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Refusenik ( Russian : отказник , romanized :  otkaznik , from отказ (otkaz)  'refusal'; alternatively spelled refusnik ) was an unofficial term for individuals—typically, but not exclusively, Soviet Jews —who were denied permission to emigrate , primarily to Israel , by the authorities of the Soviet Union and other countries of the Soviet Bloc . The term refusenik is derived from the "refusal" handed down to a prospective emigrant from the Soviet authorities.

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91-473: In addition to the Jews, broader categories included: A typical basis to deny emigration was the alleged association with Soviet state secrets . Some individuals were labelled as foreign spies or potential seditionists who purportedly wanted to abuse Israeli aliyah and Law of Return ( right to return ) as a means of escaping punishment for high treason or sedition from abroad. Applying for an exit visa

182-471: A global moratorium on executions , with support for eventual abolition. Execution of criminals and dissidents has been used by nearly all societies since the beginning of civilisations on Earth. Until the nineteenth century, without developed prison systems, there was frequently no workable alternative to ensure deterrence and incapacitation of criminals. In pre-modern times the executions themselves often involved torture with painful methods, such as

273-834: A banner that read "Let us go to our son in Israel ". His wife Maria held a banner that read "Visa for my son". Fellow refusenik and Helsinki activist Ida Nudel held a similar display on the balcony of her own apartment. They were all arrested and charged with malicious hooliganism in violation of Article 206.2 of the Penal Code of the Soviet Union . The Moscow Helsinki Group protested their arrests in circulars dated 5 and 15 June of that year. Vladimir Slepak and Ida Nudel were convicted of all charges. They served 5 and 4 years in Siberian exile. Various activist organizations constituted

364-560: A basic right in its Poljica Statute of 1440. Sir Thomas More 's Utopia , published in 1516, debated the benefits of the death penalty in dialogue form, coming to no firm conclusion. More was himself executed for treason in 1535. More recent opposition to the death penalty stemmed from the book of the Italian Cesare Beccaria Dei Delitti e Delle Pene (" On Crimes and Punishments "), published in 1764. In this book, Beccaria aimed to demonstrate not only

455-530: A cherry tree in an orchard. In 1820, there were 160, including crimes such as shoplifting, petty theft or stealing cattle. The severity of the so-called Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime. In Nazi Germany , there were three types of capital punishment; hanging, decapitation, and death by shooting. Also, modern military organisations employed capital punishment as

546-497: A coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition. Despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one's ancestors to die without returning one's body to

637-476: A criminal offense. Many Jews encountered systematic, institutional antisemitism which blocked their opportunities for advancement. Some government sectors were almost entirely off-limits to Jews. In addition, Soviet restrictions on religious education and expression prevented Jews from engaging in Jewish cultural and religious life. While these restrictions led many Jews to seek emigration, requesting an exit visa

728-590: A few actively retain it; less than half of countries in Africa retain it; and the majority of countries in Asia retain it, for example, China , Japan and India . Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the EU. The United States is a notable exception: some states have had bans on capital punishment for decades,

819-439: A form of deterrence as opposed to retribution, can be traced back to Cesare Beccaria , whose influential treatise On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty. In England, Jeremy Bentham (1748–1832), the founder of modern utilitarianism, called for the abolition of the death penalty. Beccaria, and later Charles Dickens and Karl Marx noted

910-407: A means of maintaining military discipline. In the past, cowardice , absence without leave, desertion , insubordination , shirking under enemy fire and disobeying orders were often crimes punishable by death (see decimation and running the gauntlet ). One method of execution, since firearms came into common use, has also been firing squad, although some countries use execution with a single shot to

1001-418: A means of protection of the latter vis-à-vis criminals. In the last several centuries, with the emergence of modern nation states , justice came to be increasingly associated with the concept of natural and legal rights . The period saw an increase in standing police forces and permanent penitential institutions. Rational choice theory , a utilitarian approach to criminology which justifies punishment as

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1092-417: A more unified system of justice which formalized the relation between the different "social classes" rather than "tribes". The earliest and most famous example is Code of Hammurabi which set the different punishment and compensation, according to the different class or group of victims and perpetrators. The Torah/Old Testament lays down the death penalty for murder, kidnapping, practicing magic, violation of

