A/HRC/30/21
A.
Importance of regional and intergovernmental bodies for advancing the
abolition of the death penalty
22.
Several delegates emphasized the potential of regional instruments to act as catalysts
for change on the ground. They could play a role in prohibiting the trade of drugs used for
executions, as well as the supply of technical assistance relating to such drugs. Some
delegates also emphasized that subregional mechanisms and intergovernmental bodies
could be instrumental in advancing the abolition of the death penalty. The Community of
Portuguese-speaking countries indicated that the abolition of the death penalty reinforced
security and the continuous development and consolidation of human rights. In 2003, the
Council of Ministers of the Community adopted a resolution on human rights and the
abolition of the death penalty, which contained the commitment of its members to work
towards the universal abolition of the death penalty and other cruel, inhuman or degrading
treatment or punishment. That commitment had been renewed in 2013 through the adoption
of a resolution on the promotion and protection of human rights in the Community. The
commitment of the International Organization of la Francophonie to the abolition of the
death penalty was expressed in its awareness-raising activities for different francophone
networks of lawyers, judges, constitutional courts and national human rights institutions.
B.
General remarks on the use of the death penalty
23.
Many delegations stated their opposition to the death penalty and held that the death
penalty constituted a violation of human rights, in particular the right to life. One delegation
quoted Martin Luther King, Jr., who said that: “Darkness cannot drive out darkness.” 6
Several States said that the right to life was enshrined in their national constitutions,
prohibited the imposition and implementation of executions, and that the protection of that
right was any State’s duty. Other delegations pointed out that it was critical for States to
interpret the right to life broadly.
24.
Several States explained that they opposed the death penalty because it violated the
dignity of the condemned, as well as the dignity of humanity as a whole. They asserted that
the final and cruel nature of capital punishment was per se incompatible with the right to
life. They emphasized that the abolition of the death penalty contributed to the progressive
development and consolidation of human rights. Some delegates observed that rational
arguments in favour of abolition included the lack of evidence that the death penalty
deterred crimes; in practice it discriminated between those who could afford, and those who
could not afford, a good defence in a judicial system; and it carried the risk of killing
innocent people, which could not be tolerated in a civilized society. Several delegates also
labelled the death penalty one of the worst forms of cruel, inhuman, and degrading
punishment.
25.
Some States stressed that there was no international consensus on the abolition of
the death penalty. They observed that every State had the inalienable sovereign right to
decide about its legal and criminal justice system, without interference by other States.
Accordingly, the question of whether to retain or abolish the death penalty and the types of
crimes for which the death penalty was applied should be determined by each country,
taking into account the circumstances and threats unique to their societies. Those arguments
were, however, rejected by other States, with some labelling the death penalty a failure of
justice. Several experts and delegates stated that the process towards the abolition of the
6
Martin Luther King Jr., A Testament of Hope: The Essential Writings and Speeches of Martin Luther
King, Jr. (1986).
7
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