A/HRC/8/11
page 4
A. Countries which have abolished the death penalty for all crimes
4.
In June 2006 the Philippines abolished the death penalty for all crimes, after having
reinstated it in 1994. In 2007 the Cook Islands, Rwanda and Kyrgyzstan abolished the death
penalty for all crimes. In 2007, Albania ratified Protocol No. 13 to the European Convention on
Human Rights, abolishing the death penalty in all circumstances. In 2000 it had ratified
Protocol No. 6 to the European Convention, abolishing the death penalty for peacetime offences.
Uzbekistan abolished the death penalty for all crimes effective from 1 January 2008. In addition,
in 2006 both Georgia and Moldova removed from their constitutions provisions allowing for the
application of the death penalty.
5.
In December 2006 the Constitutional Court of South Africa ruled that the process of
substituting all death sentences in the country with alternative sentences had been completed.
B. Countries which have abolished the death penalty for ordinary crimes
6.
No countries abolished the death penalty for only ordinary crimes during the reporting
period.
C. Countries which have restricted the scope of the death penalty
or are limiting its use
7.
An amendment of 21 May 2007 to the Constitution of the Republic of Kazakhstan
abolished the death penalty in all cases save for acts of terrorism entailing loss of life and for
especially grave crimes committed in wartime. In August 2006, draft legislation was prepared in
Jordan which will reduce the number of crimes that carry the death sentence, including
drug-related offences, possession of illegal firearms and explosives. In May 2006 the
Judicial Committee of the Privy Council in the United Kingdom decided in the case of
Forrester Bowe v. The Queen that the mandatory imposition of the death sentence in the
Bahamas was in breach of international human rights guarantees. In November 2006 the
Caribbean Court of Justice found illegal the decision by Barbados to issue execution warrants
while a review by the Inter-American Commission for Human Rights was pending.
D. Countries which have ratified international instruments that
provide for the abolition of the death penalty
8.
There are one international and three regional instruments in force which commit States
parties to abolishing the death penalty: the Second Optional Protocol to the International
Covenant on Civil and Political Rights (ICCPR); Protocol No. 6 to the European Convention on
Human Rights (ECHR); Protocol No. 13 to the ECHR; and the Protocol to the American
Convention on Human Rights (ACHR) to Abolish the Death Penalty. Protocol No. 6 to the
ECHR concerns the abolition of the death penalty in peacetime. The Second Optional Protocol to
the ICCPR and the Protocol to the ACHR provide for the total abolition of the death penalty, but
allow States wishing to do so to retain the death penalty in wartime, if they make a reservation to
that effect upon ratification. Protocol No. 13 concerns the abolition of the death penalty in all
circumstances, including for acts committed in times of war and of imminent threat of war.
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