information on death penalty cases is accessible to civil society, oversight bodies,
and the public. This responsibility extends beyond individual cases to advocating
for greater institutional accountability and reform.
The secrecy surrounding capital punishment often enables procedural violations, unfair
trials, and arbitrary application of the death penalty. Lawyers are uniquely positioned to
document, analyse, and disclose critical information regarding state practices in capital
cases, including deficiencies in legal representation, coercive law enforcement tactics,
and inconsistencies in clemency and sentencing decisions. Where permitted by
professional ethics and client consent, lawyers should work in collaboration with civil
society organisations, independent oversight bodies, and international mechanisms to
highlight these concerns and push for systemic reforms.
Lawyers should also advocate for greater transparency in state decision-making
processes, including the publication of sentencing data, clemency decisions, execution
procedures, and prison conditions. This is particularly crucial in jurisdictions where
capital punishment is applied in secrecy, preventing meaningful public scrutiny and
denying the defendant a fair and dignified legal process. By strengthening transparency
and fostering public awareness, lawyers help expose patterns of injustice, hold
institutions accountable, and contribute to long-term efforts to safeguard due process and
human rights protection in death penalty cases.
March 2025
7
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