A/HRC/45/20 Myanmar, Nigeria, Pakistan, Saudi Arabia, Singapore, 111 Sri Lanka, 112 the Sudan 113 and Trinidad and Tobago.114 32. Some initiatives were undertaken to remove the mandatory death penalty. Barbados removed it as punishment for murder, and established a procedure for reviewing death sentences imposed under the Offences against the Person Act. 115 In Uganda, the mandatory death penalty was removed from the Penal Code, the Anti-Terrorism Act, 2002 and other laws.116 After announcing it would abolish the death penalty for all crimes and impose a moratorium on all executions,117 Malaysia clarified that it would only repeal the mandatory death penalty for 11 specific criminal offences. A special committee submitted a report on the reform in February 2020.118 In Kenya, the task force on the review of the mandatory death penalty119 recommended that Parliament abolish the death penalty entirely and if not abolished, that it should only be reserved for the rarest of rare cases involving intentional and aggravated acts of killing.120 Reportedly, Malawian courts have held 158 resentencing hearings further to the removal of the mandatory death penalty for murder, and the sentences of each prisoner have been reduced to life imprisonment. 121 33. The African Court on Human and Peoples’ Rights found that the mandatory death sentence for murder in the United Republic of Tanzania constituted a violation of the right to life and fair trial set out in the African Charter, and ordered the State to repeal that provision.122 C. Fair trial guarantees 34. According to the Human Rights Committee, the imposition of a death sentence upon the conclusion of a trial in which the provisions of article 14 of the Covenant have not been respected constitutes a violation of the right to life.123 This might involve the use of forced confessions, lack of effective representation during all stages of the criminal proceedings, failure to respect the presumption of innocence, general lack of fairness of the criminal process, or lack of independence or impartiality of the court.124 According to the Committee, other serious procedural flaws may render the imposition of the death penalty contrary to article 6, for example a failure to promptly inform detained foreign nationals of their right to consular notification pursuant to the Vienna Convention on Consular Relations.125 35. Some States provided information regarding legal guarantees and safeguards in their jurisdictions.126 In China, the Supreme People’s Court issued guidance introducing, inter alia, the right to legal counsel for defendants during the Court’s review of the case, and notification of the verdict within five days after the decision is issued. 127 Furthermore, 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 10 See www.amnesty.org/en/documents/act50/1847/2020/en/, p. 13. See also CCPR/C/NGA/CO/2, para. 24. Freedoms Collective, Sri Lanka, and Reprieve, United Kingdom, submission. CCPR/C/SDN/CO/5, para. 29. See www.amnesty.org/en/documents/act50/9870/2019/en/, p. 16. See www.amnesty.org/en/documents/act50/1847/2020/en/, p. 17. The Law Revision (Penalties in Criminal Matters) Miscellaneous (Amendment) Act, 2019. See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24150. Harm Reduction International submission. Established further to the determination that the mandatory death penalty for murder was unconstitutional (Supreme Court of Kenya, Francis Karioko Muruatetu & another v. Republic et al. (2017)). See www.statelaw.go.ke/wp-content/uploads/2019/11/EDITED-Final-Nov-5th-DPTF-REPORT.pdf. Community of Sant’Egidio, Malawi and Reprieve, United Kingdom submission. See www.african-court.org/en/images/Cases/Judgment/Judgment_Summary_Application_007-2015Ally_Rajabu_and_Others_v_Tanzania_Final.pdf. General comments No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, para. 59, and No. 36, para. 41. See also A/HRC/39/19, para. 29. General comment No. 36, para. 41. Ibid., para. 42. Bahrain, Egypt, Iraq, Lebanon and Saudi Arabia. See www.amnesty.org/en/documents/act50/1847/2020/en/, p. 25.