A/HRC/4/20
page 18
IV. CONCLUSIONS AND RECOMMENDATIONS
63.
The prohibition of the execution of those who were under 18 at the time of
committing a crime is of fundamental importance to international human rights law. The
Islamic Republic of Iran is the only country in the world in relation to which I continue to
receive significant numbers of credible reports of such sentences being imposed and, in
some cases, carried out on juveniles. Iran is a party to two treaties which explicitly outlaw
this practice. My repeated requests over several years to visit Iran in order to ascertain the
accuracy of these reports and to explore through dialogue ways in which to remedy any
shortcomings have yielded no response. This is despite the fact that a “standing invitation”
has been issued. This is now a matter in relation to which the Council will need to respond
appropriately.
64.
International human rights law and international humanitarian law are
complementary bodies of law. Suggestions that the extrajudicial executions mandate and,
much more importantly, the Human Rights Council as a whole are excluded from
inquiring into possible violations of human rights or humanitarian law committed in any
context in which an armed conflict may or may not be occurring would dramatically
reduce the relevance of the Council and would eliminate all public scrutiny under
international law for such violations. The Council should uphold and continue its very
long-established practice - dating back almost a quarter of a century in the case of this
mandate alone - of scrutinizing alleged violations of both human rights and humanitarian
law, even if committed in the context of an armed conflict.
65.
The death penalty must, under international law, only be applied for the most
serious crimes. This standard, like all others in international human rights law, cannot be
interpreted subjectively by each individual country without making a mockery of the basic
principle. Over the past two decades international jurisprudence from a wide range of
sources has succeeded in bringing clarity to the question of which crimes can legitimately
be classified as being the “most serious”. As a result, the death penalty can only be
imposed in cases where it can be shown that there was an intention to kill which resulted in
the loss of life.
66.
Making the death penalty mandatory for certain crimes, in such a way that a judge
is prohibited from taking the circumstances of an individual accused person into account in
sentencing, is illegal under international human rights law. This is not to say that countries
which retain the death penalty are unable to apply that penalty in the majority of cases
involving a most serious crime, but they are obligated to at least provide for the possibility
that a judge might find a death sentence impermissible in a particular individual's case
because of extenuating circumstances of one kind or another.
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