A/HRC/15/19
State party, which itself had abolished the death penalty, of the person’s rights under
articles 6 (right to life) and 7 (freedom from torture, cruel, inhuman or degrading treatment
or punishment) of the Covenant.
29.
In its concluding observations on the report of the United Republic of Tanzania
(CCPR/C/TZA/CO/4), the Committee reiterated its concern that courts continue to impose
death sentences despite the de facto moratorium on the death penalty (applied since 1994)
and at the high number of persons remaining on death row. It also regretted the lack of
sufficient information on the length of time that convicted persons spend on death row,
their treatment in detention and the lack of procedures in place for the commutation of
death sentences in the light of the moratorium. It recommended that the State party should
seriously consider abolishing the death penalty and becoming a party to the Second
Optional Protocol to the Covenant, as well as the early commutation of death sentences of
all persons currently sentenced to death.
30.
In its concluding observations on the report of Chad (CCPR/C/TCD/CO/1), while
noting with interest that the State party intended to take measures leading to the abolition of
the death penalty, the Committee expressed its concern about reports of extrajudicial
executions. It regretted that the State party had ended the de facto moratorium on the death
penalty, and noted with concern reports that a number of people were executed in
November 2003 after a summary trial and before the court had ruled on their appeal in
cassation. The Committee recommended that the State party should consider abolishing the
death penalty or at least reinstating the moratorium on the death penalty. It also
recommended that it should ensure that the death penalty was applied, if at all, for only the
most serious crimes and that, whenever it was imposed, the requirements of articles 6 (right
to life) and 14 (fair trial) were fully met. It also recommended that the State party should
consider commuting all death sentences and ratifying the Second Optional Protocol to the
Covenant aiming at the abolition of the death penalty.
31.
In its consideration of the report of the Russian Federation (CCPR/C/RUS/CO/6),
the Committee noted with concern that the death penalty had yet to be abolished de jure
despite the welcome moratorium on the execution of death sentences in force since 1996.
With regard to the report of the Republic of Moldova (CCPR/C/MDA/CO/2), the
Committee welcomed the removal from the Supreme Law of the provision allowing for the
application of the death penalty “for acts committed upon war or threat of war” (Law No.
185-XVI of June 2006).
32.
The Committee against Torture has also addressed the question of the death penalty
under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment in its concluding observations following examination of State party reports.
With regard to the report of Yemen (CAT/C/YEM/CO/2/Rev.1), the Committee expressed
its concern at reported cases of imposition of the death penalty on children between 15 and
18 years of age, and at the lack of information in the State report on the number of persons
executed in the reporting period and for which offences, as well as the number of persons
currently on death row, disaggregated by sex, age, ethnicity and offence. The Committee
recommended that the State party should consider ratifying the Second Optional Protocol to
the International Covenant on Civil and Political Rights on the abolition of the death
penalty. In the meantime, it recommended that the State party should also review its policy
with regard to the imposition of the death penalty, and in particular take the measures
necessary to ensure that the death penalty was not imposed on children, and that it ensure
that its legislation provided for the possibility of the commutation of death sentences,
especially where there had been delays in their implementation.
33.
In its concluding observations on the report of El Salvador (CAT/C/SLV/CO/2),
although the Committee noted with satisfaction that the State party had eliminated the death
penalty for certain crimes, it recommended that the State party should also eliminate it for
GE.10-15029
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