A/HRC/42/25
progress towards abolition when the death penalty had been reintroduced for certain grave
crimes in 1985, but that law had been repealed within five years. The Constitution of 1990
had explicitly prohibited capital punishment. Thus, it had taken almost 59 years for Nepal
to reach full abolition of the death penalty. In 1998, Nepal had ratified the Second Optional
Protocol to the International Covenant on Civil and Political Rights. The Constitution of
2015 considered the right to life to be the bedrock of all human rights and prohibited the
death penalty in all cases. Abolition had been possible due to a long and conscious effort of
all stakeholders, including political leaders, civil society, human rights defenders, the media
and faith leaders. The tradition, culture and social value system of Nepal valued human life
and advanced a concept of justice that placed a high value on compassion, repentance and
forgiveness. Those values, along with the principles of rehabilitation, reformism,
reconciliation and transformation, guided the path towards full respect for the dignity of
life.
18.
In conclusion, Mr. Gyawali stressed that Nepal believed in the complete abolition of
the death penalty. The death penalty removed any possibility of correction and reform of
the individual. No study had ever proven that the death penalty reduced crime. Physical
elimination of the individual was not the answer. Instead, States must focus on the root
causes of crime, which included poverty, deprivation, destitution and marginalization.
Abolition was a long and gradual, but sure, pathway. As States advanced the cause of the
right to life, human rights and the values of human dignity, abolition became a necessity,
and universal abolition would be achieved in due time.
19.
In response to the moderator’s question on the main manifestations of discrimination
in the application of the death penalty in the English-speaking Caribbean and effective
strategies towards abolition, Ms. Janki noted that only the former British colonies in the
Caribbean retained the death penalty, which had been abolished by the rest of the Caribbean
countries, with the exception of Cuba. The existence of the death penalty was itself a form
of discrimination. Capital punishment had been essential to the machinery of slavery in the
Caribbean, and enslaved Africans had been considered not as persons, but as property.
Institutionalized inequality remained hardwired into Caribbean societies. Like slavery, the
death penalty posited that some persons were less than others. The death penalty robbed
convicted persons of their dignity as human beings. Convicted criminals should face
punishment, including removal from society, and be rehabilitated for the protection of
society. It was barbaric for a State to take the life of one of its own citizens.
20.
Ms. Janki noted that there were around 36 persons on death row in Trinidad and
Tobago, 35 in Guyana, 8 in Jamaica, 7 in Saint Kitts and Nevis, 4 in Barbados, and 3 in
Saint Vincent and the Grenadines. However, data were hard to come by and more
transparency was required. In the Caribbean, the death penalty was imposed only after a
trial, but no criminal justice system was perfect, and even advanced judicial systems like
that in the United States of America were now known for the number of innocent persons
who had been sentenced to death.
21.
Ms. Janki highlighted discrimination in the application of the death penalty. Noting
the importance of quality legal representation and the nexus with poverty, she said that the
rich and powerful could hire skilled lawyers to save them from the death penalty or obtain a
not-guilty verdict, whereas the poor were often represented by inexperienced or mediocre
lawyers, or no lawyer at all. It was the poor, the marginalized, the illiterate and those with
psychosocial or intellectual disabilities who were sentenced to death. Persons with
psychosocial or intellectual disabilities needed expert opinion to show why they should not
be sentenced to death, but they did not have access to experts. The illiterate and
undereducated were often terrified of the criminal justice system and unable to understand
what was happening. In Guyana, some citizens did not speak English as a first language and
needed an interpreter, but did not get one.
22.
Ms. Janki noted that even if the criminal justice system were perfect and did not
discriminate, the death penalty should be abolished, as it was barbaric. In her advocacy
against the death penalty, she had found it invaluable to partner with organizations such as
Greater Caribbean for Life, Amnesty International and the Death Penalty Project. Highlevel support was vital to success. Justice Institute Guyana had sent a memorandum on the
death penalty that had been supported by a select group of highly influential lawyers
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