustified lethal force during pursuit and arrest, with no action later taken against security force members responsible for killings. “Poor record keeping, an outdated judicial system that favored keeping the accused in detention until their trial, an insufficient number of magistrates, lack of resources, and difficult access in remote areas contributed to lengthy pretrial detention, ranging from several days to several years.(…) The judiciary was susceptible to executive influence at all levels, and corruption remained a serious problem.” [18]

In 2007, the U.N. Human Rights Committee expressed concern that numerous court case files were said to be lost or mismanaged. [19]

Moreover, since the serious political crisis which has existed in Madagascar since 2008, Amnesty International has reported that “[h]uman rights violations were committed with almost total impunity by the security forces, including unlawful arrests and detentions, excessive use of force against demonstrators and attacks on journalists and opposition leaders. Political opponents of the government were denied fair trials.” [20] For instance, the former President and Minister of Finance were tried in absentia by a criminal court and sentenced to four years in prison and a fine of US$ 70 million. According to Amnesty International, “[t]he trial was not made public and the defendants could not challenge the accusations,” [21] while “[o]thers have been denied the right to defense, or their lawyers have been harassed and intimidated.” [22]

References

[1] FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, para. 10.7, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011. La Peine de Mort dans le Monde, Madagascar : 17 "criminels dangereux" échappent à la prison, http://www.peinedemort.org/document.php?choix=3478, Jan. 5, 2009. Franck Gorchs-Chacou, Prison System Adviser with the European Commission in Madagascar, Email to DPW, Nov. 3, 2010.
[2] FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, para. 10.7, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011.
[3] FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, para. 10.7, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011.
[4] FIACAT, ACAT-Madagascar & OMCT, Rapport alternatif sur la mise en œuvre de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants par Madagascar, para. 10.7, http://www2.ohchr.org/english/bodies/cat/docs/ngos/FIACAT_OMCT_ACAT_Madagascar47_en.pdf, Oct. 17, 2011.
[5] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Third periodic report, Madagascar, p. 32, U.N. Doc. CCPR/C/MDG/2005/3, Jun. 13, 2005.
[6] U.N.G.A. Human Rights Council, Summary prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1, Madagascar, p. 3, para. 9, U.N. Doc. A/HRC/WG.6/7/MDG/3, Nov. 24, 2009.
[7] U.N.G.A. Human Rights Council, Rapport National Présenté Conformément Au Paragraphe 15 A) De L’annexe À La Résolution 5/1 Du Conseil Des Droits De L’homme, Madagascar, p. 10, para. 59, U.N. Doc. A/HRC/WG.6/7/MDG/1, Nov. 3, 2009.
[8] Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, p. 11, n. 27 http://www.mediastroika.com/hosting/coalition/media/resourcecenter/wcadp-rapportmoratoire2010-fr.pdf, Feb. 2010.
[9] U.N.G.A. Human Rights Council, Summary prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1, Madagascar, p. 3, para. 10, U.N. Doc. A/HRC/WG.6/7/MDG/3, Nov. 24, 2009.
[10] U.S. Dept. of State, 2010 Human Rights Report: Madagascar, http://www.state.gov/j/drl/rls/hrrpt/2010/af/154355.htm, Apr. 8, 2011.
[11] U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Consideration of reports submitted by States parties under article 19 of the Convention, para. 10, U.N. Doc. CAT/MDG/CO/1, Dec. 21, 2011.
[12] Penal Procedure Code of Madagascar, Sep. 20, 1962, art. 65, as amended through to Oct. 30, 1997. Ordinance on the Repression of Oxen Theft (Ordonnance relative à la répression des vols de bœufs), art.39, No. 60-106, Sep. 27, 1960, as amended through to May 17, 1976.
[13] U.N.G.A. Human Rights Council, Summary prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1, Madagascar, p. 4, para. 18, U.N. Doc. A/HRC/WG.6/7/MDG/3, Nov. 24, 2009.
[14] U.S. Dept. of State, 2010 Human Rights Report: Madagascar, http://www.state.gov/j/drl/rls/hrrpt/2010/af/154355.htm, Apr. 16, 2012.
[15] ACAT-Madagascar, Interview with DPW, Dec. 3, 2010.
[16] ACAT-Madagascar, Interview with DPW, Dec. 3, 2010.
[17] Amnesty Intl., Amnesty International urges release of political prisoners, investigation into excessive use of force against demonstrators and freedom of the media, AFR 35/003/2010, Jun. 10, 2010. Amnesty Intl., Suggested recommendations to states considered in the seventh round of Universal Periodic Review, February 2010, p. 19, IOR 41/030/2009, Dec. 2009.
[18] U.S. Dept. of State, 2010 Human Rights Report: Madagascar, http://www.state.gov/j/drl/rls/hrrpt/2010/af/154355.htm, Apr. 16, 2012.
[19] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Madagascar, p. 5, para. 24, U.N. Doc. CCPR/C/MDG/CO/3, May 11, 2007.
[20] Amnesty Intl., Amnesty International Report 2011: The State of the World’s Human Rights, p. 215, POL 10/001/2011, May 13, 2011.
[21] Amnesty Intl., Amnesty International Report 2010 – Madagascar, http://www.unhcr.org/refworld/docid/4c03a8185.html, last accessed Apr. 16, 2012.
[22] Amnesty Intl., Amnesty International urges release of political prisoners, investigation into excessive use of force against demonstrators and freedom of the media, AFR 35/003/2010, Jun. 10, 2010.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

