A/HRC/8/11
page 7
concluding observations adopted during the relevant period, the Committee expressed its
concern to one State party that its Criminal Code listed a large number of crimes punishable by
death, including stealing cattle, but took assurance in the fact that in practice the sentences
imposed are automatically commuted to life imprisonment.8 It welcomed the abolition of the
death penalty in two State parties.9 It expressed its concern to one State party about a law which
permits limitation of the length of time granted to condemned prisoners, including those
sentenced to death, to appeal to, or to consult external bodies (such as the Committee itself). In
addition, while taking note that the death penalty had not been applied for 24 years, it remained
concerned about the mandatory nature of the death penalty in respect of certain crimes.10 To one
State party, the Committee noted with appreciation the de facto moratorium on executions and
the commutation to imprisonment of many death sentences, but remained concerned at the high
level of persons remaining on death row. It also reiterated its view that aggravated robbery with
the use of a firearm, is not a most serious crime under article 6, paragraph 2, for which the death
penalty may be imposed.11 The Committee stated that the death penalty for embezzlement by
officials, robbery with violence and drug trafficking, as well as practices which should not be
criminalized, such as committing a homosexual act and illicit sex, is incompatible with article 6.
It also expressed its concern that the death penalty can be imposed on minors.12
19. The Committee expressed its concern that under the current legislation of one State party
the death penalty can be applied for offences which are vague and broadly defined and which
cannot necessarily be characterized as the most serious crimes under article 6, paragraph 2.13 It
noted with satisfaction the progress that two State parties had made towards the abolition of the
death penalty, in one case, by reducing the number of crimes punishable by death and in both
cases by commuting the sentences of some prisoners. However, it also expressed its concern that
some individuals do not automatically benefit from commutation and that in the latter case the
authorities take into account the length of time a convict has spent on death row in taking a
decision on commutation.14 It expressed its regret to one State party that it intended to retain the
death penalty, as well as its concern with the practice of the secrecy of execution dates, and the
8
CCPR/C/MDG/CO/3, Madagascar, 23 March 2007.
9
CCPR/C/CHL/CO/5, Chile, 26 March 2007 and CCPR/C/CRI/CO/5, Costa Rica,
1 November 2007.
10
CCPR/C/BRB/CO/3, Barbados, 29 March 2007.
11
CCPR/C/ZMB/CO/3, Zambia, 20 July 2007.
12
CCPR/C/SDN/CO/3, Sudan, 26 July 2007.
13
CCPR/C/LBY/CO/4, Libyan Arab Jamahiriya, 30 October 2007.
14
CCPR/C/DZA/CO/3, Algeria, 12 December 2007, and CCPR/C/TUN/CO/5, Tunisia,
28 March 2008.
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