A/HRC/21/29
IV. Application of the safeguards guaranteeing protection of the
rights of those facing the death penalty
23.
The standards that seek to protect the rights of those facing the death penalty are set
out in international human rights law, in particular in article 6 of the Covenant on Civil and
Political Rights and article 37 (a) of the Convention on the Rights of the Child.
Furthermore, in an annex to its resolution 1984/50, the Economic and Social Council set
out the minimum international standards that provide safeguards for guaranteeing
protection of the rights of those facing the death penalty. The Economic and Social
Council, in its resolution 1996/15, called upon Member States in which the death penalty
had not been abolished to effectively apply these safeguards guaranteeing protection of the
rights of those facing the death penalty. The Commission on Human Rights, in its
resolution 2005/59, reaffirmed the importance of the safeguards, as did the General
Assembly in its resolutions 62/149, 63/168 and 65/206.
Restriction of use of the death penalty to “most serious crimes”
A.
24.
In accordance with article 6, paragraph 2, of the Covenant on Civil and Political
Rights, in States that have not abolished the death penalty, it may only be imposed for the
“most serious crimes” (A/63/293, para. 32; and for discussion on “most serious crimes”),
that is, intentional crimes with lethal or other extremely grave consequences. The
application of this safeguard in recent years has focused on the use of the death penalty for
crimes that are not intentional and that do not have lethal or other extremely grave
consequences. In particular, imposing the death penalty for drug-related offences is in
violation of article 6, paragraph 2, and the safeguards guaranteeing protection of the rights
of those facing the death penalty. 17
25.
Harm Reduction International reported that there are currently 32 States or territories
that prescribe the death penalty for drug-related offences.18 It further reported that hundreds
of people are known to have been executed for drug-related offences in 2011 and early
2012. In the Islamic Republic of Iran, a new anti-narcotics law came into force in 2011,
which expands the application of the death penalty to new drug-related offences, including
through increasing the range of prohibited substances. In a press statement on 22 September
2011, a number of special rapporteurs of the Human Rights Council condemned the
continuing execution of persons charged with drug-related offences, stressing that these do
not amount to the most serious crimes for which the death penalty may be applied under
international law.19 The Special Rapporteur on the situation of human rights in the Islamic
Republic of Iran has reported that there were 670 executions in Iran in 2011, of which 81
per cent were of drug offenders, including people believed to be children under 18 at the
time the offence was committed (A/HRC/19/66, paras. 20–21).20 A total of 51 alleged drug
17
18
19
20
See Human Rights Committee, concluding observations: Thailand, CCPR/CO/84/THA, para. 14;
concluding observations: Sudan, CCPR/C/SDN/CO/3, para. 19. See also Economic and Social
Council resolution 1984/50; General Assembly (resolution 39/118.
Harm Reduction International, supplementary submission on the question of the death penalty to the
Office of the High Commissioner for Human Rights, 28 March 2012.
Special Rapporteur on extrajudicial, summary or arbitrary executions, Special Rapporteur on the
situation of human rights in the Islamic Republic of Iran, Special Rapporteur on the independence of
judges and lawyers, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment.
Also written updated submission of Harm Reduction International, May 2012; see also Amnesty
International, Addicted to death: Executions for drugs offences in Iran (London, 2011).
7
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