A/HRC/30/21
unregulated substances in the formulas of lethal injections; public executions; the increase
in the number of executions in certain countries; the expansion of the range of categories of
crime punishable by the death penalty in some countries; the use of the death penalty
against children, persons with disabilities and other groups at particular risk; the resumption
of executions after decades of de-facto moratoriums in some States; and the failure to
prevent miscarriages of justice. Some delegations also highlighted the need to discuss social
and economic implications of capital punishment.
33.
Some delegates were concerned that persons accused of capital crimes did not often
benefit from the assistance of qualified interpreters. In addition, many had no access to a
lawyer and effective representation and no meaningful legal aid frameworks were in place.
In many countries, the judiciary was not independent, followed unfair and inconsistent
sentencing practices and failed to consider mitigating factors. The fact that special courts
were sometimes allowed to impose the death penalty, the lack of records of proceedings,
and the lack of proper notice regarding the time and date of executions were also
worrisome.
34.
Several delegates were concerned that some retentionist States had expanded the
categories of crimes for which the death penalty might, or in some cases must apply, and
that some of those crimes did not meet the threshold of “most serious crimes” under
international human rights law. They also pointed out that in some States, the majority of
death sentences handed down and executions carried out were for drug-related offences in
violation of international human rights law as such crimes did not meet the threshold of
“most serious crimes”. In that context, it was remarked that the forthcoming special session
of the General Assembly on the world drug problem, to be held in 2016, would offer
opportunities to discuss international cooperation on alternative approaches to combating
the illegal trafficking of narcotic drugs.
35.
Furthermore, several delegates observed that capital punishment did not serve any
deterrent purpose in combating terrorism, and deplored that some States expanded the use
of the death penalty for crimes relating to terrorism. Expressing deep concern about
atrocities committed by the Islamic State in Iraq and the Levant or by other terrorist groups
in different parts of the world, they emphasized that all efforts must be made to counter
terrorism and hold perpetrators accountable, but any measures to counter those threats
needed to be consistent with the common values of justice and human rights. Legislation
that included a vague definition of terrorism contravened human rights. They also said the
death penalty clearly did not deter persons from committing terrorist acts as being executed
transformed them into martyrs.
36.
Several delegates were concerned about the lack of respect for the rights of persons
facing the death penalty outside their country. In that regard, the panel was informed that
Argentina had submitted a habeas petition in the State of Texas in the United States
regarding flagrant violations of the rights of an Argentinian on death row since 1996.
37.
Several delegations pointed out that a small number of countries continued to apply
the death penalty at an alarming rate. For instance, it was remarked that at least 753
individuals were reportedly executed in 2014 in the Islamic Republic of Iran
(A/HRC/28/70, para. 13). Delegates also expressed concerns that countries from various
regions, such as Afghanistan, the Gambia, India, Indonesia, Japan, Jordan, Pakistan and
Papua New Guinea, had recently ended long-standing moratoriums or resumed executions.
Several speakers said that those developments showed the need to pursue and reinforce the
determination to end the death penalty.
38.
With reference to views of scholars from the Muslim world, it was stated, that, based
on the Islamic principles of pardon, redemption, mercy and forgiveness, the death penalty
was incompatible with Islam. The death penalty failed to meet key criteria or objectives of
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