1183-570: A precise meaning – those denied exit from the Soviet Union ;– its meaning has sometimes diverged away from this sense. It began to be used to mean "outsider" for groups other than Russian Jews and later to mean "those who refuse" rather than its original sense of "those who are refused". Over time, "refusenik" has entered colloquial English for a person who refuses to do something, especially by way of protest. In 1992, Mikhail Gorbachev referred to himself as

1274-484: A religious context and compensation system. Compensation was based on the principle of substitution which might include material (for example, cattle, slaves, land) compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of

1365-427: A result, tens of thousands of women were prosecuted for witchcraft and executed through the witch trials of the early modern period (between the 15th and 18th centuries). The death penalty also targeted sexual offences such as sodomy . In the early history of Islam (7th–11th centuries), there is a number of "purported (but mutually inconsistent) reports" ( athar ) regarding the punishments of sodomy ordered by some of

1456-557: A significant proportion of income to the Islamic states while conversely reducing many Christians to poverty, and these financial and social hardships forced many Christians to convert to Islam. Christians unable to pay these taxes were forced to surrender their children to the Muslim rulers as payment who would sell them as slaves to Muslim households where they were forced to convert to Islam . Many Christian martyrs were executed under

1547-587: A six-year moratorium on executions after the Peshawar school massacre during which 132 students and 9 members of staff of the Army Public School and Degree College Peshawar were killed by Tehrik-i-Taliban Pakistan terrorists, a group distinct from the Afghan Taliban , who condemned the attack. Since then, Pakistan has executed over 400 convicts. In 2017, two major countries, Turkey and

1638-457: A sovereign collectivity, identifies itself with positive or the law in force of the city. In fact, it finds its guarantee in the death penalty which threatens all those who do not respect it." Plato saw the death penalty as a means of purification, because crimes are a "defilement". Thus, in the Laws , he considered necessary the execution of the animal or the destruction of the object which caused

1729-802: A status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression. The top 3 countries by the number of executions are China , Iran and Saudi Arabia . As of 2021, 56 countries retain capital punishment , 111 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice. Although

1820-477: A thousand cuts, was used from the close of the Tang dynasty (around 900) to its abolition in 1905. When a minister of the fifth grade or above received a death sentence the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to

1911-487: A trend toward abolishing capital punishment. Capital punishment has been completely abolished by 108 countries, a further seven have done so for all offences except under special circumstances and 26 more have abolished it in practice because they have not used it for at least 10 years and are believed to have a policy or established practice against carrying out executions. In the United States between 1972 and 1976

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2002-476: A week after Carter won the presidential election, the Soviet authorities released all but two of the previously arrested protesters. Several more were subsequently rearrested and incarcerated or exiled to Siberia. On 1 June 1978, refuseniks Vladimir and Maria Slepak stood on the eighth story balcony of their apartment building. By then they had been denied permission to emigrate for over 8 years. Vladimir displayed

2093-495: Is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death." He argued that executing an accused criminal on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof , until we would be convicting merely "according to the judge's caprice". Maimonides's concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission. While during

2184-560: Is commonly referred to as being "on death row ". Etymologically, the term capital ( lit.   ' of the head ' , derived via the Latin capitalis from caput , "head") refers to execution by beheading , but executions are carried out by many methods , including hanging , shooting , lethal injection , stoning , electrocution , and gassing . Crimes that are punishable by death are known as capital crimes , capital offences , or capital felonies , and vary depending on

2275-505: Is controversial, with many people, organisations, and religious groups holding differing views on whether it is ethically permissible. Amnesty International declares that the death penalty breaches human rights, specifically "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 , adopted by

2366-466: Is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organized religion. It may result from crime, land disputes or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished." In most countries that practice capital punishment, it

2457-483: Is now reserved for murder, terrorism, war crimes, espionage, treason, or as part of military justice. In some countries, sexual crimes , such as rape, fornication , adultery , incest , sodomy , and bestiality carry the death penalty, as do religious crimes such as Hudud , Zina , and Qisas crimes, such as apostasy (formal renunciation of the state religion ), blasphemy , moharebeh , hirabah , Fasad , Mofsed-e-filarz and witchcraft. In many countries that use

2548-719: Is preserved and used in parallel, particularly in Israeli and Jewish articles about the historical events from which it emerged. State secrets Too Many Requests If you report this error to the Wikimedia System Administrators, please include the details below. Request from 172.68.168.150 via cp1114 cp1114, Varnish XID 870377300 Upstream caches: cp1114 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 07:44:42 GMT Death sentence Note: Varies by jurisdiction Note: Varies by jurisdiction Capital punishment , also known as

