A/HRC/24/18
IV. Enforcement of the death penalty
19.
In 2012, an increased number of Member States of the United Nations supported the
adoption of the fourth General Assembly resolution (A/67/176) on moratorium on the use
of the death penalty.16 However, despite an encouraging international trend towards the
universal abolition of the death penalty, a small number of States continue to use it.
Reportedly, executions were carried out in at least 21 countries during the review period.
20.
According to Amnesty International, at least 23,386 people remained under death
sentence at the end of 2012 and at least 682 people were executed worldwide during that
year, excluding China. In addition, 1,722 individuals were reportedly sentenced to death in
58 countries.17
21.
During the period under review, some States with a long-standing de facto
moratorium resumed imposing the death penalty and carried out executions. After 27 years
without any executions, the Gambia executed nine individuals in August 2012. In India,
one execution was carried out in November 2012. This was India’s first execution since
2004. Pakistan carried out its first execution since 2007, also in November 2012, when its
military authorities executed a soldier. In Indonesia, no execution took place between 2008
and 2012, but in March 2013, one person was executed for drug-related crimes, and three
more were executed in May 2013. These executions took place at a time when the use of
the death penalty was under review by Indonesia’s national courts, and a public debate was
ongoing in the country. Indonesia’s Attorney General also announced that 20 prisoners
convicted and sentenced to death would be executed in 2013.18
V. Application of safeguards guaranteeing protection of the
rights of those facing the death penalty
22.
The norms and standards protecting the rights of those facing the death penalty are
set out in international human rights law, in particular at article 6 of the International
Covenant on Civil and Political Rights and article 37 (a) of the Convention on the Rights of
the Child. Furthermore, in an annex to its resolution 1984/50, the Economic and Social
Council set out minimum international standards that provide safeguards for guaranteeing
protection of the rights of those facing the death penalty.19
23.
The Special Rapporteur on extrajudicial, summary or arbitrary executions submitted
a report on “Extrajudicial, summary or arbitrary executions” to the General Assembly in
2012 (A/67/275) which states, inter alia, that “in States in which the death penalty
continues to be used, international law imposes stringent requirements that must be met for
it not to be regarded as unlawful”. In its resolution 67/168, the General Assembly called on
States to take into account the recommendations made by the Special Rapporteur in his
reports regarding the need to respect all relevant safeguards and restrictions.
16
17
18
19
6
In December 2012, General Assembly resolution A/67/176 on “moratorium on the use of the death
penalty” was adopted with a recorded vote of 111.
Amnesty International, op. cit., p. 8-9.
See “UN human rights expert urges Indonesian authorities to stop executions”; Available at
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13188&LangID=E.
The Commission on Human Rights, in its resolution 2005/59, reaffirmed the importance of the
safeguards, as did the General Assembly in its resolutions 62/149, 63/168, 65/206 and 67/176.
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