A/HRC/10/44
page 12
Convention.17 The Human Rights Committee followed the systematic interpretation of the rights
to life and personal integrity originally developed by the European Court,18 although it
increasingly realized the inconsistency between its approaches towards corporal and capital
punishment. This became most evident in its jurisprudence concerning different methods of
execution. All members agreed that certain methods, such as stoning to death, which
intentionally prolong pain and suffering, amount to cruel, inhuman or degrading punishment. But
opinions differ considerably as to which methods of execution can still be considered “humane”
today. In Kindler v. Canada, the majority held in 1993 that execution by lethal injection, as
practised in Pennsylvania, did not amount to inhuman punishment.19 The United States Supreme
Court arrived at a similar conclusion in 2008.20 On the other hand, in its views on Ng v. Canada
in 1993, the majority of the Human Rights Committee found that execution by gas asphyxiation,
as practised until recently in California, did amount to cruel and inhuman treatment and, as a
consequence, Canada had violated article 7 of the Covenant by having extradited the applicant to
the United States.21 In Staselovich v. Belarus, the Committee found execution by a firing squad
to be in conformity with article 7 of the Covenant, but at the same time held that the failure of
the authorities to notify the mother of the scheduled date for the execution of her son and their
subsequent persistent failure to notify her of the location of her son’s grave amounted to
inhuman treatment vis-à-vis the mother.22 The Inter-American Court on Human Rights, referring
to the Soering case before the European Court of Human Rights, found in the decision of Hilaire
and others v. Trinidad and Tobago that the fact that the victims in detention may be taken out of
the cell to be hanged at any moment or compelled to live under circumstances that impinge on
their physical and psychological integrity constituted cruel, inhuman and degrading treatment.23
Along similar lines, the Special Rapporteur on extrajudicial, summary or arbitrary executions
stated in a report submitted to the Council on transparency and the imposition of the death
penalty that the practice of informing death row prisoners of their impending execution only
moments before they die, and families only later, was “inhuman and degrading”
(E/CN.4/2006/53/Add.3, para. 32).
17
See for example the carefully phrased judgement of the Grand Chamber of 12 May 2005 in
Öcalan v. Turkey, Application No. 46221/99, para. 175.
18
See for example the controversial decision of 30 July 1993 in Kindler v. Canada, Comm.
No. 470/1991, para. 15.1.
19
Ibid., para. 15.3. See also the individual opinion of Herndl and Sadi.
20
Baze et al. v. Rees, Commissioner, Kentucky Department of Corrections, et al.
of 16 April 2008, No. 07-5439.
21
Decision of 5 November 1993 in Ng v. Canada, communication No. 469/1991, para. 16.4.
22
Decision of 3 April 2003 in Mariya Staselovich (and Igor Lyashkevich) v. Belarus, Comm.
No. 887/1999, para. 9.2.
23
Judgement of 21 June 2002, Series C, No. 94 paras. 168-169. See also A/63/293, para. 21.
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