A/HRC/25/33
24.
Some delegations also emphasized that, if a parent was exonerated and released, or
their death sentence was commuted to a term of imprisonment, children and their families
required support, as they might experience difficulties in adjusting to the new situation.
D.
Information and access
25.
During the discussion, several delegations underlined the challenges faced by
families and children with regard to access to and information on individuals sentenced to
the death penalty. It was highlighted that, in some cases, executions were carried out
without giving the relatives advance notice of the date and time of execution; and the
authorities did not return the remains of the executed to their families. In some instances,
despite legal requirements, families were not given an opportunity for a final visit or to
receive the body and effects of their relative after executions. In that regard, it was
emphasized that the Human Rights Committee,4 the Committee against Torture,5 the
Special Rapporteur on extrajudicial, summary or arbitrary executions6 and the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment had
expressed concerns about the lack of transparency surrounding executions.7
26.
It was emphasized that States must also ensure that family members could visit the
person sentenced to death, and that age-appropriate information and assistance should be
provided to children to help them understand the situation. Relevant information, including
the date and time of the execution and place of burial, should always be made available
either to the child or to the supporting carer. Families needed to be given warning of the
date of executions, allowed a final visit, and given information regarding the place of
burial, so that children and families could complete their grieving process. Various
delegations also emphasized that States must ensure the right of family to receive the body
of the executed person, especially where the sentence was carried out in another country.
27.
Some delegations emphasized that the child’s right to physical access to their
parents or to access information should be fully respected and protected, as provided in
article 9 of the Convention on the Rights of the Child, as well as in Council resolution
19/37; as should the right to have physical contact with parents as long as it did not conflict
with the best interests of the child. Some delegations also recommended enhancing possible
physical and written communication between parents and their children, and increasing the
information available on the status and whereabouts of the parent.
28.
Recalling General Assembly resolution 67/176 on moratorium on the use of the
death penalty, some delegations called upon States to make available all relevant
information on their use of capital punishment.8
4
5
6
7
8
See Communication No. 886/1999, Schedko v. Belarus, Views adopted on 3 April 2003, and
communication No. 887/1999, Staselovich v. Belarus, Views adopted on 3 April 2003, Official
Records of the General Assembly, Fifty-eighth Session, Supplement No. 40, vol. II (A/58/40 (Vol. II));
see also its concluding observations on Japan, CCPR/C/79/Add.102, para. 21.
See its concluding observations on Belarus, CAT/C/BLR/CO/4, para. 27; see also its concluding
observations on Mongolia, CAT/C/MNG/CO/1, para. 19.
Report on extrajudicial, summary or arbitrary executions, E/CN.4/2005/7, para. 57.
Interim report, A/67/279, paras. 40 and 52; see also the report on a mission to Uzbekistan,
E/CN.4/2003/68/Add.2, para. 65.
Paragraph 4 (b) of that resolution called upon States “to make available relevant information with
regard to their use of the death penalty, inter alia, the number of persons sentenced to death, the
number of persons on death row and the number of executions carried out, which can contribute to
9
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