2639-663: The 1974 Trade Act . Jackson–Vanik affected U.S. trade relations with countries with non-market economies (originally, countries of the Communist bloc) that restricted freedom of Jewish emigration and other human rights. As such, it was applied to the USSR. According to Mark E. Talisman , those who benefited included Jewish refuseniks from the Soviet Union, as well as Hungarians, Romanians, and other citizens that sought to emigrate from their nations. Although Refusenik originally had

2730-635: The Abbasid caliphs in Baghdad (most notably al-Mu'tadid ), were often cruel in their punishments. In early modern England, the Buggery Act 1533 stipulated hanging as punishment for " buggery ". James Pratt and John Smith were the last two Englishmen to be executed for sodomy in 1835. In 1636 the laws of Puritan governed Plymouth Colony included a sentence of death for sodomy and buggery. The Massachusetts Bay Colony followed in 1641. Throughout

2821-527: The Cultural Revolution (1966–1976). Partly as a response to such excesses, civil rights organisations started to place increasing emphasis on the concept of human rights and an abolition of the death penalty. By continent, all European countries but one have abolished capital punishment; many Oceanian countries have abolished it; most countries in the Americas have abolished its use, while

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2912-960: The Philippines , saw their executives making moves to reinstate the death penalty. In the same year, passage of the law in the Philippines failed to obtain the Senate's approval. On 29 December 2021, after a 20-year moratorium, the Kazakhstan government enacted the 'On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Abolition of the Death Penalty' signed by President Kassym-Jomart Tokayev as part of series of Omnibus reformations of

3003-669: The Presidium of the Supreme Soviet to petition for explanations of denials of their right to emigrate from the USSR, as affirmed under the Helsinki Final Act. Failing to receive any answer, they assembled in the reception room of the Presidium on the following day. After a few hours of waiting, they were seized by the police , taken outside of the city limits and beaten. Two of them were kept in police custody. In

3094-749: The Sabbath , blasphemy, and a wide range of sexual crimes, although evidence suggests that actual executions were exceedingly rare, if they occurred at all. A further example comes from Ancient Greece , where the Athenian legal system replacing customary oral law was first written down by Draco in about 621 BC: the death penalty was applied for a particularly wide range of crimes, though Solon later repealed Draco's code and published new laws, retaining capital punishment only for intentional homicide, and only with victim's family permission. The word draconian derives from Draco's laws. The Romans also used

3185-770: The Soviet Jewry Movement . Human rights organizations included the Cleveland Council on Soviet Anti-Semitism (1963), Student Struggle for Soviet Jewry (1964), Bay Area Council for Soviet Jews (1967), the Union of Councils for Soviet Jews (1970), and the National Coalition Supporting Soviet Jewry (1971). Another major source of pressure in favor of the rights of refuseniks was the Jackson–Vanik amendment to

3276-486: The Tang dynasty (618–907) when the death penalty was abolished. This was in the year 747, enacted by Emperor Xuanzong of Tang (r. 712–756). When abolishing the death penalty, Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution. Thus, depending on the severity of the crime a punishment of severe scourging with

3367-714: The United Nations in 1948. In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe , which has 46 member states, has worked to end the death penalty and no execution has taken place in its current member states since 1997. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020, eight non-binding resolutions calling for

3458-488: The breaking wheel , keelhauling , sawing , hanging, drawing and quartering , burning at the stake , crucifixion , flaying , slow slicing , boiling alive , impalement , mazzatello , blowing from a gun , schwedentrunk , and scaphism . Other methods which appear only in legend include the blood eagle and brazen bull . The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that

3549-410: The death penalty and formerly called judicial homicide , is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence , and the act of carrying out the sentence is known as an execution . A prisoner who has been sentenced to death and awaits execution is condemned and

3640-521: The early caliphs . Abu Bakr , the first caliph of the Rashidun Caliphate , apparently recommended toppling a wall on the culprit, or else burning him alive , while Ali ibn Abi Talib is said to have ordered death by stoning for one sodomite and had another thrown head-first from the top of the highest building in the town; according to Ibn Abbas , the latter punishment must be followed by stoning. Other medieval Muslim leaders, such as

