A/HRC/39/19 32. In 2016, the High Commissioner expressed serious concern at the creation of a committee in Iraq tasked with making recommendations to accelerate implementation of death sentences.120 Given the current environment in Iraq, he noted that “innocent people have been and may continue to be convicted and executed, resulting in gross, irreversible miscarriages of justice”.121 D. Right to seek pardon or commutation 33. According to article 6 (4) of the Covenant, States parties are required to allow individuals sentenced to death to seek pardon or commutation and to ensure that amnesties, pardons and commutations can be granted to them, in appropriate circumstances. 34. During the reporting period, several courts clarified the process by which to seek pardon or commutation. The Privy Council held that individuals in St. Vincent and the Grenadines must have an opportunity to make individual representations when their sentences were considered for a pardon or commutation and that they were entitled to a review in which the appropriate substitute sentences could be considered in the light of their individual circumstances.122 The Trinidad and Tobago Court of Appeal found that the court should impose whichever sentence it found appropriate in the circumstances and that the full range of sentencing options were available in resentencing in every case. It also held that “there is no logical reason why the sentence of life imprisonment should be imposed carte blanche upon every person who has their sentence [of death] commuted. That is inherently arbitrary and potentially disproportionate.”123 35. Commutations and pardons were granted during the reporting period, including in Antigua and Barbuda and the Bahamas, where the death sentences of the last remaining people on death row were commuted.124 In October 2016, in Kenya, the President commuted all death sentences (2,747 inmates) to life sentences.125 In Malaysia, the Pardons Board commuted one death sentence to life imprisonment in January 2017.126 In February 2017, the President of Sri Lanka commuted the death sentences of 60 prisoners to life in prison.127 In December 2017, the President of the United Republic of Tanzania reportedly pardoned 61 death row inmates.128 In February 2018, the President of Benin issued a decree commuting the death sentences of 14 death row prisoners to life imprisonment.129 36. Nevertheless, some individuals were denied their rights to seek pardon or commutation, including in the Islamic Republic of Iran and Malaysia. In March 2017, OHCHR condemned executions of inmates carried out in Malaysia despite the pending decision by the Pardons Board on their clemency petition and allegations that their trial had not met international 118 119 120 121 122 123 124 125 126 127 128 129 12 UA SAU 1/2018 (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23639). See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20865&LangID=E. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20324&LangID=E. Ibid. Lendore & others v. The State (2017). Civil Appeal No.177 of 2010, Boodram v. Attorney-General of Trinidad and Tobago, 8 March 2018. See www.amnesty.org/download/Documents/ACT5057402017ENGLISH.PDF, p. 9. See www.president.go.ke/2016/10/24/death-row-convicts-get-a-reprieve/. Submission by Death Penalty Project. Submission by Human Rights Commission of Sri Lanka; see also www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF, p. 26. See www.humanrights.or.tz/assets/images/upload/files/LHRC%20THRR%202017(2).pdf, p. 26; and www.thecitizen.co.tz/News/Magufuli-grants-presidential-amnesty-to-61-death-row-inmates-/18403404221150-x6ea2c/index.html. Decree N 08/2018/PR/SGG/CM/OJ/ORD.