Death Penalty Database

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

[1] U.S. Dept. of State, Background Note: Saint Lucia, http://www.state.gov/r/pa/ei/bgn/2344.htm, Jan. 7, 2010.
[2] U.N. World Macro Regions and Components, U.N. Doc. ST/ESA/STAT/SER.R/29, 2000.
[3] Saint Lucia has not executed a prisoner since 1995, and for several years has not had any prisoners on death row. This state of affairs may be temporary and primarily related to legal barriers to carrying out executions and an unwillingness to sentence inmates to death given that the sentence is unlikely to be carried out. Alison Kentish, Should Hanging Be Reintroduced, HTS Channel 4, http://www.htsstlucia.com/2008_News/December/HTS_News_December_23rd_2008.html#sho, Dec. 23, 2008; South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010; Amnesty Intl., Death Sentences and Executions in 2008, pp. 22-23, ACT 50/003/2009, Mar. 24, 2009; Amnesty Intl., Death Sentences and Executions in 2009, pp. 24-25, 29, ACT 50/001/2010, Mar. 30, 2010.
[4] Criminal Code of St. Lucia, sec. 1111, Nov. 2003.

Country Details

Language(s)

English. [1]

Population

170,000. [2]

Number of Individuals Currently Under Sentence of Death

0. There was no one under sentence of death at the end of 2014, [3] and we have recorded no new death sentences since then. The last death row inmate had his death sentence commuted in 2013. [4]

(This question was updated on October 9, 2015.)

Annual Number of Reported Executions

Executions in 2017 to date (last updated on December 6, 2017)

0. [5]

Executions in 2016

0. [6]

Per capita execution rate in 2016

Executions in 2015

0. [7]

Per capita execution rate in 2015

0 executions.

Executions in 2014

0. [8]

Per capita execution rate in 2014

0 executions

Executions in 2013

0. [9]

Per capita execution rate in 2013

0 executions

Executions in 2012

0. [10]

Per capita execution rate in 2012

0 executions

Executions in 2011

0. [11]

Per capita execution rate in 2011

0 executions

Executions in 2010

0. [12]

Executions in 2009

0. [13]

Executions in 2008

0. [14]

Executions in 2007

0. [15]

Year of Last Known Execution

1995. [16]

References

[1] U.S. Dept. of State, Background Note: Saint Lucia, http://www.state.gov/r/pa/ei/bgn/2344.htm, Jan. 7, 2010.
[2] U.S. Dept. of State, Background Note: Saint Lucia, http://www.state.gov/r/pa/ei/bgn/2344.htm, Jan. 7, 2010.
[3] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2015.
[4] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[5] DPW Executions and Death Sentences Monitor.
[6] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 11, 2017.
[7] DPW Executions and Death Sentences Monitor.
[8] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2015.
[9] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[10] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 9, 2013.
[11] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[12] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[13] Amnesty Intl., Death Sentences and Executions in 2009, pp. 24-25, ACT 50/001/2010, Mar. 30, 2010; South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.
[14] South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010; Alison Kentish, Should Hanging Be Reintroduced, HTS Channel 4, http://www.htsstlucia.com/2008_News/December/HTS_News_December_23rd_2008.html#sho, Dec. 23, 2008.
[15] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. 15, 2008; Alison Kentish, Should Hanging Be Reintroduced, HTS Channel 4, http://www.htsstlucia.com/2008_News/December/HTS_News_December_23rd_2008.html#sho, Dec. 23, 2008.
[16] Alison Kentish, Should Hanging Be Reintroduced, HTS Channel 4, http://www.htsstlucia.com/2008_News/December/HTS_News_December_23rd_2008.html#sho, Dec. 23, 2008; South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010; Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. 15, 2008; Amnesty Intl., Death Sentences and Executions in 2009, pp. 24-25, ACT 50/001/2010, Mar. 30, 2010.

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]

Terrorism-Related Offenses Resulting in Death. [3]

Drug Trafficking Resulting in Death. [4]

Comments.
While terrorism resulting in death and drug trafficking resulting in death are capital offenses, they are punishable by death only when an intentional murder has occurred; thus, these are aggravated murder offenses. [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

