A/HRC/38/44/Add.3
IV. Tabulation (B) of cases transmitted to States concerning
alleged violations of death penalty safeguards
48.
Because of the urgency of the cases brought to his attention, the Special Rapporteur
sends many communications concerning the unlawful application of the death penalty.
49.
In its resolution 17/5, the Human Rights Council requested the Special Rapporteur
in carrying out his mandate “[t]o continue to monitor the implementation of existing
international standards on safeguards and restrictions relating to the imposition of capital
punishment, bearing in mind the comments made by the Human Rights Committee in its
interpretation of article 6 of the International Covenant on Civil and Political Rights, as
well as the Second Optional Protocol thereto;”. In this respect, the Special Rapporteur has
included the following table on the status of individuals who were the subject of concern
with regard to the application of the death penalty in the present report. He urges all
concerned States to provide updated information on the status of the subjects of these
urgent appeals.
50.
Tabulation (B) provides details on the 31 cases transmitted to Governments with
regards to alleged violations of death penalty safeguards, including identity of the
individuals concerned, the charges brought against them, the alleged violations of death
penalty safeguards, and an update on the current situation of those individuals (whether
executions had taken place or not). All death penalty communications are the objects of
follow-up to the extent possible. The Special Rapporteur expresses her continued gratitude
to various civil society and advocacy organizations that monitor whether an individual has
been executed..
Violations alleged
51.
In Tabulation (B) of cases transmitted to States concerning alleged violations of
death penalty safeguards, the violations are classified into the following categories:
(a)
Fair trial concerns in judicial procedures leading to the imposition of the
death penalty;
(b)
The imposition of the death penalty for crimes that do not meet the threshold
of “most serious crimes”;
(c)
Extraction of confession under torture;
(d)
Sentencing to death or execution of an individual who was a child at time of
alleged offense Child at time of offense;
(e)
Execution or sentencing to death of a person with intellectual or psychosocial
disability (“DP against individual with disability”);
(f)
Use or proposed use of a method of execution which violates human rights
standards (“method of execution”);
(g)
Concerns about a legislative or policy framework in relation to the death
penalty (“Legislation”)..
28
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