3731-611: The 19th century, U.S. states repealed death sentences from their sodomy laws, with South Carolina being the last to do so in 1873. Historians recognise that during the Early Middle Ages , the Christian populations living in the lands invaded by the Arab Muslim armies between the 7th and 10th centuries suffered religious discrimination , religious persecution , religious violence , and martyrdom multiple times at

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3822-410: The Islamic death penalty for defending their Christian faith through dramatic acts of resistance such as refusing to convert to Islam, repudiation of the Islamic religion and subsequent reconversion to Christianity , and blasphemy towards Muslim beliefs . Despite the wide use of the death penalty, calls for reform were not unknown. The 12th-century Jewish legal scholar Moses Maimonides wrote: "It

3913-527: The Kazak legal system 'Listening State' initiative. In 724 AD in Japan, the death penalty was banned during the reign of Emperor Shōmu but the abolition only lasted a few years. In 818, Emperor Saga abolished the death penalty under the influence of Shinto and it lasted until 1156. In China, the death penalty was banned by Emperor Xuanzong of Tang in 747 , replacing it with exile or scourging . However,

4004-552: The Middle Ages the expiatory aspect of the death penalty was taken into account, this is no longer the case under the Lumières . These define the place of man within society no longer according to a divine rule, but as a contract established at birth between the citizen and the society, it is the social contract . From that moment on, capital punishment should be seen as useful to society through its dissuasive effect, but also as

4095-653: The ban only lasted 12 years. Following his conversion to Christianity in 988, Vladimir the Great abolished the death penalty in Kievan Rus' , along with torture and mutilation; corporal punishment was also seldom used. In England, a public statement of opposition was included in The Twelve Conclusions of the Lollards , written in 1395. In the post-classical Republic of Poljica , life was ensured as

4186-475: The crime because the social system was based on tribes and clans, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things . Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat or blood money). One of the more modern refinements of the blood feud is the duel . In certain parts of

4277-471: The crime committed. It inspired Western criminal law until the 17th century, a time when the first reflections on the abolition of the death penalty appeared. The Twelve Tables , the body of laws handed down from archaic Rome, prescribe the death penalty for a variety of crimes including libel, arson and theft. During the Late Republic , there was consensus among the public and legislators to reduce

4368-429: The death of a man by accident. For the murderers, he considered that the act of homicide is not natural and is not fully consented by the criminal. Homicide is thus a disease of the soul , which must be reeducated as much as possible, and, as a last resort, sentence to death if no rehabilitation is possible. According to Aristotle , for whom free will is proper to man, a person is responsible for their actions. If there

4459-453: The death penalty , drug trafficking and often drug possession is also a capital offence. In China, human trafficking and serious cases of corruption and financial crimes are punished by the death penalty. In militaries around the world, courts-martial have imposed death sentences for offences such as cowardice, desertion , insubordination , and mutiny . Elaborations of tribal arbitration of feuds included peace settlements often done in

4550-448: The death penalty for a wide range of offences. Protagoras (whose thought is reported by Plato ) criticised the principle of revenge, because once the damage is done it cannot be cancelled by any action. So, if the death penalty is to be imposed by society, it is only to protect the latter against the criminal or for a dissuasive purpose. "The only right that Protagoras knows is therefore human right, which, established and sanctioned by

4641-577: The death penalty was a part of their justice system. Communal punishments for wrongdoing generally included blood money compensation by the wrongdoer, corporal punishment, shunning , banishment and execution. In tribal societies, compensation and shunning were often considered enough as a form of justice. The response to crimes committed by neighbouring tribes, clans or communities included a formal apology, compensation, blood feuds, and tribal warfare . A blood feud or vendetta occurs when arbitration between families or tribes fails, or an arbitration system

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4732-753: The death penalty was abolished in 1867. The last execution in Brazil was 1876; from then on all the condemnations were commuted by the Emperor Pedro II until its abolition for civil offences and military offences in peacetime in 1891. The penalty for crimes committed in peacetime was then reinstated and abolished again twice (1938–1953 and 1969–1978), but on those occasions it was restricted to acts of terrorism or subversion considered "internal warfare" and all sentences were commuted and not carried out. Many countries have abolished capital punishment either in law or in practice. Since World War II , there has been

