A/HRC/30/21
pointed to the urgent need to tackle impunity to deter crimes. Impunity was one of the
gravest concerns in many regions of the world. Victims wanted to see that justice was done,
and attention should focus on judicial effectiveness. In other words, the duty of States was
to exercise due diligence: to investigate properly and to ensure that perpetrators could be
identified, arrested and prosecuted. They also recommended that authorities should address
the root causes of crimes effectively. The irreversibility of an execution in itself was an
argument for abolishing the death penalty.
D.
Public opinion and the role of political leaders
30.
Some delegates reported that the death penalty continued to be used in their
countries because of public opinion, which remained in favour of the death penalty for
serious crimes. In that regard, experts and several delegates emphasized that public opinion
was neither definitive nor static. It was likely to change when people were better informed
of the issues. Looking at public opinion on one day did not necessarily reflect the following
day’s majority views. In that regard, a study in a country in the Americas found that 89 per
cent of people supported the death penalty, but when they were informed that innocent
people were sometimes executed, that support fell sharply to 35 per cent.
31.
The role of political leaders was also highlighted. They needed to be better
informed, and must take the lead in changing public opinion. In that regard, experts
provided some examples of how national leaders had influenced public discourse. Although
public opinion in Greece was very much in favour of the death penalty when the former
Greek dictators were sentenced to death in 1974, the Prime Minister decided to impose life
imprisonment instead. That decision turned public opinion against the death penalty and
eventually led to the abolition of the death penalty in Greece. In France, although public
opinion was overwhelmingly in favour of the death penalty in 1981, its abolition decided by
the then President of France led to a change of public opinion. Speakers emphasized that
abolishing the death penalty needed leadership, vision and courage.
E.
Implementation of human rights standards and safeguards
32.
Several delegations emphasized that States that continued to apply the death penalty
must ensure for the individuals concerned the full protection set out in international human
rights instruments, including the International Covenant on Civil and Political Rights, the
Convention on the Rights of the Child and the Economic and Social Council safeguards
guaranteeing protection of the rights of those facing the death penalty. 7 In that regard, some
delegates of retentionist States explained that rights and safeguards were respected in their
countries when imposing the death penalty, including through fair trials; and it was only
used for the “most serious crimes”, as determined by each State taking into account their
unique circumstances. Several delegations expressed concern, however, with regard to the
imposition of the death penalty in violation of fair-trial standards and safeguards in a
number of States across various regions. They deplored the fact that international
safeguards, while universally recognized, were not necessarily implemented. In particular,
they were concerned about: the use of the death penalty for crimes that did not meet the
threshold of “most serious crimes” under international human rights law; mandatory death
penalty provisions in some countries; arbitrary application of the death penalty in secrecy;
the inhuman and degrading conditions of detention for death-row prisoners; the use of
7
The safeguards were approved on 25 May 1984 by the Economic and Social Council in its resolution
1984/50.
9
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