A/HRC/24/18
77.
The Quaker United Nations Office reported that, according to academic and policy
studies,79 children can suffer change or deterioration in their living situation and conditions,
relationship with others and physical and mental well-being following parental
incarceration. There is a growing body of evidence that documents the specific and serious
mental health implications of capital punishment, in particular for children of persons
sentenced to death. Those children suffer a uniquely traumatic, profoundly complicated and
socially isolating loss often combined with social ostracism.
VIII. Conclusions
78.
Developments on the question of the death penalty during the reporting period
suggest that the trend towards abolition is continuing. However, numerous concerns
remain with regard to respect for relevant international human rights norms and
standards in States where the death penalty is still imposed. Until it is fully abolished,
retentionist States must ensure that the death penalty is imposed only for those crimes
that involve intentional killing. It should not be imposed for drug-related offences and
any other ordinary crime that does not meet the threshold of “most serious crimes”.
The mandatory death penalty is not compatible with the limitation of the use of the
death penalty only to “most serious crimes”. States should abolish the mandatory
death penalty, where it still exists. States must also ensure that the highest level of
compliance with fair trial and other international human rights norms and standards
are met in all death penalty cases.
79.
States should amend national laws on extradition and deportation to
specifically prohibit the enforced transfer of persons to States where there is a genuine
risk that the death penalty may be imposed in violation of internationally recognized
standards, unless adequate assurances are obtained that the death penalty will not be
carried out.
80.
The lack of data on the number of executions or individuals on death row is a
serious impediment to international and national debates that may lead to the
abolition of capital punishment. It will also be important for the effectiveness and
transparency of such a debate to ensure that the public has access to balanced
information, including accurate information and statistics on criminality and the
various effective ways to combat it, without resorting to capital punishment.
81.
There is an also urgent need to examine the effects of the capital punishment
system in its entirety, including the social, economic and psychological impact on the
children of those executed or under death sentence.
79
18
See Helen F. Kearney, “Children of parents sentenced to death”, February 2012, available at
www.quno.org/geneva/pdf/humanrights/women-in-prison/ChildrenOfParentsSentencedToDeath.pdf.
See also Oliver Robertson and Rachel Brett, “Lightening the load of the Parental Death Penalty on
Children”, Quaker United Nations Office, 2013, available at
http://www.quno.org/geneva/pdf/humanrights/women-in-prison/2013LighteningLoad-English.pdf.
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