Capital Punishment In Belize: A Legal Conundrum

Capital punishment, or the death penalty, is a legally authorised form of punishment for those who have committed unacceptable crimes. Belize is a parliamentary constitutional monarchy with a legal system modelled on the common law of England. Capital punishment was once a way of penalising criminals in Belize, with the last execution taking place in 1985 when a prisoner was executed for murder. Since then, Belize's death row has been empty, and the gallows have fallen into disrepair. While some argue for its reintroduction, others point to the monetary consumption, potential death of innocents, and violation of human rights that it entails.

Capital punishment in Belize: pros and cons

Capital punishment, or the death penalty, is a legal punishment in Belize, although it has not been enforced since 1985. The last person to be executed by the Belizean state was Kent Bowers, who was convicted of murder and hanged in June 1985. Since then, several people have been sentenced to death, but their sentences have not been carried out. Belize's death row is currently empty.

Pros

One argument in favour of retaining capital punishment is that it acts as a deterrent, preventing potential offenders from committing crimes that carry the death sentence.

Cons

Opponents of capital punishment in Belize argue that it is an inhumane practice that violates human rights. They also argue that the death penalty is applied unfairly, with four people currently on death row in Belize, convicted of murder. The mandatory nature of the death sentence for murder in Belize has also been criticised, as it does not allow judges to consider the circumstances of a case and impose a sentence that reflects the specifics of the crime.

Belize is a party to several international agreements that aim for the abolition of the death penalty, including the Second Optional Protocol to the ICCPR and the Protocol to the American Convention on Human Rights to Abolish the Death Penalty.

The death penalty is a highly controversial issue, with strong arguments on both sides. While some view it as a necessary tool for deterring serious crimes, others see it as an inhumane and unfair practice that violates human rights.

The last execution in Belize

Belize is one of the few remaining countries in South and Central America to retain the death penalty. However, the country has not carried out an execution since 1985, and it has been 10 years since the last death sentence was imposed.

The last person to be executed in Belize was Kent Bowers, a man convicted of murder. He was executed in June 1985. Belize's death penalty law at the time mandated that those convicted of murder be put to death.

Nora Parham (née Williams) is the only woman known to have been executed by Belize, which was known as British Honduras at the time of her death in 1963. She was hanged for the murder of her partner, Ketchell Trapp, a constable in the British Honduras Police Force. Parham admitted to throwing gasoline on Trapp during a domestic dispute but denied lighting him on fire, claiming that he accidentally set himself ablaze when he lit a cigarette. Despite an all-male jury's guilty verdict and a request for mercy, Parham was sentenced to death and hanged on June 5, 1963.

In 2015, the Supreme Court of Belize ruled that the death sentence of Glenford Baptist, the last man held on death row, was unconstitutional and amounted to inhuman treatment. Baptist had spent over 13 years facing the possibility of execution. This decision fuelled hopes that Belize would join the growing list of countries abolishing the death penalty.

The church's stance on capital punishment

The Catholic Church's position on capital punishment has varied throughout history, with the Church becoming increasingly critical of the practice since the early to mid-20th century. In 2018, the Catechism of the Catholic Church was revised to state that "the death penalty is inadmissible because it is an attack on the inviolability and dignity of the person". The Church now works actively for the abolition of capital punishment worldwide.

The Church's modern stance on capital punishment is largely shaped by the teachings of Pope John Paul II, Pope Francis, and the United States Conference of Catholic Bishops, who have all discouraged the use of the death penalty. Pope John Paul II, for instance, appealed for a consensus to end the death penalty, deeming it "both cruel and unnecessary". Pope Francis has also stated that he is against the death penalty, advocating that "capital sentences be commuted to a lesser punishment".

The Church's anti-death penalty position is rooted in the belief that punishment should be consistent with respect for human life and dignity. This belief is supported by the opening chapters of the Book of Genesis, which teach that every life is a precious gift from God. According to the Church, even perpetrators of terrible acts should be treated with dignity, as it is a gift from God that cannot be earned or lost through behaviour.