[1] Criminal Code of St. Lucia, secs. 85, 86 (1)(a-f), Nov. 2003.
[2] Criminal Code of St. Lucia, sec. 87(3), Nov. 2003.
[3] Criminal Code of St. Lucia, sec. 86 (1)(f), Nov. 2003.
[4] Criminal Code of St. Lucia, sec. 86 (1)(d)(vi), Nov. 2003.
[5] Criminal Code of St. Lucia, sec. 86 (1)(d)(vi) & 86 (1) (f), Nov. 2003.
[6] Criminal Code of St. Lucia, sec. 86(5), Nov. 2003.
[7] Reyes v. The Queen, para. 43, Privy Council Appeal No. 64 of 2001, Judicial Committee of the Privy Council, 2002; The Queen v. Hughes, paras. 48, 50, 51, Privy Council Appeal No. 91 of 2001, Judicial Committee of the Privy Council, 2002.
[8] Criminal Code of St. Lucia, sec. 86(5), Nov. 2003.
[9] Reyes v. The Queen, para. 43, Privy Council Appeal No. 64 of 2001, Judicial Committee of the Privy Council, 2002; The Queen v. Hughes, paras. 48, 50, 51, Privy Council Appeal No. 91 of 2001, Judicial Committee of the Privy Council, 2002.
[10] Alison Kentish, Should Hanging Be Reintroduced, HTS Channel 4, http://www.htsstlucia.com/2008_News/December/HTS_News_December_23rd_2008.html#sho, Dec. 23, 2008; South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010; Amnesty Intl., Death Sentences and Executions in 2008, pp. 22-23, ACT 50/003/2009, Mar. 24, 2009; Amnesty Intl., Death Sentences and Executions in 2009, pp. 24-25, ACT 50/001/2010, Mar. 30, 2010.
[11] Criminal Code of St. Lucia, sec. 86(9), Nov. 2003.
[12] Criminal Code of St. Lucia, secs. 1007(1-3), 1113, 1114, Nov. 2003; The Saint Lucia Constitution Order 1978, ch. IV, arts. 74, 76, 1978.
[13] Criminal Code of St. Lucia, sec. 90(1), Nov. 2003.
[14] Criminal Code of St. Lucia, secs. 27, 28, 90(1), 1020, Nov. 2003.

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

2016 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [11]

Vote

Against. [12]

Signed the Note Verbale of Dissociation

Yes. [13]

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [14]

Vote

Against. [15]

Signed the Note Verbale of Dissociation

No. [16]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [17]

Vote

Against. [18]

Signed the Note Verbale of Dissociation

Yes. [19]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [20]

Vote

Against. [21]

Signed the Note Verbale of Dissociation

Yes. [22]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [23]

Vote

Against. [24]

Signed the Note Verbale of Dissociation

Yes. [25]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [26]

Vote

Against. [27]

Signed the Note Verbale of Dissociation

Yes. [28]

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?=en, last accessed Mar. 24, 2010.
[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?=en, last accessed Mar. 24, 2010.
[3] 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?=en, last accessed Mar. 24, 2010.
[4] 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?=en, last accessed Mar. 24, 2010.
[5] 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?=en, last accessed Mar. 24, 2010.
[6] 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?=en, last accessed Mar. 24, 2010.
[7] Status, Declarations, Reservations, Denunciations, Withdrawals, B-32: Amer. Conv. on Human Rights, Pact of San Jose, Costa Rica, Nov. 22, 1969, http://cidh.oas.org/basicos/english/basic4.amer.conv.ratif.htm, last accessed Apr. 28, 2010.
[8] Status, Declarations, Reservations, Denunciations, Withdrawals, B-32: Amer. Conv. on Human Rights, Pact of San Jose, Costa Rica, Nov. 22, 1969, http://cidh.oas.org/basicos/english/basic4.amer.conv.ratif.htm, last accessed Apr. 28, 2010.
[9] Status, Declarations, Reservations, Denunciations, Withdrawals, A-53: Prot. to the Amer. Conv. on Human Rights to Abolish the Death Penalty, Jun. 8, 1990, http://cidh.oas.org/basicos/english/basic8.death%20penalty%20ratif.htm, last accessed Apr. 28, 2010.
[10] Status, Declarations, Reservations, Denunciations, Withdrawals, A-53: Prot. to the Amer. Conv. on Human Rights to Abolish the Death Penalty, Jun. 8, 1990, http://cidh.oas.org/basicos/english/basic8.death%20penalty%20ratif.htm, last accessed Apr. 28, 2010.
[11] U.N.G.A., 71st 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. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[12] U.N.G.A., 71st 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. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[13] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. A/71/1047, Sep. 13, 2017.
[14] 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.
[15] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[16] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[17] 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.
[18] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[19] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[20] 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.
[21] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[22] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[23] 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.
[24] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16- 17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[25] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[26] 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.
[27] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16- 17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[28] 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?

