Dr Bharat Malkani
Reader in Law
- malkanib@cardiff.ac.uk
- +44 (0)29 2087 5454
- Room 3.02A, Law Building, Museum Avenue, Cardiff, CF10 3AX
Overview
My research and teaching lie at the intersection of human rights and criminal justice, with a particular focus on the death penalty, racism, and miscarriages of justice. My interest in these topics coalesced into my monograph, Slavery and the Death Penalty (Routledge, 2018). I am currently under contract with Bristol University Press to publish a second monograph title 'The Law of Racial Injustice', due to be published in 2024.
My research has led to engagements with lawyers, charities, policy-makers, and international organizations outside academia, including the United Nations Office of the High Commissioner for Human Rights on the issue of foreign nationals, including migrant workers, who face the death penalty abroad; the Australian Parliament on the issue of Australia's role in promoting abolition of capital punishment worldwide; and the charity Amicus, which provides assistance to attorneys in America defending people facing execution.
I am engaged with various pro bono projects that the School runs, including the Cardiff University Innocence Project which provides assistance to people who claim to have been wrongly convicted of a crime.
In 2022, I was appointed Deputy Chair of the Independent Oversight and Advisory Panel to the Criminal Justice Board of Wales, with a view to overseeing the implementation of the Anti-Racism Action Plan. You can read more about this here
I am also on the editorial board for the Journal of Law and Society
Outside academia, I volunteer with the Independent Monitoring Board at HMP Eastwood Park, ensuring that imprisoned people are treated in accordance with their rights under domestic and international law.
Biography
Education and qualifications:
- 2009: PhD University of Bristol
- 2002: LLM University of Nottingham (with Distinction)
- 2000: LLB University of Bristol (Class 2:1)
Academic career:
- 2022 - present: Reader, School of Law and Politics, Cardiff University
- 2017 - 2022: Senior Lecturer, School of Law and Politics, Cardiff University
- 2008 - 2017: Lecturer, Birmingham Law School, University of Birmingham
Other awards and achievements:
- 2017: LawWorks & Attorney General Student Awards: Best Contribution by a Law School Awarded for Birmingham Law School's Pro Bono Group, which I founded in 2010 and led until 2017.
- 2013: Young Scholar Prize Awarded by the Editorial Board of the International and Comparative Law Quarterly for the most outstanding article by an author under the age of 35
- 2010:Post-Graduate Certificate in Learning and Teaching in Higher Education
Other work:
- 2022 - present: Member of the Independent Monitoring Board for HMP Eastwood Park
- 2002-2004: Legal researcher at the American Bar Association Juvenile Justice Center, where I assisted with a nationwide effort to abolish the death penalty for offenders under the age of 18. I helped lawyers representing death-eligible juveniles, and I co-authored an Amicus Curiae Brief on the role of international human rights law in interpreting the Eighth Amendment, which was cited with approval by the US Supreme Court in Roper v Simmons 543 US 551 (2005), in which the Court outlawed the juvenile death penalty
Publications
We are currently unable to retrieve the list of publications. Visit our institutional repository.Teaching
Courses currently taught: 2020-21
- Miscarriages of Justice: The Cardiff Innocence Project LLB
Courses previously taught:
- Criminal Law LLB
- Human Rights Law LLB
- Human Rights and Criminal Justice LLB
- Public International Law LLB
- Human Rights and Criminal Justice LLM
- Sentencing and Penal Policy LLM
- International Human Rights Law LLM
- The Death Penalty in Law and Practice LLM
Current research projects:
"Reforming British law and policy on the global death penalty" (funded by the British Academy "Tackling the UK's International Challenges" programme)
This inter-disciplinary project considers how UK law, policy, and practice has historically and contermporaneously shaped the use of the death penalty worldwide. My co-researchers are Dr Lizzie Seal (University of Sussex); Dr Lynsey Black (Maynooth University); Dr Florence Seemungal (University of the West Indies); and Dr Roger Ball (University of Sussex). Expected outputs include:
- A guest-edited Special Issue of the journal Punishment & Society
- A journal article which explores how the history of colonialism continues to shape British law, policy, and practice on the use of the death penalty today
- A briefing document for policy-makers, NGOs, and lawyers on how to most effectively advance abolition abroad
Impact and public engagement:
- Assisted lawyers at Doughty Street Chambers who successfully challenged the UK Home Secretary's decision to offer assistance to US prosecutors in a potential capital case (see Elgizouli v SSHD [2020] UKSC 10)
- Submitted written and oral evidence to the Australian Joint Standing Committee on Foreign Affairs, Defence and Trade, on Australia's advocacy for abolition of the death penalty (2015)
- Provided written evidence, by invitation, to the Drafting Committee of General Comment No.36, UN Human Rights Committee (July 2015)
- Contributed, by invitation, to an Expert Group Roundtable on Foreign Nationals Facing the Death Penalty, Office of the High Commissioner for Human Rights, United Nations, Geneva (16-17 June 2015)
- Citation by the UK Supreme Court in R(SG) v Secretary of State for Work and Pensions [2015] UKSC 16 (citing my 2013 Public Law article on the role of human rights treaties in the English legal system)
- Submitted written evidence to he Justice Select Committee inquiry into the effectiveness of the Criminal Cases Review Commission (December 2014, with Cardiff Law School Innocence Project)
- Provided written evidence to the Joint Committee on the Draft Voting Eligibility (Prisoners) Bill (June 2013)
- Deliver training sessions to lawyers and students through the charity Amicus ALJ, which provides legal assistance to people facing the death penalty in the United States of America (ongoing, since 2013)
I also regularly contribute to online publications, so that my research is accessible to a wider, non-academic audience. Recent publications include:
- Why the fight for racial justice in the US requires abolition of the death penalty, The Conversation, 23 June 2020
- The High Court of England and Wales: Facilitator of the death penalty abroad?, Oxford Human Rights Hub, 14 Feburary 2019
- Complicity with the death penalty: just how out of step are Javid's actions with British policy?, LSE British Politics and Policy, 31 July 2018
- British readiness to allow death penalty for IS 'Beatles' suspects shows need to strengthen the law, The Conversation, 24 July 2018
- The Death Penalty for Foreign Nationals and Migrant Workers Oxford Human Rights Hub Blog, 24 June 2015
- Why is the US Supreme Court reviewing the lethal injection? BBC News, 11 May 2015
- It's time to stop sending children to die behind bars The Guardian, 27 March 2015
- The death penalty for non-lethal crimes is wrong Newsweek, 27 February 2015
- 50 years since the last execution, can the UK help end the death penalty worldwide? The Conversation, 13 August 2014
- '12 Years a Slave': What a story about slavery can teach us about today's death penalty The Huffington Post, 3 January 2014
- Warren Lee Hill and the ghosts of death penalty past, present and future The Huffington Post, 18 July 2013
- Is complicity with the death penalty illegal? UK Human Rights Blog, 17 July 2013
- The Government's shameful treatment of Lindsay Sandiford The Huffington Post, 25 May 2013
Ongoing contributions to the reseach community:
- Journal of Law and Society: member of Editorial Board
- International Academic Network for the Abolition of Capital Punishment: member
- Amicus ALJ: member
Supervision
I am interested in supervising PhD students in the areas of:
- Capital punishment
- Other harsh punishments, such as solitary confinement and life sentences
- Human rights and criminal justice