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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