A/HRC/39/19
and accurate data was vital to policymakers, civil society and the general public. He concluded
that secrecy around executions undermined the debate around the death penalty and obstructed
efforts to safeguard the right to life.65
17.
It is difficult to obtain up-to-date and accurate global figures on the application of the
death penalty. Belarus, China and Viet Nam continue to classify data on the use of the death
penalty as a State secret.66 Information regarding the date of executions is reportedly withheld
from family members and lawyers of death row prisoners, notably in Belarus67 and Japan. 68
Obtaining data in countries affected by conflict is a further challenge. The Office of the United
Nations High Commissioner for Human Rights (OHCHR) continued to express concern that
despite regular requests for information on the use of the death penalty in Iraq, information was
not available.69
IV. Safeguards guaranteeing the protection of the rights
of those facing the death penalty
18.
The Human Rights Committee continued its consideration of a draft general comment on
article 6 of the International Covenant on Civil and Political Rights,70 addressing notably the
meaning of “most serious crimes”, the prohibition on mandatory death sentences, methods of
execution, deportation and extradition, fair trial guarantees, the right to consular notification,
and protection of juveniles, persons with disabilities and pregnant women.71 In resolution 36/17,
the Human Rights Council reaffirmed the safeguards guaranteeing the protection of persons
facing the death penalty, which are the internationally recognized minimum standards to be
observed by States that continue to impose capital punishment.72
Restriction of the use of the death penalty to the “most serious crimes”
A.
19.
According to article 6 of the Covenant, States parties that have not yet abolished the
death penalty should only impose it for the “most serious crimes”, which has been consistently
interpreted as meaning intentional killing.73
20.
During the reporting period, the death sentence was reportedly imposed for offences that
did not meet the threshold of “most serious crimes”, including drug-related offences,74 spying,75
65
66
67
68
69
70
71
72
73
74
75
8
See www.un.org/sg/en/content/sg/statement/2017-10-10/secretary-generals-remarks-panel%E2%80%9Ctransparency-and-death-penalty%E2%80%9D.
See www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF, p. 4;
www.amnesty.org/download/Documents/ASA1758492017ENGLISH.PDF; and
www.hri.global/files/2018/03/06/HRI-Death-Penalty-Report-2018.pdf, pp. 25 and 29.
See CAT/C/BLR/CO/5, para. 55. See also A/HRC/38/51, para. 78: “The secrecy surrounding executions,
and the fact that no details of executions or of places of burial are given to the families also amount to
torture.”
See CCPR/C/JPN/CO/6, para. 13; and CCPR/C/JPN/CO/5, para. 16.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22166&LangID=E.
See www.ohchr.org/EN/HRBodies/CCPR/Pages/GC36-Article6Righttolife.aspx.
No countries appear to allow the execution of pregnant women, and there are no reports of any such
executions in modern times (see E/2015/49, para. 80). State submissions highlighted additional provisions
in place with regard to women (e.g., Kazakhstan and Morocco).
Economic and Social Council resolution 1984/50; see also E/2015/49, para. 60.
See CCPR/C/LBN/CO/3, para. 22; CCPR/C/48/D/470/1991; and A/67/275, para. 66.
See A/73/260 and A/HRC/39/39.
For example, Saudi Arabia
(www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22829&LangID=E).
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