A/HRC/8/11
page 6
II. ENFORCEMENT OF THE DEATH PENALTY
15. According to the available figures, at least 7,208 persons were sentenced to death and at
least 2,843 prisoners were executed during 2006 and 2007.4
III. INTERNATIONAL DEVELOPMENTS
16. On 18 December 2007, the General Assembly adopted resolution 62/149 entitled
“Moratorium on the use of the death penalty”. In the resolution, the Assembly inter alia called on
“all States that still maintain the death penalty … to establish a moratorium on executions with a
view to abolishing the death penalty”. In doing so, it recalled “the important results
accomplished by the former Commission on Human Rights on the question of the death penalty”
and envisaged “that the Human Rights Council could continue to work on this issue”. Under the
terms of the resolution, the Secretary-General is to report to the Assembly at its sixty-third
session on the resolution’s implementation. In a note verbale addressed to the Secretary-General
dated 2 February 2008, the Permanent Missions to the United Nations in New York of
58 member States expressed, inter alia, their “persistent objection to any attempt to impose a
moratorium on the use of the death penalty or its abolition in contravention to existing
stipulations under international law”.5
17. In his report to the sixty-second session of the Commission on Human Rights in
March 2006,6 the Special Rapporteur on extrajudicial, summary or arbitrary executions again
considered the issue of lack of transparency in relation to the death penalty, and its impact on
those facing the death penalty, their families, public debate and effective monitoring. In his
report to the fifth session of the Human Rights Council in March 2008,7 the Special Rapporteur
addressed two aspects of the application of the death penalty. The first was the requirement of
human rights law that the death penalty should be imposed only for the “most serious crimes”,
on which the Special Rapporteur concluded that “the death penalty can only be imposed in cases
where it can be shown that there was an intention to kill which resulted in the loss of life”.
The second aspect was the mandatory imposition of the death penalty, on which the
Special Rapporteur concluded that such a practice risks cruel, inhuman or degrading punishment
and the arbitrary deprivation of life.
18. The Human Rights Committee continues to address the question of the death penalty under
the ICCPR in both concluding observations following examination of State party reports and in
considering individual communications under the First Optional Protocol to the Covenant. In its
4
Amnesty International, “The death penalty worldwide: developments in 2006”
(ACT 50/005/2007), p. 6 and “The death penalty worldwide: developments in 2007”
(ACT 50/002/2008), p. 13.
5
A/62/658.
6
E/CN.4/2006/53 and E/CN.4/2006/53/Add.3.
7
A/HRC/4/20.
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