A/HRC/21/29
without adequate legal safeguards under articles 6 and 14 of the Covenant on Civil and
Political Rights (CCPR/C/ETH/CO/1, para. 19). With regard to the situation in Belarus, the
Committee against Torture stated its deep concern at reports that some death row prisoners
were not provided with fundamental legal safeguards (CAT/C/BLR/CO/4, para. 27). In the
light of the continued existence of the death penalty in Saint Vincent and the Grenadines,
the Human Rights Committee recommended that, in relation to all persons accused of
capital offences, the State party should ensure that every article 6 requirement was strictly
complied with and that the assistance of counsel, through legal aid as necessary, be
provided immediately on arrest and throughout all subsequent proceedings to persons
accused of serious crimes, in particular in cases concerning offences carrying the death
penalty (CCPR/C/VCT/CO/2, para. 6).
33.
The United Nations High Commissioner for Human Rights has expressed concerns
with regard to the lack of a fair trial in death penalty cases in a number of States. For
instance, in January 2012, the High Commissioner expressed her concerns at reports that 34
individuals, including two women, were executed in Iraq on 19 January following their
conviction for various crimes. She expressed particular concern regarding “the lack of
transparency in court proceedings, major concerns about due process and fairness of trials,
and the very wide range of offences for which the death penalty can be imposed in Iraq”.34
In April 2012, the Office of the United Nations High Commissioner for Human Rights
(OHCHR) expressed serious concerns that the de facto authorities in Gaza in the Occupied
Palestinian Territory continued to issue death sentences and carry out executions, especially
since many of the death sentences were handed down by military courts against civilians,
and the use of military tribunals to try civilians in Gaza seriously undermined fair trial
guarantees.35
34.
In April 2012, United States officials announced that Khalid Sheik Mohammed and
his four co-defendants would face the death penalty for their alleged role in planning the
9/11 attacks. The American Civil Liberties Union commented that the United States Federal
Government’s decision to seek the death penalty in military commissions at Guantánamo
Bay against numerous defendants accused of terrorism rather than in federal courts raised
concerns under international law.36
35.
In Bahrain, the Court of Cassation, in a decision adopted on 9 January 2012,
overturned the death sentences of the people who were convicted for alleged killings during
the protests in February and March 2011. Reportedly, these sentences had been imposed
after grossly unfair trials before a military court – the National Safety Court – set up under
emergency rule.37
36.
The Anti-Death Penalty Asia Network reported that in many countries in Asia,
specifically in death penalty cases, the right to a fair trial was impeded by laws which
denied due process. Even in countries where due process safeguards existed in principle,
including in specific laws, they often did not apply in practice.38 The International
Commission against the Death Penalty also expressed its concerns regarding the imposition
34
35
36
37
38
10
“Pillay condemns Iraq’s execution of 34 individuals in a single day”.
“Press briefing notes on Gaza and Belarus”, 20 April 2012. Available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12071&LangID=E.
See Devon Chaffee, “Report from Guantánamo Hearings: When Due Process is a Matter of Life and
Death”, 19 January 2012. Available from www.aclu.org/blog/national-security/report-guantanamohearings-when-due-process-matter-life-and-death.
Report of the Bahrain Independent Commission of Inquiry, para. 985. Available from
www.bici.org.bh/BICIreportEN.pdf.
See Anti-Death Penalty Asia Network, When Justice Fails.
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