Statements by the United Nations on Death by Incarceration
Since submitting our complaint and through the other actions we have taken, we have received several responses from the United Nations.
01
UN Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement (UN EMLER) Report
After reviewing our submission, and hearing from Jamel Bellamy who testified in New York, UN EMLER issued a report acknowledging the practise of “death by incarceration,” and issued recommendations to the United States, that “All prison sentences in the United States should include parole eligibility within a reasonable number of years, and always below life expectancy. Federal and state executive branches should keep exercising clemency powers in favour of persons already serving sentences beyond life expectancy, especially benefiting children and persons who committed crimes when they were children and older persons.”:
F. Prison sentences beyond life expectancy
1. The Mechanism was deeply alarmed by information on prison sentencing policies and practices commonly referred to as “death by incarceration” sentences, such as “life without parole”, “life with parole” or in general any sentence that exceeds life expectancy (“virtual life”), particularly because of the disparate impact on people of African descent and other racial and ethnic minorities and because of the use of these sentences against children.
2. Data received reveals that 15% of the total prison population nationwide in 2020 (203,865 incarcerated individuals) were serving life or virtual life sentences. People of African descent make up 46% of the prison population serving life sentences nationwide even though they comprise only 12% of the general population. Women represent the 3% of the population serving life sentences, but the number raised 32% faster compared to men over the past decade. One in every 15 women in prisons was serving a life sentence in 2021, with one third being ineligible for parole.
Further, information states that the United States is the only country in the world that sentences children to life without parole, an option contemplated in both federal and State laws. Data also indicates that 62% of juveniles serving life without parole are of African descent.
2. Evidence suggests that “death by incarceration” sentences are increasing overtime, while the use of parole and clemency is declining. This results in numerous individuals, particularly of African descent or other racial and ethnic minorities, condemned to death in prison.
3. The Mechanism would like to emphasize that disproportionate, excessive and discriminatory sentencing beyond life expectancy is a cruel, inhuman and degrading treatment, in violation of international human rights standards protecting life, liberty and against torture. All prison sentences in the United States should include parole eligibility within a reasonable number of years, and always below life expectancy. Federal and state executive branches should keep exercising clemency powers in favour of persons already serving sentences beyond life expectancy, especially benefiting children and persons who committed crimes when they were children and older persons.
02
June 19, 2023, Communication from UN Special Procedures to US Government
Based on the complaint that we submitted in September 2022, a number of UN Special Procedures sent a communication to the United States raising concerns about “prison sentencing policies and practices such as life without parole, life with parole, “virtual life” (i.e., any sentence that exceeds life expectancy), and other term-of-years exceeding life expectancy. These practices are sometimes referred to collectively as death by incarceration sentences.” The communication was sent by the: UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; the Working Group of Experts on People of African Descent; the Special Rapporteur on the rights of persons with disabilities; the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Independent Expert on the enjoyment of all human rights by older persons and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The United States has not as yet responded to this letter.
03
November 3, 2023, UN Human Rights Committee Concluding Observations
On November 3, 2023, after hearing from our coalition in Geneva, the UN Human Rights Committee issued the following recommendations calling on the United States to consider a moratorium on all LWOP sentences; to abolish all LWOP for juveniles; to abolish all mandatory and non-homicide-related LWOP; and to ensure parole eligibility and accessibility for all including those sentenced to life:
Life imprisonment without parole
46. The Committee regrets the lack of sufficient information on the measures adopted by the State party to make parole available and more accessible to all prisoners, including those sentenced to life imprisonment. It is also concerned at reports indicating that persons of African descent are disproportionately subject to life imprisonment without parole sentences (arts. 2, 7, 10 and 26).
47. Recalling its previous recommendations, the State party should prohibit and abolish the sentence of life imprisonment without parole for juveniles, irrespective of the crime committed, as well as the mandatory and non-homicide-related sentence of life imprisonment without parole. It should also make parole available and more accessible to all prisoners, including those sentenced to life imprisonment. It should further consider establishing a moratorium on the imposition of sentences to life imprisonment without parole.
04
November 2023, UN Special Rapporteur on Racism End of Visit Statement
In November 2023, the UN Special Rapporteur on Racism visited the United States and met with members of our coalition in California and Louisiana. At the end of the visit, she issued a statement acknowledging the issue the death by incarceration:
"I am deeply concerned about reports of:
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Legislation that allows for life without the possibility of parole (LWOP) and other 'death by incarceration' (DBI) sentences, including for non-violent offences; offences, such as felony murder, where the accused was not directly involved in the commission of a violent crime; and cases in which women’s offending behavior took place in a context of domestic violence and abuse.
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The disproportionate use of 'death by incarceration sentences' amongst Black and Latino individuals. Without the chance of parole, the rehabilitative function of the prison system is negated, reducing it to a tool of segregation and exploitation."