In its 2007 Concluding Observations, the U.N. Human Rights Committee noted with concern the large number of crimes punishable by the death penalty in Madagascar and invited the country to abolish the death penalty and ratify the second Optional Protocol to the ICCPR. [1] The Committee asked Madagascar to submit information “on existing measures for the prevention of torture and similar mistreatment, and on the number of complaints of such treatment received and the action taken in response.” [2] It observed that the right of every arrested person to meet with a lawyer is not often respected, [3] that prisons are overcrowded and that detention conditions are said to be deplorable. [4] The Committee also expressed concern about the dysfunctional aspects of the judicial system, like the mismanagement of court case files, and recommended that detainees whose case files are missing be released without delay. [5]

Decisions of Other Human Rights Bodies

Following its last Universal Periodic Review by the U.N. Working Group in 2010, Madagascar supported the following recommendations: [6]
-To define torture in its domestic legislation, to make it a criminal offence with specific sanctions, to investigate all allegations of torture and to adopt effective measures to prevent torture; [7]
-To immediately take measures to stop all searches, arrests, detentions, prosecutions, and convictions that are arbitrary or inspired by political motives; [8]
-To release political detainees and cease arbitrary detentions; [9]
-To step up efforts to ensure substantial improvement in its penal institutions; [10]
-To implement effective measures and allocate adequate resources to ensure respect for international standards in prisons, especially with regard to food, health care and the hygiene of detainees; [11]
-To ensure for all the right to a fair trial; [12] and
-To complete the process of judicial and penal reform. [13]

Concerning the recommendations that Madagascar ratify the second Optional Protocol to the ICCPR, [14] adopt a de jure moratorium on the use of the death penalty [15] and abolish the death penalty, [16] Madagascar responded that “the conditions for the immediate abolition of capital punishment do not yet exist. A significant proportion of the population and a majority of Members of Parliament believe that the deterrent effect of maintaining the death penalty is still a useful means of combating insecurity.” [17] The government wishes to first organize a national debate to raise awareness concerning the death penalty and prepare people to accept abolition, before it will consider formally abolishing the death penalty and ratifying the Second Optional Protocol to the ICCPR. [18]

In its December 2011 review of Madagascar, the Committee Against Torture noted that a positive aspect of the country was the existence of the de facto moratorium on executions. [19] The Committee also noted that death sentences were systematically commuted into prison terms, but recommended that the moratorium be given expression in the law. It also stated that it “would like more information addressing reports that death sentences continue to be handed down and concerning prison conditions on death row, the amount of time it generally takes to commute death sentences to prison terms, the treatment of convicts sentenced to death and the right of such convicts to receive visits from family members and their lawyers.” [20]

