A/HRC/21/29
59.
In the United States, the North Carolina Racial Justice Act 2009 allows defendants
in death penalty cases, for the first time, to use statistical evidence to show systemic bias in
the imposition of the death penalty. If a defendant successfully proves that race was a
significant factor in decisions to seek or impose the death penalty at the time of his or her
trial, the court is required to convert that sentence to life in prison. In April 2012, a North
Carolina judge found statistical evidence of racial bias in a death penalty case, commuting
the death sentence of Marcus Robinson to life without parole. The Court concluded that
“race was a materially, practically and statistically significant factor” in the decision to
exercise peremptory challenges during jury selection” and “in the decision of prosecutors”
at various stages of the trial of Mr. Robinson from 1990 to 2010.56
VI. Conclusions and recommendations
60.
Developments in the practice of States with respect to the death penalty clearly
indicate a growing trend towards abolition. Over the past few decades, the balance
has shifted between a substantial majority of States that maintained the death penalty
to these States becoming a minority. Furthermore, it may be noted that States that
have abolished the death penalty or are moving towards abolition represent different
legal systems, traditions, cultures and religious backgrounds.
61.
The development of international legal standards and jurisprudence in relation
to the death penalty has also continued. International and regional human rights
instruments strictly limit the application of the death penalty or aims to abolish it.
While article 6 of the International Covenant on Civil and Political Rights permits the
use of the death penalty in limited circumstances, it also provides that “nothing in this
article shall be invoked to delay or to prevent the abolition of capital punishment by
any State Party to the present Covenant” (para. 6). The Second Optional Protocol to
the Covenant aiming to abolish the death penalty was adopted in 1989. In the
international criminal law context, the statutes of international and hybrid criminal
tribunals established or supported by the United Nations for the former Yugoslavia,
Rwanda, Sierra Leone, Cambodia and Lebanon all exclude the death penalty as a
possible sentence for relevant crimes. Similarly, in accordance with the Rome Statute
of the International Criminal Court the death penalty shall not be imposed by the
Court, a fact that is often cited as evidence of a trend towards universal abolition of
capital punishment.
62.
Some States, however, still retain the death penalty in law. A smaller number
thereof continue to impose it, and thousands of individuals are still executed each
year. In some cases, children under 18 at the time of the alleged offence and
individuals belonging to vulnerable groups, including racial, national, religious, ethnic
and sexual minorities, are executed in violation of international human rights law.
63.
For States that maintain the death penalty, the standards to safeguard the
rights of those sentenced to death are of crucial importance in ensuring that the
punishment is carried out in a manner consistent with their international legal
obligations.
56
16
State v. Robinson, Order granting motion for appropriate relief, in the General Court of Justice,
Superior Court Division, 20 April 2012.
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