A/HRC/27/26
over 300 individuals. Approximately 75 per cent of those cases had involved inaccurate or
faulty eyewitness identification.
18.
Mr. Bloodsworth discussed other faulty procedures that played a role in wrongful
conviction, including the interview process, witness examination, the jury system and
physical evidence in criminal cases. He described his ordeal at the Maryland State
Penitentiary, where he had lived in a cell in which he could only take three steps from the
back wall to the front door; and which was directly under the gas chamber where
executions took place. Mr. Bloodsworth told of his efforts to have the death penalty
abolished in the United States and to campaign for important reforms to the criminal justice
system, such as the Innocence Protection Act of 2003, which included post-conviction
DNA testing provisions and ensured the availability of federal funds to states for DNA
testing of prisoners who claimed their innocence. In 2012 the State of Maryland had
become the eighteenth state to repeal the death penalty in the United States. He emphasized
that it was the message of innocence that had made that abolition possible.
19.
Ms. Jahangir discussed the position with regard to the use of the death penalty in
Asia. She informed the panel that Asia presented a challenge to the death penalty
abolitionist movement. The vast majority of executions were carried out in Asia and
thousands were under sentence of death there. In 2013, at least 10 countries in Asia had
reportedly carried out executions. Because of the secrecy of the death penalty in several
countries, the exact number of executions was difficult to obtain. A lack of transparency
left the people in those countries without information and prevented debates around that
important issue. She emphasized that, in many countries in the region, the death penalty
was often imposed after a grossly unfair trial. Even when trials respected international
standards of fairness, the risk of innocent people being executed could never be fully
eliminated. That was especially worrying, as many criminal legal systems in retentionist
countries in Asia were not strong enough to ensure justice and yet retained that irreversible
punishment. She noted that crime rates might be reduced by the introduction of better
training, human rights education, including for police officers and lawyers, measures to
eradicate poverty and programmes to improve general educational attainment, among other
measures. She stated that there was no convincing evidence that the death penalty deterred
crimes more effectively than other punishments. She also expressed concern that a
disproportionate number of individuals on death row in retentionist countries in Asia were
from marginalized sections of society.
20.
Ms. Jahangir discussed the situation of non-citizens, who were disproportionately
affected by the use of the death penalty in the Asian region. Hundreds of migrant workers
from supplying nations in Asia were facing the death penalty in other countries. That had
led countries which still retained capital punishment, such as India, Indonesia, Pakistan and
Sri Lanka, to work through diplomatic and other channels to ensure the release of their
nationals abroad who were under sentences of death. With regard to positive developments
in Asia, Ms. Jahangir said that some Asian countries, including Bhutan, Cambodia, Nepal,
the Philippines and Timor-Leste, had abolished the death penalty for all crimes. Brunei
Darussalam, the Lao People’s Democratic Republic, Maldives, Mongolia, Myanmar, the
Republic of Korea, Sri Lanka and Thailand had not carried out executions for several years.
In Pakistan, the current administration continued to apply a de facto moratorium on the
death penalty that had been in place since 2008, except for the execution of a soldier in
2012. She also said that some Asian countries had taken positive steps, including official
announcements of a presidential pardon or commutation and court rulings that indicated a
gradual reduction in the scope of capital punishment. Some States were currently studying
the possibility of abolishing the death penalty. In October 2013, during its second universal
periodic review, China had announced that it was reducing the application of the death
penalty by taking a series of important measures, including reducing the number of capital
crimes, strengthening the role of defence lawyers, ensuring that suspects in capital cases
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