A/HRC/45/20
methods of execution, deportation and extradition,84 fair trial guarantees, and protection of
juveniles, persons with disabilities and pregnant women.85
Restriction of the use of the death penalty to the “most serious crimes”
A.
25.
In accordance with article 6 of the International Covenant on Civil and Political
Rights, States should only impose the death penalty for the “most serious crimes”, a term
that must be read restrictively and appertain only to crimes of extreme gravity involving
intentional killing. A limited degree of involvement or of complicity in the commission of
even the most serious crimes cannot justify the imposition of the death penalty. 86
26.
During the reporting period, the death sentence was reportedly provided for offences
that did not meet this threshold, including drug-related offences,87 economic crimes88 such
as corruption, 89 espionage, 90 kidnapping, 91 rape, 92 apostasy, 93 sodomy, adultery and
trafficking,94 and different forms of treason or crimes against the State. 95
27.
Special procedure mandate holders of the Human Rights Council were “seriously
concerned that blasphemy charges are still being brought [in Pakistan] against people
legitimately exercising their rights to freedom of thought, conscience, religion and
expression”.96 The Human Rights Committee was particularly concerned that in Bahrain the
death penalty was imposed for drug trafficking, deliberately obstructing funerals or
memorial services, certain crimes against property under aggravating circumstances and
any offence punishable by life imprisonment under common law if that offence was
perpetrated for the purposes of terrorism. 97 The Committee recommended that the Lao
People’s Democratic Republic undertake a comprehensive review of relevant legislation to
ensure that the death penalty could be imposed only for the most serious crimes. 98
28.
Several States provided for the death penalty for terrorism-related crimes, including
against juvenile offenders in Pakistan. 99 The Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism expressed
his grave concern about the lack of due process in terrorism cases in Saudi Arabia, which
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86
87
88
89
90
91
92
93
94
95
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98
99
8
Ireland highlighted that extradition was not to be granted for an offence that was punishable by death
under the law of the requesting country unless the requesting country gives such assurance as the
Minister for Justice and Equality considers sufficient that the death penalty will not be carried out.
Armenia indicated that a person accused of committing a crime could not be extradited to another
country if the legislation in that country envisaged the death penalty for that crime, without Armenia
receiving assurances that the death penalty would not be implemented.
See also E/2020/53, paras. 77–80. Some submissions (Bahrain, Egypt, Iraq, Lebanon, Saudi Arabia
and Qatar) highlighted how long the execution of pregnant women was suspended for. See further
www.deathpenaltyworldwide.org/publication/judged-more-than-her-crime.
General comment No. 36, para. 35.
Viet Nam (CCPR/C/VNM/CO/3, para. 23); Singapore (www.sps.gov.sg/docs/default-source/statsrelease/sps-annual-stats-release-for-2019_713kb.pdf).
Viet Nam (CCPR/C/VNM/CO/3, para. 23).
China (see www.amnesty.org/en/documents/act50/1847/2020/en/, p. 13).
The Sudan (CCPR/C/SDN/CO/5, para. 29).
The Islamic Republic of Iran (see www.amnesty.org/en/documents/act50/1847/2020/en/, p. 13).
Egypt, Iran (Islamic Republic of) and Saudi Arabia (see
www.amnesty.org/en/documents/act50/1847/2020/en/, p. 13).
Mauritania and the Sudan (CCPR/C/MRT/CO/2, para. 40; CAT/C/MRT/CO/2, para. 34;
CCPR/C/SDN/CO/5, para. 29).
The Sudan (CCPR/C/SDN/CO/5, para. 29).
Pakistan and Saudi Arabia (see www.amnesty.org/en/documents/act50/1847/2020/en/ p. 13).
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25455. See also
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23401&LangID=E;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24916.
CCPR/C/BHR/CO/1, para. 31.
CCPR/C/LAO/CO/1, paras. 17–18.
See
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24140.
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