4823-536: The death penalty was declared unconstitutional based on the Furman v. Georgia case, but the 1976 Gregg v. Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed on the death penalty in Atkins v. Virginia (2002; death penalty unconstitutional for people with an intellectual disability ) and Roper v. Simmons (2005; death penalty unconstitutional if defendant

4914-459: The death penalty. In abolitionist countries, the debate is sometimes revived by particularly brutal murders, though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries to effectively end the moratorium on the death penalty. One notable example is Pakistan which in December 2014 lifted

5005-529: The development of modern prison systems, the death penalty was also used as a generalised form of punishment for even minor offences. In early modern Europe, a mass panic regarding witchcraft swept across Europe and later the European colonies in North America . During this period, there were widespread claims that malevolent Satanic witches were operating as an organised threat to Christendom . As

5096-409: The earliest being Michigan , where it was abolished in 1846, while other states still actively use it today. The death penalty in the United States remains a contentious issue which is hotly debated . In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred though this tends to cause legislative efforts to improve the judicial process rather than to abolish

5187-545: The end of the 1976 United States presidential election . On October 25, U.S. presidential candidate Jimmy Carter expressed his support of the protesters in a telegram sent to Scharansky, and urged the Soviet authorities to release them. (See Léopold Unger, Christian Jelen, Le grand retour , A. Michel 1977; Феликс Кандель, Зона отдыха, или Пятнадцать суток на размышление , Типография Ольшанский Лтд, Иерусалим, 1979; Феликс Кандель, Врата исхода нашего: Девять страниц истории , Effect Publications, Tel-Aviv, 1980.) On 9 November 1976,

5278-618: The entire group of the "wedding guests" was arrested by the MVD . The accused were charged with high treason , punishable by the death sentence under Article 64 of the Penal code of the RSFSR. Dymshits and Kuznetsov were sentenced to capital punishment , but after international protests, it was appealed and replaced with 15 years in prison; Yosef Mendelevitch and Yuri Fedorov: 15 years; Aleksey Murzhenko: 14 years; Sylva Zalmanson (Kuznetsov's wife and

5369-435: The execution ground in a cart rather than having to walk there. Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place. In medieval and early modern Europe, before

5460-592: The first political "refusenik of Russia," after buildings of the Gorbachev Foundation were taken by the Russian government and the country's high court requested that Gorbachev would be forbidden from leaving the country. It is occasionally used in the UK to mean "ones who refuse to comply", and also in the U.S., with many people who use it being unaware of the word's origins. However, the original meaning

5551-522: The grave intact. Some further forms of capital punishment were practiced in the Tang dynasty, of which the first two that follow at least were extralegal. The first of these was scourging to death with the thick rod which was common throughout the Tang dynasty especially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death. A further form of execution called Ling Chi ( slow slicing ), or death by/of

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5642-439: The guise of a trip to a wedding, on a small 12-seater aircraft Antonov An-2 (colloquially known as кукурузник , kukuruznik ), throw out the pilots before takeoff from an intermediate stop, and fly it to Sweden, knowing they faced a huge risk of being captured or shot down. One of the participants, Mark Dymshits, was a former military pilot. On 15 June 1970, after arriving at Smolnoye (later Rzhevka) Airport near Leningrad,

5733-487: The hands of Arab Muslim officials and rulers. As People of the Book , Christians under Muslim rule were subjected to dhimmi status (along with Jews , Samaritans , Gnostics , Mandeans , and Zoroastrians), which was inferior to the status of Muslims. Christians and other religious minorities thus faced religious discrimination and religious persecution in that they were banned from proselytising (for Christians, it

5824-454: The head or neck. Various authoritarian states employed the death penalty as a potent means of political oppression . Anti-Soviet author Robert Conquest claimed that more than one million Soviet citizens were executed during the Great Purge of 1936 to 1938, almost all by a bullet to the back of the head. Mao Zedong publicly stated that "800,000" people had been executed in China during

5915-477: The incidence of capital punishment. This opinion led to voluntary exile being prescribed in place of the death penalty, whereby a convict could either choose to leave in exile or face execution. A historic debate, followed by a vote, took place in the Roman Senate to decide the fate of Catiline 's allies when he attempted to seize power in December, 63 BC. Cicero, then Roman consul , argued in support of

6006-410: The incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view. In England in the 18th century, when there was no police force, Parliament drastically increased the number of capital offences to more than 200. These were mainly property offences, for example cutting down

