A/HRC/39/19 term sentences, resulting in the immediate release of one individual.101 Since 2015, courts in Malawi have conducted resentencing hearings for prisoners who had received mandatory death sentences prior to the striking down of the mandatory death penalty, 102 and none were resentenced to death.103 Furthermore, when resentencing prisoners who were children at the time of the offence, the Malawi High Court held that the imposition of the death penalty on such a child is a breach of constitutional rights so grave that the appropriate remedy is immediate release.104 C. Fair trial guarantees 29. The imposition of a death sentence upon the conclusion of a trial in which the provisions of article 14 of the Covenant have not been respected constitutes a violation of the right to life. 105 This might involve the use of forced confessions, 106 lack of effective representation during all stages of the criminal proceedings 107 and failure to respect the presumption of innocence.108 30. A number of States provided information regarding legal guarantees and safeguards in their respective jurisdictions which are particularly important in death penalty cases. 109 In China, the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security issued “provisions on several issues concerning the strict exclusion of illegally obtained evidence in handling criminal cases”.110 The provisions aim at clarifying criteria for exclusion of illegally obtained evidence in criminal proceedings and grant defence lawyers the possibility of challenging the legality of the evidence. Other developments were aimed at strengthening scrutiny and accountability of actions by law enforcement, judges and prosecutors. 111 The Judicial Committee of the Privy Council struck down a legal provision which excluded death row prisoners in St. Vincent and the Grenadines from applying for an extension of time to have their cases reviewed by a higher court, on the grounds that such a provision was a denial of due process for death row prisoners and unconstitutional.112 31. During the reporting period, the High Commissioner and special procedure mandate holders expressed concern over the lack of fair trial in certain death penalty cases in Bangladesh, 113 Egypt, 114 the Islamic Republic of Iran, 115 Iraq,116 the Sudan, 117 Saudi Arabia 118 and the United States.119 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 The Queen v. Cornwall, case No. 50 of 1995, September 2016. Kafantayeni and others v. The Attorney General of Malawi (2007). Submissions by Cornell Law School-Reprieve and Death Penalty Project. Submission from Reprieve, referring to Republic v. Limbikani Wilson Mtambo (Sentence Rehearing Cause No. 20 of 2015) (unreported). See Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, para. 59; and CCPR/C/86/D/1044/2002. See CCPR/C/102/D/1545/2007, para. 6.2. See CCPR/C/89/D/1043/2002, paras. 7.4−7.5. See CCPR/C/106/D/2120/2011, para. 11.4. Cuba, Egypt, Iraq, Jordan, Kenya, Malaysia, Morocco and Pakistan. See http://en.pkulaw.cn/display.aspx?cgid=297059&lib=law. See www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF, p. 21. Lovelace v. The Queen (2017). See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20403&LangID=E; and www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19796&LangID=E. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22613. See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23208&LangID=E; and www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22556&LangID=E. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22452&LangID=E. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23101&LangID=E. 11