The abolition of death penalty in France and Turkey: History, similarities and differences of two lateness abolitions in Europe.

Résumé du document

Capital punishment, the death penalty or execution, is the killing of a personal by judicial process for retribution and incapacitation. Crimes that can result in a death penalty are known as capital crimes or capital offences . Death penalty exists since the Antiquity. Effectively if we follow the Talion law, 'an eye for an eye', death penalty will be a normal punishment. If you kill you will be killed. But the development of new criminal theories changed the role of the punishment during the Enlightenment period. Effectively it was emphasized the fact that if you kill, you become a killer, then if you are a murderer you will be punished by death. This represents one of the strongest arguments against death penalty. Turkey and France are really different when compared to each other. France is a catholic and secular country while Turkey is secular but influenced by Muslim traditions and religion. Then, both religions do not share the same view of the death penalty. France was one of the founding fathers of the European Union while Turkey is not yet integrated as a member of the Union. France is known to be a defense of the human rights because of the declaration of the human rights enacted in 1789 while Turkey is more known for its lack of human rights. But, despite these differences, both countries were the latest abolitionist countries in Europe. Then, this comparison appears interesting because of their two different histories, and political, religious and social background.

Extraits

[...] The evolution of legislation on death penalty between 1920 and 1990 The Constitution of 1920 Four constitutions were enacted. In 1920, the Turkish Constitution did not deal with death penalty. But two laws were enacted and concerned capital punishment in certain circumstances. Then, the on Treason” set out that death penalty would be inflicted for treason and was applied during 71 years[23]. The on fugitives”[24] enacted the same year and applied during the first years of the Turkish Republic did not deal directly with capital punishment, but played a role in the establishment of the Tribunals of Independence. [...]

[...] Then unofficially, France and Turkey stopped death penalty in the same time. Effectively the last prisoner executed in Turkey was Hidir Aslan in 1984. In 1977, Hamida Djanboudi was sentenced by death penalty in France. Then for both the last execution was made before the Government and Parliament made a law prohibiting death penalty and this unofficial abolition was done in similar times. Influence of the international community In 1980's, a movement in favor of the abolition arose and permitted to give birth to new treaties in favor of human rights protection. [...]

[...] Then, in this logic, death penalty is useless because it is just repressive and several experiences proved that it is not deterrent. Then, he emphasized the immorality of this punishment and the irreparable risk of judiciary error. He proposed imprisonment and solitude instead of it. For him, the culpable must be put in prison for a length inferior of 24 years. Inspired by Beccaria's work, he also pleaded for the death of citizen which represents a danger for State safety[9]. [...]

[...] For the priest Jallet, the death penalty was contrary to the principle shall not kill”. Then from the abolitionist's thinking arose the principle of the absolute right of life. One of the main arguments was also the ineffectiveness of the death penalty because it plays in favor of the crime by showing cruelty to the population. Moreover from this period, philosophers and Scientifics started to think about the causes of the crimes. Concerning their detractors as Prugnon, Brillat-Savarin or Barère, they pleaded in favor of death penalty[11]. [...]

[...] The abolition of death penalty in Turkey: the latest of Europe In 1980's, a movement of abolition occurred in European, as for example in France. Effectively, the number of international conventions and treaties in favor of death penalty abolition increased and had therefore an impact in Europe and beyond. The last execution in Turkey occurred in October 1984 and sparked off numerous protests in the international community. Effectively, Hidir Aslan years old, had been executed because he was considered as a member of an illicit organization but without the proof that he committed a homicide. [...]