A/HRC/45/20 13. Human rights treaty bodies encouraged States to consider ratifying or acceding to the Second Optional Protocol, including Algeria, Angola, Bangladesh, Belarus, Cameroon, the Democratic Republic of the Congo, Equatorial Guinea, Eritrea, the Gambia, Guinea, Japan, Kuwait, the Lao People’s Democratic Republic, Lesotho, Libya, Mauritania, the Niger, Nigeria, Saint Vincent and the Grenadines, Senegal, the Sudan, Tajikistan, Viet Nam and Zambia.44 14. Given the irreversible nature of the death penalty, death sentences should not be carried out when interim measures by international courts, human rights courts and commissions, and international monitoring bodies requiring a stay of execution are in place. The Human Rights Committee has noted that a failure to implement such measures is incompatible with the obligation to respect in good faith the procedure of individual communication established under the first Optional Protocol, 45 and that failing to comply with this obligation constitutes a serious violation of that Optional Protocol. 46 The Committee against Torture has highlighted that non-compliance with interim measures of protection regarding deportations constitutes a breach of article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.47 15. The Human Rights Committee regretted that Belarus continued not to comply with its requests for interim measures and that it executed individuals before the Committee had concluded its consideration of their cases. 48 After executions in Belarus in 2018, United Nations human rights mechanisms deplored the ongoing use of the death penalty while complaints were pending before the Committee, which had requested that the executions in question be stayed while the communications were under consideration.49 16. The Working Group on Arbitrary Detention deplored executions in Saudi Arabia, when the matters were under its consideration and it had specifically requested that the physical and mental integrity of the persons be ensured.50 The Inter-American Commission on Human Rights urged the United States in August 2019 to stay an execution with respect to which precautionary measures had been granted.51 D. Reintroduction of the use of the death penalty, extension of its scope or resumption of executions 17. According to the Human Rights Committee, States parties to the Covenant that have abolished the death penalty, by amending their domestic laws, becoming parties to the Second Optional Protocol, which does not contain termination provisions and cannot be denounced by States parties, or adopting another international instrument obligating them to abolish the death penalty, are barred from reintroducing it. States parties may not transform into a capital offence any offence that, upon ratification of the Covenant or thereafter, did not entail the death penalty.52 The Committee has stated that it is contrary to 44 45 46 47 48 49 50 51 52 CCPR/C/DZA/CO/4, para. 28; CRC/C/AGO/CO/5-7, para. 40 (b); CAT/C/BGD/CO/1, para. 51; CCPR/C/BLR/CO/5, para. 28; E/C.12/CMR/CO/4, para. 67; CAT/C/COD/CO/2, para. 44; CCPR/C/GNQ/CO/1, para. 35; CCPR/C/ERI/CO/1, para. 24 (f); CCPR/C/GMB/CO/2, para. 28; CRC/C/GIN/CO/3-6, para. 50 (a); CCPR/C/GIN/CO/3, para. 28; CRC/C/JPN/CO/4-5, para. 49 (b); CERD/C/JPN/CO/10-11, para. 39; CRPD/C/KWT/CO/1, para. 21; CCPR/C/LAO/CO/1, para. 18; CRC/C/LSO/CO/2, para. 62 (a); CMW/C/LBY/CO/1, para. 17; CRC/C/MRT/CO/3-5, para. 47; CCPR/C/MRT/CO/2, para. 25 (e); CCPR/C/NER/CO/2, para. 27; CRC/C/NER/CO/3-5, para. 50; CCPR/C/NGA/CO/2, para. 25; CCPR/C/VCT/CO/2/Add.1, para. 23 (b); CCPR/C/SEN/CO/5, para. 19; CCPR/C/SDN/CO/5, para. 30; CCPR/C/TJK/CO/3, para. 28; CCPR/C/VNM/CO/3, para. 24 (a); CERD/C/ZMB/CO/17-19, para. 35. General comments No. 33 (2008) on the obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights, para. 19, and No. 36, para. 46. Selyun v. Belarus (CCPR/C/115/D/2289/2013), paras. 5.1–5.5; CCPR/C/BLR/CO/5, para. 8. General comment No. 4 (2017) on the implementation of article 3 in the context of article 22, para. 37. CCPR/C/BLR/CO/5, para. 12. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24009&LangID=E. A/HRC/WGAD/2019/26 and A/HRC/WGAD/2019/56. See www.oas.org/en/iachr/media_center/PReleases/2019/211.asp. General comment No. 36, para. 34. 5