References

[1] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Madagascar, p. 4, para. 15, U.N. Doc. CCPR/C/MDG/CO/3, May 11, 2007.
[2] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Madagascar, p. 4, para. 18, U.N. Doc. CCPR/C/MDG/CO/3, May 11, 2007.
[3] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Madagascar, pp. 4-5, para. 20, U.N. Doc. CCPR/C/MDG/CO/3, May 11, 2007.
[4] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Madagascar, p. 5, para. 22, U.N. Doc. CCPR/C/MDG/CO/3, May 11, 2007.
[5] U.N. ICCPR Human Rights Committee, Consideration Of Reports Submitted By States Parties Under Article 40 Of The Covenant, Concluding observations of the Human Rights Committee, Madagascar, p. 5, para. 24, U.N. Doc. CCPR/C/MDG/CO/3, May 11, 2007.
[6] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 12, para. 72, U.N. Doc. A/HRC/14/13, Mar. 26, 2010.
[7] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 13, paras. 72.28 - 72.30, U.N. Doc. A/HRC/14/13, Mar. 26, 2010.
[8] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 14, para. 72.32, U.N. Doc. A/HRC/14/13, Mar. 26, 2010.
[9] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 14, para. 72.33, U.N. Doc. A/HRC/14/13, Mar. 26, 2010.
[10] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 14, para. 72.34, U.N. Doc. A/HRC/14/13, Mar. 26, 2010.
[11] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 14, para. 72.35, U.N. Doc. A/HRC/14/13, Mar. 26, 2010.
[12] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 15, para. 72.49, U.N. Doc. A/HRC/14/13, Mar. 26, 2010.
[13] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 15, para. 72.50, U.N. Doc. A/HRC/14/13, Mar. 26, 2010.
[14] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 16, para. 73.3, U.N. Doc. A/HRC/14/13, Mar. 26, 2010
[15] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 16, para. 73.9, 73.11, U.N. Doc. A/HRC/14/13, Mar. 26, 2010
[16] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review, Madagascar, p. 16, paras. 73.10, 73.12, U.N. Doc. A/HRC/14/13, Mar. 26, 2010
[17] U.N.G.A. Human Rights Council, Rapport du Groupe de travail sur l’Examen périodique universel, Madagascar, Additif, Observations sur les conclusions et/ou recommandations, engagements exprimés et réponses de l’État examiné, p. 4, para. 18, U.N. Doc. A/HRC/14/13/Add.1, Jun. 8, 2010.
[18] U.N.G.A. Human Rights Council, Rapport du Groupe de travail sur l’Examen périodique universel, Madagascar, Additif, Observations sur les conclusions et/ou recommandations, engagements exprimés et réponses de l’État examiné, p. 4, paras. 20-21, U.N. Doc. A/HRC/14/13/Add.1, Jun. 8, 2010.
[19] U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Consideration of reports submitted by States parties under article 19 of the Convention, para. 5, U.N. Doc. CAT/MDG/CO/1, Dec. 21, 2011.
[20] U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Consideration of reports submitted by States parties under article 19 of the Convention, para. 16, U.N. Doc. CAT/MDG/CO/1, Dec. 21, 2011.

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

ACAT-Madagascar
Lot III U 152 T Bis X Anosizato-Est
Antananarivo 101
Madagascar
acatmadagascar@yahoo.fr
Tel: +261 33 28 350 53 / 34 17 762 55

Helpful Reports and Publications

Amnesty Intl., Madagascar: Urgent Need for Justice, Human Rights Violations During the political Crisis, AFR 35/001/2010, Feb. 4, 2010.

Amnesty Intl., Madagascar: Human Rights Must Be At the Heart of the Road Map to End the Crisis, AFR 35/001/2011, http://www.amnesty.org/en/library/asset/AFR35/001/2011/en/8db3441d-ee25-44b8-9cce-8d52921eb9ec/afr350012011en.pdf, Oct. 7, 2011.

Caroline Sculier, Towards a Universal Moratorium on the Use of the Death Penalty, Strategies, Arguments and Perspectives, World Coalition Against the Death Penalty, http://www.mediastroika.com/hosting/coalition/media/resourcecenter/wcadp-rapportmoratoire2010-fr.pdf, Feb. 2010.

Additional notes regarding this country

To learn more about the recent political crisis and its accompanying human rights violations (including extrajudicial killings), please see Amnesty Intl., Madagascar: Urgent Need for Justice, Human Rights Violations During the political Crisis, AFR 35/001/2010, Feb. 4, 2010. See also Amnesty Intl., Madagascar: Human Rights Must Be At the Heart of the Road Map to End the Crisis, AFR 35/001/2011, http://www.amnesty.org/en/library/asset/AFR35/001/2011/en/8db3441d-ee25-44b8-9cce-8d52921eb9ec/afr350012011en.pdf, Oct. 7, 2011.

This political crisis has placed prison system reforms on hold, [1] and has not helped to bring the abolition of the death penalty to the top of the country’s political agenda. [2]

References

[1] U.N.G.A. Human Rights Council, Summary prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1, Madagascar, p. 3, para. 9, U.N. Doc. A/HRC/WG.6/7/MDG/3, Nov. 24, 2009. U.S. Dept. of State, 2010 Human Rights Report: Madagascar, http://www.state.gov/j/drl/rls/hrrpt/2010/af/154355.htm, Apr. 16, 2012.
[2] ACAT-Madagascar, Interview with DPW, Dec. 3, 2010.

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