A/HRC/24/18 B. Fair trial guarantees 45. Pursuant to Article 6(2) of ICCPR, the death penalty can only be imposed in accordance with laws which are “not contrary to the provisions of the present Covenant” and “pursuant to a final judgment rendered by a competent court”. During the reporting period, human rights treaty bodies continued to address issues of fair trial standards relating to the death penalty in their dialogue with State parties during the consideration of their periodic reports. For instance, in June 2012, the Committee against Torture expressed its serious reservations as to whether Cuba respected due process guarantees, such as the detainees’ right to have adequate time and facilities to prepare their defence and to communicate with counsel of their choosing, in the last three executions that were carried out after a summary procedure in 2003. The Committee urged Cuba to respect the international norms established in the Safeguards guaranteeing protection of the rights of those facing the death penalty (CAT/C/CUB/CO/2, para.14). In May 2013, the Committee urged Japan to guarantee effective assistance by legal counsel for death row inmates at all stages of the proceedings, and the strict confidentiality of all meetings with their lawyers (CAT/C/JPN/CO/2, paragraph 15). 46. The High Commissioner for Human Rights has continued to express concerns about the lack of a fair trial in death penalty cases in a number of States. For instance, referring to reports in November 2012 about the imminent execution of eight people in Afghanistan, the High Commissioner emphasized that “those accused of capital offences must be effectively assisted by a lawyer at all stages of the proceedings. Furthermore, executions should not take place when an appeal or other recourse is pending, and there must be the possibility for the individual concerned to seek pardon or commutation of the sentence.”40 With regard to executions in Iraq in April 2013, the High Commissioner noted that “the criminal justice system in Iraq was still not functioning adequately, with numerous convictions based on confessions obtained under torture and ill-treatment, a weak judiciary and trial proceedings that fall short of international standards. The application of the death penalty in these circumstances is unconscionable, as any miscarriage of justice as a result of capital punishment cannot be undone.”41 Referring to the execution of seven individuals in Saudi Arabia in April 2013, the High Commissioner expressed concerns that the accused men were reportedly not allowed to speak or given adequate opportunities to conduct their defence. Noting that the defendants were not present during the appeal stages and had no defence counsel representing them, the High Commissioner stated that such serious failings in the process would constitute violations of international safeguards in the use of death penalty, especially those related to the right to a fair trial and the right to appeal.42 47. The Special Rapporteur on extrajudicial, summary or arbitrary executions and other special procedure mandate holders of the Human Rights Council also urged several States, including Bangladesh,43 the Gambia,44 Iraq, the Islamic Republic of Iran45, Saudi Arabia46 40 41 42 43 44 45 46 See “Pillay dismayed at sudden resumption of executions in Afghanistan”. Available at http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12817&LangID=E. See “Pillay condemns rampant use of death penalty in Iraq”. Available at http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13253&LangID=E. See “Pillay says Saudi Arabian executions violate international standards”. Available at http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13139&LangID=E. See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12972&LangID=E. See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12461&LangID=E. See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12688&LangID=E. See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12922&LangID=E and http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13135&LangID=E. 11