A/HRC/15/19
36.
In his report on individual communications (A/HRC/14/24/Add.1), the Special
Rapporteur expressed his concern at the use of the death penalty in relation to non-serious
crimes, transparency in executions and the death penalty for juveniles.
37.
Other international developments during the reporting period include the Fourth
World Congress against the Death Penalty, held in Geneva from 24 to 26 February 2010.
The World Congress resulted in the adoption of a declaration that, inter alia, acknowledged
positive developments such as the greater number of ratifications of the Second Optional
Protocol to the International Covenant on Civil and Political Rights.13 It also called on (a)
de facto abolitionist States to enact legislation abolishing the death penalty in law; (b)
abolitionist States to integrate the issue of universal abolition in their international relations
by making it a major focus of their international policy of promoting human rights; (c)
international and regional organizations to support the universal abolition of the death
penalty, including the adoption of resolutions calling for a moratorium on executions, by
supporting educational activities, and increased cooperation with abolitionist nongovernmental organizations that act locally; and (d) abolitionist organizations and actors
from retentionist States to unite their strength and determination in creating and developing
national and regional coalitions, with the aim to promote, locally, the universal abolition of
capital punishment.
38.
Other conferences relating to the death penalty include the fifth international
congress entitled “No Justice without Life”, held in Rome on 17 May 2010, with the
participation of justice officials, judges and civil society representatives from 30 countries.
At the regional level, the African Commission on Human and Peoples’ Rights organized a
conference in Kigali in September 2009, to discuss the abolition of the death penalty in
central, eastern and southern Africa. Representatives of the Commission renewed their
commitment to the abolition of the death penalty and proposed the creation of a protocol to
the African Charter aiming at the abolition of the death penalty in Africa. A second regional
conference was held in Cotonou from 12 to 15 April 2010, focusing on North- and WestAfrican countries and aimed to help design political and legal strategies for the abolition of
the death penalty, including possibilities for an additional protocol on the death penalty to
the African Charter on Human and Peoples’ Rights. At the conference of the World
Coalition against the Death Penalty on Capital Punishment in the Middle-East and North
Africa region, held in Madrid in July 2009, representatives of civil society and national
experts of Arab countries discussed initiatives aiming at the establishment of a moratorium
on executions in participating countries. The Madrid statement14 encourages Governments
of Arab countries to comply with General Assembly resolutions and introduce a
moratorium on executions.
V. Conclusions
39.
Developments on the question of the death penalty suggest that the trend
towards abolition is continuing. A number of States are engaging in national and
regional debates on whether to lift existing moratoriums or to abolish the death
penalty altogether, while others have gradually restricted its use. However, serious
problems remain with regard to respect for international law in countries where the
death penalty is still imposed, particularly in its limitation to the most serious crimes,
the exclusion of juvenile offenders from its scope, and due process guarantees. Finally,
13
14
GE.10-15029
See the Final Declaration at the address
www.worldcoalition.org/modules/wfdownloads/singlefile.php?cid=28&lid=306.
See www.fidh.org/Final-statement-of-the-conference-of-the-World.
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