A/HRC/41/36/Add.1
25.
The Special Rapporteur also took up cases of excessive use of force, which frequently
concern the management of assemblies, 8 and particularly the use of firearms against
protestors. The Special Rapporteur recalls the importance of the Code of Conduct for Law
Enforcement Officials and Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials in this context. She recalls in particular that intentional lethal use can
only be resorted to when it is strictly unavoidable in order to protect life. She further
highlights that, with regard to assemblies, the use of force by law enforcement officials
should be exceptional, and assemblies should ordinarily be managed with no resort to force
(A/HRC/31/66).
26.
During the reporting period, the Special Rapporteur also sent communications to eight
non-State actors directly raising allegations of human rights violations related to attacks or
killings, deaths in custody, death threats, death penalty safeguards, due diligence/impunity
and excessive use of force.
1.5
Groups addressed by communications
27.
The graph below indicates the groups of people addressed in the communications sent
by the Special Rapporteur by numbers of communications sent.
28.
Over a quarter of communications addressed issues related to human rights defenders
and freedom of opinion and expression; and were sent in conjunction with the Special
Rapporteur on the situation of human rights defenders and the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression. The Special
Rapporteur continues to raise awareness about the importance of protecting the right to life
of human rights defenders, journalists, bloggers and writers.
29.
The Special Rapporteur reiterates her serious concern in relation with a number of
submissions received and cases taken up concerned children. Many of these related to
individuals who have been sentenced to death or executed for alleged crimes committed as
children.9 Other communications concerned attacks or killings and excessive use of force
against children.
30.
Eight communications concerned migrants, including women. Violations of the right
to life of asylum seekers, refugees and migrants constitutes a crisis, characterized by mass
casualties globally, a regime of impunity for its perpetrators and an overall tolerance for its
fatalities, which needs urgent action. The Special Rapporteur calls on States,
intergovernmental organizations and other actors to implement the recommendations in her
report on the subject (A/72/335).
C.
Observations on the death penalty and communications transmitted to
States concerning alleged violations of safeguards (tabulation B)
31.
Because of the urgency of the cases brought to her attention, the Special Rapporteur
sends many communications concerning possible instances of the unlawful application of the
death penalty. During the reporting period, the Special Rapporteur sent 33 communications
on the death penalty to 26 States. Of these, 16 communications focused on named included
individual cases.
32.
In its resolution 35/15, the Human Rights Council requested the Special Rapporteur
in carrying out her mandate “[t]o continue to monitor the implementation of existing
international standards on safeguards and restrictions relating to the imposition of capital
punishment, bearing in mind the comments made by the Human Rights Committee in its
interpretation of article 6 of the International Covenant on Civil and Political Rights, as well
as the Second Optional Protocol thereto.” In this respect, the Special Rapporteur has included
8
9
12
An “assembly”, generally understood, is an intentional and temporary gathering in a private or public
space for a specific purpose, and can take the form of demonstrations, meetings, strikes, processions,
rallies or sit-ins with the purpose of voicing grievances and aspirations or facilitating celebrations (see
A/HRC/20/27, para. 24, and A/HRC/31/66, para. 19).
See paragraph 42 below.
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