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

[1] The Saint Lucia Constitution Order 1978, ch. III, arts. 26, 27, 32, 34; ch. IV, art. 76, 1978.
[2] The Saint Lucia Constitution Order 1978, ch. I, art. 2(1), 1978.
[3] The Saint Lucia Constitution Order 1978, Preamble (i), (j), 1978.
[4] Latin America Monitor, Tourism Looking Shaky, http://www.latinamericamonitor.com/file/74250/tourism-looking-shaky.html, Jan. 2009; Alison Kentish, Should Hanging Be Reintroduced, HTS Channel 4, http://www.htsstlucia.com/2008_News/December/HTS_News_December_23rd_2008.html#sho, Dec. 23, 2008; South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010; Amnesty Intl., Death Sentences and Executions in 2008, pp. 22-23, ACT 50/003/2009, Mar. 24, 2009; Amnesty Intl., Death Sentences and Executions in 2009, pp. 24-25, ACT 50/001/2010, Mar. 30, 2010.
[5] South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.
[6] Reyes v. The Queen, para. 43, Privy Council Appeal No. 64 of 2001, Judicial Committee of the Privy Council, 2002.
[7] The Queen v. Hughes, paras. 50-51, Appeal No. 91 of 2001, Judicial Committee of the Privy Council, 2002.
[8] This principle was reaffirmed as a “question beyond argument” in Phillip v. Queen, para. 9, Criminal Appeal No. 4 of 2003, Eastern Caribbean Court of Appeal, 2004.
[9] Pratt v. Jamaica, pp. 26-27, Appeal No. 10 of 1993, Judicial Committee of the Privy Council, 1993. This principle was adopted for Saint Lucia by Moise v. Queen, paras. 42-27, Criminal Appeal No. 8 of 2003, Eastern Caribbean Court of Appeal, 2005.
[10] The Saint Lucia Constitution Order 1978, ch. IV, arts. 74, 76, 1978.
[11] The Saint Lucia Constitution Order 1978, ch. IV, arts. 75, 76, 1978.
[12] Criminal Code of St. Lucia, secs. 1007(1)-(3), 1113, 1114, Nov. 2003.
[13] U.S. Dept. of State, 2009 Human Rights Report: Saint Lucia, http://www.state.gov/g/drl/rls/hrrpt/2009/wha/136125.htm#, Mar. 11, 2010; Criminal Code of St. Lucia, secs. 923, 937, 948, 959, Nov. 2003.
[14] Hughes v. The Queen, para. 58, Criminal Appeal No. 14 of 1997, Eastern Caribbean Court of Appeals, 2001; The Criminal Code of St. Lucia, secs. 85, 86, 91, Nov. 2003.
[15] U.S. Dept. of State, 2009 Human Rights Report: Saint Lucia, http://www.state.gov/g/drl/rls/hrrpt/2009/wha/136125.htm#, Mar. 11, 2010.
[16] Website at http://www.caribbeancourtofjustice.org/.
[17] South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.

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] South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.
[2] Alison Kentish, Should Hanging Be Reintroduced, HTS Channel 4, http://www.htsstlucia.com/2008_News/December/HTS_News_December_23rd_2008.html#sho, Dec. 23, 2008.
[3] Amnesty Intl., St. Lucia: Prisoner Shackled and Beaten for 11 Months, AMR 56/002/2000, Jul. 4, 2000.
[4] U.S. Dept. of State, 2009 Human Rights Report: Saint Lucia, http://www.state.gov/g/drl/rls/hrrpt/2009/wha/136125.htm#, Mar. 11, 2010.
[5] As of April 26, 2010. South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.
[6] As of April 26, 2010. South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.
[7] As of April 26, 2010. South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.
[8] As of April 26, 2010. South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.
[9] As of April 26, 2010. South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010.
[10] U.S. Dept. of State, 2009 Human Rights Report: Saint Lucia, http://www.state.gov/g/drl/rls/hrrpt/2009/wha/136125.htm#, Mar. 11, 2010; Legal Aid Act of Saint Lucia, sec. 31, 2007.
[11] Legal Aid Act of Saint Lucia, secs. 31, 35, 2007.
[12] Legal Aid Act of Saint Lucia, sec. 22, 2007.
[13] South Florida Caribbean News, Corporal Punishment Still Among St. Lucia's Statutes, http://www.sflcn.com/story.php?id=8040, Feb. 15, 2010; Alison Kentish, Should Hanging Be Reintroduced, HTS Channel 4, http://www.htsstlucia.com/2008_News/December/HTS_News_December_23rd_2008.html#sho, Dec. 23, 2008.
[14] Freedom House, Freedom in the World 2009 - Saint Lucia, http://www.unhcr.org/refworld/docid/4a64528ac.html, Jul. 16, 2009; U.S. Dept. of State, 2009 Human Rights Report: Saint Lucia, http://www.state.gov/g/drl/rls/hrrpt/2009/wha/136125.htm#, Mar. 11, 2010.

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] 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?=en, last accessed Mar. 24, 2010.

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.

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