A/HRC/4/78
page 3
I. INTRODUCTION
1.
The Human Rights Council, by decision 2/102, requested the High Commissioner
for Human Rights to “continue with the fulfilment of her activities, in accordance with all
previous decisions adopted by the Commission on Human Rights and to update the relevant
reports and studies”. On the current issue of the death penalty, a comprehensive annual report
(E/CN.4/2006/83) was submitted to the Commission on Human Rights at its sixty-second session
pursuant to resolution 2005/59. The information in the report remains relevant. The Office of
the High Commissioner for Human Rights (OHCHR) understands decision 2/102 to preserve the
previous annual reporting cycle in respect of this issue until otherwise decided by the Council.
The current report to the Council accordingly addresses developments in respect of the death
penalty over the last year.
2.
The present supplemental report prepared by OHCHR pursuant to Human Rights Council
decision 2/102 covers selected developments at the international level and is based on
information available in the public domain from intergovernmental organizations and
non-governmental organizations.
3.
Following the practice adopted in the quinquennial reports of the Secretary-General,
countries are classified in the present report as completely abolitionist, abolitionist for ordinary
crimes, de facto abolitionist, or retentionist. Countries that are abolitionist for all crimes,
whether in peacetime or in wartime, are regarded as completely abolitionist. Countries that are
regarded as abolitionist for ordinary crimes are those that abolished the death penalty for all
ordinary offences committed in time of peace. In such countries, the death penalty is retained
only for exceptional circumstances, such as those which may apply in time of war for military
offences, or for crimes against the State, such as treason or armed insurrection. Countries that
retain the death penalty for ordinary crimes but have not executed anyone during the past
10 years or more are considered abolitionist de facto. All other countries are defined as
retentionist, meaning that the death penalty is in force and executions do take place, although
in many retentionist countries such executions might be quite rare.
II. CHANGES IN LAW AND PRACTICE
4.
Changes in law may include new legislation abolishing or reinstating the death penalty,
or restricting or expanding its scope, or amending the legal process applicable to death penalty
cases as well as ratifications of international instruments that provide for the abolition or
restriction in the application of the death penalty. Changes in practice may cover non-legislative
measures with a significant new approach regarding the use of the death penalty; for example,
countries may, while retaining the death penalty, announce a moratorium on its application.
Such changes might also include measures to commute death sentences.
A. Countries which have abolished the death penalty for all crimes
5.
In November 2006, Kyrgyzstan adopted a new Constitution in which the death penalty
was abolished. In June 2006, Moldova abolished the death penalty by amending its
Constitution which provided for the death penalty in exceptional cases. In June 2006, the
Philippines repealed legislation that allowed for the death penalty and abolished it for all crimes.
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