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.
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