A/HRC/33/20
holders. The Special Rapporteur on extrajudicial, summary or arbitrary executions and the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment stated that, by commuting those death sentences, Zambia had put a stop to
mental and physical pain and suffering and taken an important step towards ensuring
respect for the inherent dignity of the person. They noted that the decision supported
previous steps towards the abolition of capital punishment in Zambia, where a presidential
moratorium on the death penalty had been maintained since 1997.30
42.
Judiciaries in many States tend to commute the death penalty or pardon those
sentenced to it in response to doubts about the guilt of the offender, concerns over the
application of due process standards, remorse shown by the petitioner or for the
rehabilitation of the petitioner. For example, the Supreme Court of Belize commuted the
death sentence of the last remaining person on death row, holding that his 13 years on death
row amounted to inhuman treatment and rendered his death sentence unlawful. Indian
courts commuted to life imprisonment the death sentences of several prisoners, including
three prisoners whose mercy petitions the President of India had previously rejected. In
Jamaica, the death sentence of the last remaining person on death row was commuted.31 In
Saudi Arabia, the punishment of a woman sentenced to death by stoning for committing
adultery was reviewed and commuted by a court.
43.
The United Nations human rights treaty bodies continued to recommend that States
commute all death sentences. For example, in its concluding observations on the periodic
report of the Republic of Korea, the Human Rights Committee recommended, inter alia, the
commutation of all death sentences (see CCPR/C/KOR/CO/4, para. 23). The Committee
against Torture encouraged China, inter alia, to commute all existing death sentences (see
CAT/C/CHN/CO/5, para. 50).
Commutation or clemency/pardon procedure
44.
Under article 6 (4) of the International Covenant on Civil and Political Rights, a
particular procedure is not prescribed for the exercise of the right to seek pardon or
commutation and States parties consequently retain discretion in spelling out the relevant
procedures.32 However, in accordance with the jurisprudence of the Human Rights
Committee, such procedures should be specified in domestic legislation (see
CCPR/CO/72/GTM, para. 18), and they should not afford the families of victims a
preponderant role in determining whether the death sentence should be carried out (see
CCPR/CO/75/YEM, para. 15).33 Furthermore, the Committee has ruled that pardon or
commutation procedures must offer certain essential guarantees, including clarity about the
processes followed and the substantive criteria applied, a right for individuals sentenced to
death to initiate pardon or commutation procedures and to make representations about their
personal or other relevant circumstances, a right to be informed in advance when the
request will be considered and a right to be informed promptly about the outcome of the
procedure.34
30
31
32
33
34
12
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16258&LangID=E.
Jamaica, Court of Appeal, Moodie v. R, ruling delivered on 31 July 2015.
Communication 845/1999, Kennedy v. Trinidad and Tobago, Views adopted on 26 March 2002,
para. 7.4.
See also Human Rights Committee, draft general comment No. 36, 2015.
See Human Rights Committee, draft general comment No. 36, 2015. See also A/HRC/8/3, para. 67,
and report No. 41/00 (Mckenzie et al.) of the Inter-American Court of Human Rights, which
prescribes similar procedural guarantees.
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