A/HRC/33/20
VII. Conclusions
61.
As demonstrated in the present report, initiatives in several countries represent
important steps towards universal abolition of the death penalty. It is now beyond
question that there is widespread agreement that ratification of the Second Optional
Protocol to the International Covenant on Civil and Political Rights contributes to the
enhancement of human dignity and the progressive development of human rights, and
that all measures to abolish the death penalty constitute progress in the enjoyment of
the right to life. States that have not yet ratified the Second Optional Protocol should
therefore do so without delay.
62.
In many countries, the majority of executions are carried out in respect of
convictions for drug-related offences. This is despite such offences not meeting the
threshold of “most serious crimes” required under the International Covenant on
Civil and Political Rights, and despite confirmation from international drug control
bodies, including the United Nations Office on Drugs and Crime, that there is no
persuasive evidence that the use of the death penalty is a greater deterrent than other
methods of punishment in eradicating drug trafficking or other drug-related offences.
States should immediately halt the execution of offenders who have been convicted for
drug-related crimes and are reminded that the term “most serious crimes” refers to
offences of intentional killing only.
63.
The mandatory imposition of the death penalty is wholly incompatible with the
principle of necessary safeguards to ensure the rights of those sentenced to death. The
lack of discretion makes it impossible for the individual circumstances of the offender
and the offence to be taken to account and therefore to ensure a fair application of the
death penalty. The Secretary-General welcomes the initiatives of those States that
have abolished the mandatory death penalty and, in particular, the procedures
undertaken in those countries to re-sentence those who had been subjected to the
mandatory death penalty, resulting in a significant number of commutations. States
who maintain the mandatory death penalty should abolish it immediately and
re-sentence those who had been sentenced under it.
64.
International law also requires safeguards to be put in place to ensure that
those subject to the death penalty are treated fairly and are only executed after it has
been proved beyond reasonable doubt that they have committed a most serious crime.
One such safeguard is the procedure to request clemency, pardon or commutation,
which acts as a final check to ensure that no one is executed contrary to national or
international law. However, as outlined in the present report, many States still
maintain non-existent or ineffective procedures through which individuals subject to
the death penalty can seek clemency or pardon. States should ensure that an effective
procedure is available to death row convicts as required under the International
Covenant on Civil and Political Rights and elaborated upon in international
jurisprudence.
65.
Many States continue to execute juvenile offenders despite the clear prohibition
in international law. States should immediately re-sentence all juvenile offenders on
death row, while ensuring that such individuals do not receive life sentences in place
of execution. States should also amend their legislation and relevant rules and
procedures to ensure that no child is executed and that no person is executed for a
crime committed while under the age of 18. Similarly, in accordance with the relevant
jurisprudence, States should not subject people with mental or intellectual disabilities
to the death penalty.
17
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