6097-478: The injustice, but even the futility from the point of view of social welfare , of torture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, the future emperor of the Holy Roman Empire , abolished the death penalty in the then-independent Grand Duchy of Tuscany , the first abolition in modern times. On 30 November 1786, after having de facto blocked executions (the last

6188-620: The island was independent) was the first legislative assembly in the world to abolish the death penalty in 1824. Tahiti commuted the death penalty to banishment. In the United States, Michigan was the first state to ban the death penalty, on 18 May 1846. The short-lived revolutionary Roman Republic banned capital punishment in 1849. Venezuela followed suit and abolished the death penalty in 1863 and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In Portugal, after legislative proposals in 1852 and 1863,

6279-711: The jurisdiction, but commonly include serious crimes against a person, such as murder , assassination , mass murder , child murder , aggravated rape , terrorism , aircraft hijacking , war crimes , crimes against humanity , and genocide , along with crimes against the state such as attempting to overthrow government , treason , espionage , sedition , and piracy . Also, in some cases, acts of recidivism , aggravated robbery, and kidnapping , in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for

6370-401: The killing of conspirators without judgment by decision of the Senate ( Senatus consultum ultimum ) and was supported by the majority of senators; among the minority voices opposed to the execution, the most notable was Julius Caesar . The custom was different for foreigners who did not hold rights as Roman citizens , and especially for slaves, who were transferrable property. Crucifixion

6461-463: The majority of countries have abolished capital punishment, over half of the world's population live in countries where the death penalty is retained, including India, the U.S., Indonesia, Pakistan, Bangladesh, Japan, Vietnam, Egypt, Nigeria, Ethiopia and DR Congo. As of 2023, only 2 out of 38 OECD member countries (the United States and Japan ) allow capital punishment. Capital punishment

6552-474: The mid-1970s was Natan Sharansky . Sharansky's involvement with the Moscow Helsinki Group helped to establish the struggle for emigration rights within the greater context of the human rights movement in the USSR. His arrest on charges of espionage and treason and subsequent trial contributed to international support for the refusenik cause. On 18 October 1976, 13 Jewish refuseniks came to

6643-606: The next demonstration. They were convicted of hooliganism and incarcerated in the detention center Beryozka and other penitentiaries in and around Moscow. An unrelated party, artist Victor Motko , arrested in Dzerzhinsky Square , was detained along with the protesters in recognition of his prior attempts to emigrate from the USSR. These events were covered by several British and American journalists including David K. Shipler , Craig R. Whitney , and Christopher S. Wren . The October demonstrations and arrests coincided with

6734-566: The next week, following an unsuccessful meeting between the activists' leaders and the Soviet Minister of Internal Affairs, General Nikolay Shchelokov , these abuses of law inspired several demonstrations in the Soviet capital. On Monday, 25 October 1976, 22 activists, including Mark Azbel , Felix Kandel , Alexander Lerner , Ida Nudel , Anatoly Shcharansky , Vladimir Slepak , and Michael Zeleny , were arrested in Moscow on their way to

6825-505: The only woman on trial): 10 years; Arie (Leib) Knokh: 13 years; Anatoli Altmann: 12 years; Boris Penson: 10 years; Israel Zalmanson: 8 years; Wolf Zalmanson (brother of Sylva and Israel): 10 years; Mendel Bodnya: 4 years. The affair was followed by a crackdown on the Jewish and dissident movement throughout the USSR. Activists were arrested, makeshift centers for studying the Hebrew language and Torah were closed, and more trials followed. At

6916-457: The period following the 1967 Six-Day War . While some were allowed to leave, many were refused permission to emigrate, either immediately or after their cases would languish for years in the OVIR ( ОВиР, Отдел Виз и Регистрации , Otdel Viz i Registratsii ) or Office of Visas and Registration, the MVD (Soviet Ministry of Internal Affairs) department responsible for exit visas. In many instances,

7007-532: The reason given for denial was that these persons had been given access, at some point in their careers, to information vital to Soviet national security and could not now be allowed to leave. During the Cold War , Soviet Jews were thought to be a security liability or possible traitors. To apply for an exit visa, the applicants (and often their entire families) would have to quit their jobs, which in turn would make them vulnerable to charges of social parasitism ,

