A/HRC/45/20 declaring that no one who was under the age of 18 years at the time of the commission of their offence would be sentenced to death or executed.204 B. Persons with psychosocial or intellectual disabilities 51. United Nations human rights mechanisms have stated that the death penalty should not be imposed on individuals who face specific barriers in defending themselves on an equal basis with others such as persons with psychosocial or intellectual disabilities. 205 The Committee on the Rights of Persons with Disabilities has noted that persons with psychosocial or intellectual disabilities are more likely to be denied guarantees of fair trial, including lack of an effective defence due to deprivation of legal capacity and the lack of procedural accommodations.206 It has recalled that, in death penalty cases, it is axiomatic that the accused must be effectively assisted by a lawyer at all stages of the proceedings, and that information obtained as a result of torture must always be excluded from the evidence.207 52. Submissions by States highlighted provisions that limited the death penalty for persons with psychosocial or intellectual disabilities. 208 The United States Supreme Court has clarified that the Eighth Amendment to the Constitution prohibits the execution of those who cannot reach a rational understanding of the execution and why the State wants to execute them, notwithstanding the type of disability that affects such understanding. 209 In another case, the Court reiterated that the determination of intellectual disability as a bar to execution must be based on clinical criteria, not “lay stereotypes”.210 At the state level, the Arkansas Supreme Court found that giving the state’s prison director sole authority to determine a prisoner’s competency to be executed violated due process.211 53. Nevertheless, persons with psychosocial or intellectual disabilities reportedly were under sentence of death, including in Iran (Islamic Republic of), 212 Japan, Maldives, Pakistan, the Republic of Korea, Singapore and the United States. 213 During the reporting period, Human Rights Council mandate holders issued urgent appeals for Pakistan 214 (including where the National Commission for Human Rights had issued an order directing a stay of the execution on humanitarian grounds 215) and the United States 216 to halt the planned executions of persons with psychosocial or intellectual disabilities. 54. With regard to Saudi Arabia, the High Commissioner strongly condemned, and Human Rights Council mandate holders expressed their most serious concern at, the executions of 37 individuals, including 1 person who was a juvenile offender and a person with disabilities.217 The Committee on the Rights of Persons with Disabilities urged Saudi 204 205 206 207 208 209 210 211 212 213 214 215 216 217 16 A/HRC/40/69, para. 131 (d). General comment No. 36, paras. 41 and 49; CRPD/C/IRN/CO/1, paras. 22–23. See also Economic and Social Council resolutions 1984/50 and 1989/64; A/HRC/37/25, paras. 31–34. Al Adam v. Saudi Arabia (CRPD/C/20/D/38/2016); Makarov v. Lithuania (CRPD/C/18/D/30/2015). See also CRPD/C/IRN/CO/1, paras. 22–23. Al Adam v. Saudi Arabia, para. 11.4. Bahrain, Egypt, Iraq, Lebanon and Saudi Arabia. Madison v. Alabama (139 S.Ct.718) (2019). Moore v. Texas (586 U.S.) (2019). See https://deathpenaltyinfo.org/news/arkansas-supreme-court-strikes-down-states-death-penaltymental-competency-law. See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24588. See www.amnesty.org/en/documents/act50/1847/2020/en/, pp. 12, 26 and 29. See also Harm Reduction International and Justice Project Pakistan submission. See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24673; https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24263. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24068. See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24184. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24510&LangID=E; https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24633.