A quick survey was taken of the group to assess their positions on the topic of capital punishment. Most of the participants supported the abolishment of the death penalty with a few exceptions among the Asian participants. The following were some of the main points put forward in support of its abolishment:

1. State as killer – The death penalty is cruel and unusual punishment, and the state cannot violate the right to life,

2. The deterrence argument that is often put forward in support of capital punishment has been proved by studies to be inconclusive,

3. Margin of error – Capital punishment was seen to be too harsh and final a punishment given that in any case there is always the possibility of errors being made in relation to the accused,

4. Insufficient knowledge about the psychology of murderers.

In favour of the death penalty, some felt that it was a just punishment especially in cases of certain types of murder. It was also felt by one participant that while the eventual abolishment of this punishment would be desirable, some countries were not yet prepared for that step.

An Irrational Argument

Overall, it was felt that the death penalty argument can be quite rational, however, at the end of the day, one must realise that the final argument pro or contra the death penalty is always the fruit of a political and moral choice. As such, the choice has necessarily an irrational aspect.

In the discourse between Asia and Europe, and in relation to the fact that all the European Union countries have abolished capital punishment but it remains in place at least in theory in all Asian ASEM countries with the exception of Cambodia, it was suggested that Europeans broaching the subject to their Asian counterparts can be met with hostility and seen as missionaries.

A Pragmatic Approach to Capital Punishment

From the point of view of the abolitionists, a pragmatic approach to dealing with this situation would be to work on reducing the number of crimes where the death penalty may be implemented first with a view towards its eventual de facto abolishment.

A case that was discussed somewhat at length in relation to this topic was the Marc Dutroux case in Belgium. The group noted that due to the extreme barbaric nature of this case, which included child-murder, kidnapping and rape there was an outcry from a sizeable percentage of the population demanding the reinstatement of the death penalty. On hindsight however, some participants were of the opinion that the public reaction to a particularly heinous crime may have been an outcry against the particular crime but not necessarily indicative that public opinion supports the death penalty.

Sources and Relevant Links:

ASEF Final Report of the Meeting. ASEF 4th Talks on the Hill “Cross-Examining Justice:Cultural, Religious and Social Conceptions of Justice in Asia & Europe.” 17-19 October 2004