A/HRC/45/20
was particularly acute in cases involving the imposition of the death penalty. 100 He was also
concerned at the harsh punishment, including the death penalty, provided in the new
antiterrorism legislation in Ethiopia.101 The Committee on Economic, Social and Cultural
Rights urged Cameroon to amend antiterrorism legislation under which the death penalty
was imposed for acts likely to disrupt the normal operation of public services or the
provision of essential services to the population or to create a crisis situation among the
population. 102 In communications to Armenia, Belgium, Iraq, Kyrgyzstan, the Russian
Federation, the United Kingdom of Great Britain and Northern Ireland and the United
States, mandate holders raised information received concerning the risks to foreign
nationals facing prosecution and trials for capital offences under the antiterrorism law of
Iraq.103
29.
Consensual same-sex conduct remained punishable by death in some States. 104 The
Human Rights Committee has reaffirmed that under no circumstances can the death penalty
ever be applied as a sanction against conduct the very criminalization of which violates the
Covenant, including homosexuality. States that retain the death penalty for such offences
commit a violation of article 6, read alone and in conjunction with article 2 (2) of the
Covenant.105 The Committee stated that Mauritania should decriminalize sexual relations
between consenting adults of the same sex and release anyone currently thus detained. 106
Mandate holders urged Brunei Darussalam to revoke the death penalty by stoning for
consensual same-sex conduct and adultery.107 The State subsequently indicated that “a de
facto moratorium on the execution of the death penalty for cases under the common law”
had been extended to these cases.108
B.
Prohibition of the mandatory use of the death penalty
30.
According to the Human Rights Committee, the mandatory use of the death penalty
constitutes an arbitrary deprivation of life, in violation of article 6 (1) of the International
Covenant on Civil and Political Rights, where it is imposed without any possibility of
taking into account the defendant’s personal circumstances or the circumstances of the
particular offence. Mandatory death sentences are arbitrary in nature 109 and not compatible
with the limitation of capital punishment to the “most serious crimes”.110
31.
During the reporting period, mandatory death sentences reportedly continued to be
imposed or provided for in law, including in Ghana, Iran (Islamic Republic of), Malaysia,
100
101
102
103
.
104
105
106
107
108
109
110
A/HRC/40/52/Add.2, para. 48.
A/HRC/44/49/Add.1, para. 27.
E/C.12/CMR/CO/4, paras. 38–39.
See
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24248;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24851;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24154;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24211;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23990;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23988;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23985;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24858
See also A/HRC/40/52/Add.5, para. 79.
See https://cdn.penalreform.org/wp-content/uploads/2020/05/Global-Prison-Trends-2020-PenalReform-International-Second-Edition.pdf, p. 28.
General comment No. 36, para. 36.
CCPR/C/MRT/CO/2, para. 13.
See
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24522.
A/HRC/42/11/Add.1, p. 4.
General comment No. 36, para. 37; A/HRC/39/19, para. 24.
E/2015/49 and Corr.1, para. 63.
9
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