A/HRC/12/45
page 8
28. In welcoming the abolition of the death penalty in Rwanda, the Committee noted with
concern that it had been replaced by life imprisonment in solitary confinement, which is
treatment contrary to article 7 of the Covenant. The Committee recommended that the State party
should put an end to the sentence of solitary confinement and ensure that persons sentenced to
life imprisonment benefit from the safeguards of the United Nations Standard Minimum Rules
for the Treatment of Prisoners (CCPR/C/RWA/CO/3, para. 14). The Committee against Torture
welcomed the abolition of the death penalty in its consideration of the second periodic report of
the Philippines under the Convention in May 2009 (CAT/C/PHL/CO/2, para. 5).
29. The treaty bodies also addressed concluding observations to States parties retaining the
death penalty. In its concluding observations on the fourth periodic report of China in
November 2008, the Committee against Torture recommended that the State party should review
its legislation with a view to restricting the imposition of the death penalty, provide specific data
on death penalty cases and ensure that all persons on death row are afforded the protection
provided by the Convention (CAT/C/CHN/CO/4, para. 34).
30. A number of special procedures of the Council have also considered the question of the
death penalty during the reporting period. In his report to the seventh session of the Council
(A/HRC/10/44), the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment devoted a significant discussion to the death penalty in the light of the
prohibition of cruel, inhuman and degrading punishment. The Special Rapporteur highlighted the
inconsistencies in the current practice of States and human rights monitoring bodies that allow
for an exception for the death penalty in construing the right to personal integrity, but not for
corporal punishment.
31. The report of the Special Rapporteur on extrajudicial, summary or arbitrary executions to
the Council’s eleventh session included a section entitled “Upholding the prohibition against the
execution of juvenile offenders”. In outlining the cases of death sentences and executions of
juveniles sent to him, the Special Rapporteur reaffirmed that the execution of juvenile offenders
is an affront to the fundamental principles of humane treatment and a blatant violation of
international law (A/HRC/11/2, para. 42).
V. CONCLUSIONS
32. Developments on the question of the death penalty outlined in this report suggest that
while the trend towards abolition continues, some States are maintaining the punishment
while gradually restricting its use. Furthermore, reported developments indicate that a
number of States are engaging in a national debate on whether to lift existing moratoriums
or to abolish the death penalty. Finally, any analysis of the application of the death penalty
remains difficult in the light of a lack of transparency by States in providing information
on individuals executed.
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