A/HRC/45/20
10.
Some recommendations made in the context of the universal periodic review were
noted by States under review.27 The Central African Republic, Chad, the Comoros, and the
Congo supported recommendations to abolish the death penalty. 28 The Central African
Republic, Chad, the Congo, Côte d’Ivoire, Equatorial Guinea, Kazakhstan and Senegal
supported recommendations to ratify the Second Optional Protocol,29 and Nigeria supported
a recommendation to establish a moratorium and step up national discussions on the
question of abolition.30 Viet Nam supported a recommendation to restrict the death penalty
to the most serious crimes,31 and Saudi Arabia to forgo the application of the death penalty
or at least restrict it to the most serious crimes.32 Afghanistan supported recommendations
to consider instituting a moratorium on executions and to commute the death sentences of
juveniles;33 and Egypt to guarantee fair trial, particularly for those accused of capital crimes,
and ensure that no juvenile was sentenced to death.34 Malaysia supported recommendations
to establish a moratorium with a view to abolition;35 as did Yemen, which also supported a
recommendation to ensure that the death penalty was not imposed on juveniles. 36 Dominica
stated its willingness to receive support to enable a national dialogue on the death penalty. 37
B.
Restrictions on the use and scope of the death penalty or limitations of
its use
11.
Initiatives restricting the use of the death penalty were recorded in several States.
Afghanistan confirmed that the monitoring committee reviewing capital punishment cases
received from prosecutors had had positive effects on the reduction of the death penalty.38
In Malaysia, the double presumption of “possession and knowledge” of drugs and,
consequently, of the purpose of trafficking drugs was declared unconstitutional. 39
Bangladesh highlighted the gradual replacement of the death penalty with other forms of
punishment, such as life imprisonment. 40 In April 2020, Saudi Arabia announced it had
ended the imposition of the death penalty on juveniles, 41 although concerns were raised that
the decision might not apply to all crimes.42 In the United States, the States of Arizona and
Oregon narrowed the types of capital crimes.43
C.
International and regional instruments contributing to the abolition of
the death penalty
12.
The Second Optional Protocol – the key international treaty prohibiting the use of
the death penalty – had been ratified by 88 States as at 31 May 2020.
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
4
E.g., by China (A/HRC/40/6/Add.1, para. 2); Eritrea (A/HRC/41/14/Add.1); the Democratic Republic
of the Congo (A/HRC/42/5/Add.1, para. 2); Dominica (A/HRC/42/9/Add.1); Ethiopia
(A/HRC/42/14/Add.1, para. 3); Qatar (A/HRC/42/15/Add.1, para. 6).
A/HRC/40/12/Add.1, paras. 20–21; A/HRC/40/15, para. 114; A/HRC/41/12, para. 118;
A/HRC/40/16/Add.1, para. 7.
A/HRC/40/12/Add.1, paras. 20–21; A/HRC/40/15, para. 114; A/HRC/40/16/Add.1, para. 7;
A/HRC/42/6, para. 140; A/HRC/42/13, para. 122; A/HRC/43/10/Add.1, para. 4; A/HRC/40/5.
See A/HRC/40/7/Add.1.
A/HRC/41/7/Add.1, para. 15.
A/HRC/40/4/Add.1, paras. 18–19.
A/HRC/41/5/Add.1, para. 5. “Juveniles” refers to persons under the age of 18 at the time of
commission of the offence.
See A/HRC/43/16/Add.1.
A/HRC/40/11/Add.1, para. 7.
A/HRC/41/9, para. 123.
A/HRC/42/9, para. 10.
CAT/C/AFG/CO/2/Add.1, paras. 18–21.
Harm Reduction International submission.
CAT/C/BGD/CO/1, para. 50.
See https://hrc.gov.sa/en-us/News/Pages/news803.aspx.
See https://reprieve.org.uk/press/loopholes-in-saudi-promise-to-end-death-sentences-against-children/.
See https://files.deathpenaltyinfo.org/reports/year-end/YearEndReport2019.pdf, p. 5.
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