The risks of wrongful convictions in sexual offence cases are exacerbated by evidentiary
limitations, reliance on coerced confessions, and weak legal representation. In some
jurisdictions, broad or vague definitions of sexual offences and the absence of adequate
procedural safeguards increase the likelihood of unfair trials. Lawyers must ensure that due
process rights are rigorously upheld, advocate for the application of alternative punishments,
and challenge the use of capital punishment where it is disproportionate to the crime.
Blasphemy
Blasphemy, sedition, and other political offences continue to attract capital punishment in some
Asian jurisdictions. These laws are often applied selectively, targeting political dissidents,
religious minorities, and individuals exercising their right to free expression. The imposition
of the death penalty for such offences violates international human rights obligations, which
protect freedom of thought, conscience, religion, and expression.
The application of capital punishment in these cases is often arbitrary, lacks due process, and
fosters a climate of fear and repression. In many cases, blasphemy and sedition laws are
weaponised against minority groups or critics of the government, raising concerns about
discrimination and the erosion of fundamental freedoms. Lawyers defending individuals
accused of such offences must invoke international legal protections, challenge the legality of
such charges, and advocate for the abolition of capital punishment for non-violent crimes.
Additionally, they should work with civil society organisations and human rights defenders to
push for legal reforms that uphold democratic principles and human rights norms.
March 2025
21
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