While the Old Testament includes passages about taking the life of one who kills, the Church interprets the Old Testament and the teachings of Christ in the New Testament as a call to protect life, practice mercy, and reject vengeance. For example, when Cain killed Abel, God did not end Cain's life but instead sent him into exile, protecting Cain's life by putting a mark on him.

The Church acknowledges that the state has the right to impose the death penalty on criminals convicted of heinous crimes if it is the only way to protect society. However, the Church maintains that this right should not be exercised when other ways are available to punish criminals and protect society that are more respectful of human life.

The Church's opposition to capital punishment is also influenced by the belief that the death penalty does not provide true closure or vindication for the victims of violent crimes. The Church recognises the hurt and horror that result from acts of violence and stands in solidarity with the families of victims. However, it believes that a death sentence cannot bring back a loved one or heal wounds. Instead, the Church encourages a culture of life, seeking to end the use of the death penalty and promote respect for human life in every situation.

Belize's legal system and capital punishment

Belize's legal system is modelled on the common law of England, with the country being a parliamentary constitutional monarchy. The structure of the government is based on the British parliamentary system.

The country's head of state is Queen Elizabeth II, who holds the title of Queen of Belize. The Queen resides in the United Kingdom and is represented in Belize by the Governor-General, who exercises executive authority alongside the cabinet, which is led by the Prime Minister of Belize.

Belize's legal system recognises capital punishment, also known as the death penalty, as the legally authorised killing of someone as a form of punishment for an unacceptable crime. Capital punishment was once a way of penalising criminals in Belize, with the last execution taking place in 1985 when a prisoner was executed for murder.

Since then, the death row in Belize has been empty, with the gallows in the only prison having fallen into disrepair. There have been controversies and debates surrounding the topic of capital punishment and its role in Belizean society. While the church goes against it, some sections of society support it.

The Belizean legal system provides certain rights to defendants, including the presumption of innocence until proven guilty, the right to be informed of the charges against them, the right to defend oneself before an independent and impartial court, the right to a public trial, and the right against self-incrimination and double jeopardy.

While capital punishment is still legally applicable in Belize, there have been pressures to change its provisions and constitution regarding the death penalty, especially in light of international legal instruments that the country has ratified, such as the International Covenant on Civil and Political Rights.

The death penalty and human rights

Capital punishment, or the death penalty, is the legally authorized killing of someone as a form of punishment for a crime. Belize is one of the countries that has previously implemented this practice. The last execution in Belize took place in 1985, when a prisoner was executed for murder. Since then, Belize has not performed any executions, and its death row is currently empty.

The death penalty is a highly controversial issue, with some arguing for its reintroduction and others calling for its complete abolition. Those in favor of capital punishment believe that it serves as a stronger deterrent against criminal acts, reduces the chances of people being attacked, and ensures that criminals do not get away with heinous crimes. However, the death penalty also raises significant concerns regarding human rights and has been the subject of extensive debate and campaigning by organizations such as Amnesty International.

Amnesty International, along with other human rights organizations, opposes the death penalty in all cases, regardless of the accused, the nature or circumstances of the crime, or the method of execution. They argue that the death penalty breaches two fundamental human rights: the right to life and the right to live free from torture or cruel, inhuman, or degrading treatment or punishment. These rights are protected under the Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948. While international law restricts the use of the death penalty to the most serious crimes, Amnesty International maintains that capital punishment is never justified.

The application of the death penalty often raises concerns about arbitrariness and discrimination, with a disproportionate impact on individuals from disadvantaged socio-economic backgrounds or belonging to racial, ethnic, or religious minorities. Additionally, there is a risk of executing innocent people, and methods of execution and death row conditions have been criticized as cruel and inhumane, amounting to torture. Since 1973, at least 150 people in the United States alone have been exonerated from death row, illustrating the fallibility of the justice system.

The international community has made significant strides toward abolishing the death penalty. As of 2023, 112 countries have completely abolished capital punishment, and over two-thirds are abolitionist in law or practice. Treaties and protocols, such as the Second Optional Protocol to the International Covenant on Civil and Political Rights, have been adopted to call for the total abolition of capital punishment. While Belize has not executed anyone in recent decades, it is important for the country to join the global movement toward abolishing the death penalty and uphold its commitment to protecting human rights.

Frequently asked questions