A/HRC/39/39 57. The Human Rights Committee has stated that where measures limit a right protected under the International Covenant on Civil and Political Rights, such as the right to personal liberty, States “must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of Covenant rights” (see CCPR/C/21/Rev.1/Add.13). The InterAmerican Court of Human Rights82 and the European Court of Human Rights 83 have also highlighted the importance of proportionate sentencing. 58. The principle of proportionality is also relevant to pretrial detention, which is mandatory in several States for drug offences. 84 The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has stated that “long periods of pretrial custody contribute to overcrowding in prisons” and that “from the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress” (see CAT/OP/BEN/1). The Committee against Torture has recommended that pretrial detention be used only as a last resort, “for the shortest time possible, and only for the most serious offences” (see CAT/C/54/2). The Inter-American Commission on Human Rights has noted that drug-related offences that are subject to mandatory pretrial detention regimes violate the suspect’s human rights and further inflate prison populations.85 59. A wide range of drug-related offences are punishable by death, in over 30 States. Amnesty International reported that drug-related executions accounted for approximately 30 per cent of all executions recorded in 2017.86 In accordance with article 6 (2) of the International Covenant on Civil and Political Rights, States that have not abolished the death penalty may only impose it for the “most serious crimes”, which has been consistently interpreted as meaning intentional killing. The Human Rights Committee has consistently stated that drug-related offences do not meet the threshold of “most serious crimes” (see CCPR/C/PAK/CO/1, CCPR/C/THA/CO/2 and CCPR/C/KWT/CO/3). The International Narcotics Control Board has encouraged all States that retain the death penalty for drug-related offences to commute death sentences that have already been handed down and to consider the abolition of the death penalty for drug-related offences. 60. In order to meet the requirement of proportionate sentencing, States should revise their penal policies and legislation with the aim of reducing minimum and maximum penalties and decriminalizing the personal use of drugs and minor drug offences, which would also contribute to reducing the total prison population. V. Joint commitments on women, youth, children, vulnerable members of society and communities A. Women 61. In the outcome document of the thirtieth special session, all States committed to identifying and addressing risk factors and conditions that continued to make women and girls vulnerable to exploitation and participation in drug trafficking. 87 States also committed to mainstreaming a gender perspective in — and ensuring the involvement of women at all stages of — the development, implementation, monitoring and evaluation of drug policies and programmes.88 82 83 84 85 86 87 88 12 See www.corteidh.or.cr/docs/casos/articulos/seriec_16_ing.pdf. For example in Dickson v. United Kingdom (application No. 44362/04) and Boulois v. Luxembourg (application No. 37575/04) See www.wola.org/sites/default/files/downloadable/Drug%20Policy/2011/TNIWOLASystems_Overload-def.pdf. See www.oas.org/en/iachr/reports/pdfs/PretrialDetention.pdf. Submission from Amnesty International. Recommendation 4 (d). Recommendation 4 (g).