7098-421: The same time, strong international condemnations caused the Soviet authorities to significantly increase the emigration quota. In the years 1960 through 1970, only about 3,000 Soviet Jews had (legally) emigrated from the USSR; after the trial, in the period from 1971 to 1980 347,100 people received a visa to leave the USSR, 245,951 of them were Jews. A leading proponent and spokesman for the refusenik rights during

7189-600: The then emperor of the Holy Roman Empire, abolished in his immediate lands in 1787 capital punishment, which though only lasted until 1795, after both had died and Leopolds son Francis abolished it in his immediate lands. In Tuscany it was reintroduced in 1790 after Leopolds departure becoming emperor. Only after 1831 capital punishment was again at times stopped, though it took until 2007 to abolish capital punishment in Italy completely. The Kingdom of Tahiti (when

7280-470: The thick rod or of exile to the remote Lingnan region might take the place of capital punishment. However, the death penalty was restored only 12 years later in 759 in response to the An Lushan Rebellion . At this time in the Tang dynasty only the emperor had the authority to sentence criminals to execution. Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in

7371-430: The world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties. Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slaves emerged. Accordingly, the systems of tribal arbitration were submerged into

7462-423: The year 730 and 58 executions in the year 736. The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offences respectively. Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening

7553-405: The years 1960 through 1970, only 4,000 people (legally) emigrated from the USSR. In the following decade, the number rose to 250,000, to fall again by 1980. In 1970, a group of 16 refuseniks (two of whom were not Jewish), organized by dissident Eduard Kuznetsov (who already served a seven-year term in Soviet prisons), plotted to buy all the seats for the local flight Leningrad - Priozersk , under

7644-413: Was a crime, a judge must define the penalty allowing the crime to be annulled by compensating it. This is how pecuniary compensation appeared for criminals the least recalcitrant and whose rehabilitation is deemed possible. However, for others, he argued, the death penalty is necessary. This philosophy aims on the one hand to protect society and on the other hand to compensate to cancel the consequences of

7735-519: Was a form of punishment first employed by the Romans against slaves who rebelled , and throughout the Republican era was reserved for slaves , bandits , and traitors . Intended to be a punishment, a humiliation, and a deterrent, the condemned could take up to a few days to die. Corpses of the crucified were typically left on the crosses to decompose and to be eaten by animals. There was a time in

7826-470: Was a step noted by the KGB, so that future career prospects, always uncertain for Soviet Jews, could be impaired. As a rule, Soviet dissidents and refuseniks were fired from their workplaces and denied employment according to their major specialty. As a result, they had to find a menial job , such as a street sweeper, or face imprisonment on charges of social parasitism . The ban on Jewish immigration to Israel

7917-567: Was forbidden to evangelise or spread Christianity ) in the lands invaded by the Arab Muslims on pain of death, they were banned from bearing arms, undertaking certain professions, and were obligated to dress differently in order to distinguish themselves from Arabs. Under sharia , Non-Muslims were obligated to pay jizya and kharaj taxes, together with periodic heavy ransom levied upon Christian communities by Muslim rulers in order to fund military campaigns, all of which contributed

8008-424: Was in 1769), Leopold promulgated the reform of the penal code that abolished the death penalty and ordered the destruction of all the instruments for capital execution in his land. In 2000, Tuscany's regional authorities instituted an annual holiday on 30 November to commemorate the event. The event is commemorated on this day by 300 cities around the world celebrating Cities for Life Day . Leopolds brother Joseph ,

8099-423: Was itself seen as an act of betrayal by Soviet authorities. Thus, prospective emigrants requested permission to emigrate at great personal risk, knowing that an official refusal would often be accompanied by dismissal from work and other forms of social ostracism and economic pressure. At the same time, strong international condemnations caused the Soviet authorities to significantly increase the emigration quota. In

8190-467: Was lifted in 1971, leading to the 1970s Soviet Union aliyah . The coming to power of Mikhail Gorbachev in the Soviet Union in the mid-1980s, and his policies of glasnost and perestroika , as well as a desire for better relations with the West, led to major changes, and most refuseniks were allowed to emigrate. A large number of Soviet Jews applied for exit visas to leave the Soviet Union, especially in

8281-505: Was under age 18 at the time the crime was committed). In the United States, 23 of the 50 states and Washington, D.C. ban capital punishment. In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence , arson in royal dockyards and a number of wartime military offences as capital crimes) for a five-year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964. It

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