A/HRC/4/78
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capital punishment was imposed for crimes that did not appear to fall within the category of the
most serious crimes; and when the death penalty was imposed by special courts and under
special legislation which failed to provide due process of law.
18.
In the period under review, the Special Rapporteur has paid special attention to the issue
of transparency and the imposition of the death penalty. He dedicated a full report to the issue
(E/CN.4/2006/53/Add.3) in which he analyses in detail the legal basis of the obligation to be
transparent in such matters. In particular, the Special Rapporteur observed that in a
“considerable number of countries information concerning the death penalty is cloaked in
secrecy. No statistics are available as to executions, or as to the numbers or identities of those
detained on death row, and little if any information is provided to those who are to be executed
or to their families” (E/CN.4/2005/7, para. 57). He observed that such secrecy is incompatible
with human rights standards in various respects, and concluded that “countries that have
maintained the death penalty are not prohibited by international law from making that choice,
but they have a clear obligation to disclose the details of their application of the penalty”
(ibid., para. 59).
19.
During 2006, the Committee on the Rights of the Child continued its discussion, during
the consideration of States parties’ reports, about the abolition of the death penalty for crimes
committed by persons under the age of 18 years. In its concluding observations on the report of
Saudi Arabia, the Committee expressed its deep concern that judges presiding over criminal
cases involving children in Saudi Arabia are given the discretion to determine that children have
reached majority before 18 years. The Committee saw this as a serious violation of the
fundamental rights under article 37 of the Convention. The Committee urged the State party to
abolish as a matter of the highest priority the death penalty as a sentence imposed on persons for
crimes committed before the age of 18 (see CRC/C/SAU/CO/2, paras. 32-33). In its concluding
observations on the report of the United States of America, the Human Rights Committee
regretted the lack of information and recommended that the State party review federal and state
legislation with a view to restricting the number of offences carrying the death penalty.
Expressing concern at the outcome of certain studies, the Committee recommended that the State
party assess the extent to which the death penalty is disproportionately imposed on ethnic
minorities and on low-income population groups, as well as the reasons for this, and adopt all
appropriate measures to address the problem. In the meantime, it was recommended that the
State party put a moratorium on capital sentences, bearing in mind the desirability of abolishing
the death penalty (see CCPR/C/USA/CO/3, para. 29).
V. CONCLUSION
20.
The trend towards abolition and restriction in the application of the death penalty
has continued since the last report prepared on this subject. During 2006 the number of
abolitionist countries for all crimes has increased. Four States ratified the Second Optional
Protocol to ICCPR and four others ratified Protocol No. 13 to ECHR providing for the
abolition of the death penalty in all circumstances. Six additional States became parties to
ICCPR.
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