A/HRC/42/25
blasphemy, adultery and consensual sexual relations between persons of the same sex, and
called upon States to immediately repeal such laws. In this regard, delegates referred to the
definition of “most serious crimes” in article 6 (2) of the International Covenant on Civil
and Political Rights, general comment No. 36 of the Human Rights Committee and Human
Rights Council resolution 36/17.
42.
It was noted that the threat of the death penalty for consensual same-sex relations in
some States, even where laws were not enforced, had a significant chilling effect, and often
prevented the establishment and development of LGBTI organizations, the provision of
services to LGBTI communities, as well as human rights advocacy.
E.
Importance of data
43.
A number of delegates pointed out that data on crime rates showed that there was no
evidence that the death penalty was a more effective deterrent than long prison sentences. It
was noted that a fall in support for the death penalty was observed when the public was
presented with evidence-based information correcting the misconception that the death
penalty deterred crime.
44.
Several delegates stressed that transparency in how the death penalty was applied
was vital to detecting possible discrimination and to ensuring that due process safeguards
and other human rights standards were upheld. They called for all States that retained the
death penalty to publish full and accurate data on persons sentenced to death and executed,
disaggregated by gender, age, nationality, ethnicity and other relevant characteristics.
F.
Importance of international cooperation and regional bodies
45.
A number of delegates highlighted the important role of international cooperation
and exchanges of experience towards abolition of the death penalty, including through
initiatives such as the Alliance for Torture-Free Trade,10 World and Regional Congresses
against the Death Penalty, and the World Coalition against the Death Penalty. 11
46.
Several delegates welcomed the role of the Secretary-General and of the High
Commissioner in calling for the universal abolition of the death penalty. Delegates drew the
attention of the Council to the positive role played by regional bodies in the abolitionist
movement, including the Inter-American Commission on Human Rights and the InterAmerican Court of Human Rights and the European Union. Delegates also highlighted the
commitment of the Council of Ministers of the Community of Portuguese-speaking
Countries to the universal abolition of the death penalty.
V. Conclusions
47.
In its concluding remarks, the panel welcomed the broad recognition among
States that ratifying international human rights instruments placed them on an
irrevocable path towards abolition of the death penalty. The panel noted that several
interventions focused on the incompatibility of the death penalty with the prohibition
on torture and other forms of cruel, inhuman or degrading treatment or punishment,
and with human dignity, and referred participants to general comment No. 36 of the
Human Rights Committee, which foresaw the possibility of future agreement among
States that the death penalty was contrary to article 7 of the International Covenant
on Civil and Political Rights under all circumstances.
48.
The panel emphasized that the right to life was the cornerstone of all human
rights and that human rights were universal values. Panellists noted comments from
some States in support of the death penalty, citing the interests of victims of crime,
10
11
See www.torturefreetrade.org.
See www.worldcoalition.org.
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