A/HRC/39/19
5.
Various processes to abolish the use of the death penalty were initiated in several States.
In Benin and Burkina Faso, amendments to the constitution were submitted to the National
Assembly which would abolish the death penalty.11 The Guatemala Congress considered a bill
to abolish the death penalty. 12 The African Court on Human and Peoples’ Rights is also
currently considering the merits of a challenge to the consistency of a mandatory penalty
scheme with regional and international human rights standards.13
6.
Further, States made numerous recommendations during the universal periodic review to
States that retain the death penalty. 14 These included recommendations to ratify the Second
Optional Protocol to the Covenant,15 to establish a moratorium,16 to continue efforts towards or
consider abolition 17 and to abolish the death penalty. 18 Some of the recommendations were
“noted”, 19 while, as mentioned below, Sri Lanka supported recommendations to consider
ratifying the Second Optional Protocol20 and to consider abolishing the death penalty.21 Further,
by way of example, Bahrain supported recommendations to restrict the use of the death penalty
to crimes that met the threshold of “most serious crimes” under international law, 22 and
recommendations to continue dialogue at the national level with a view to reaching consensus
to abolish the death penalty enjoyed the support of Tunisia.23
B.
Restrictions on the use and scope of the death penalty or limitations of
its use
7.
In several de facto abolitionist States, as well as in States that continue to apply the death
penalty, some noticeable initiatives restricting its use were recorded during the reporting period.
In Afghanistan, the new Penal Code “significantly reduces the number of crimes for which the
death penalty applies”.24 A committee was established to review death penalty sentences and to
address allegations of egregious human rights violations, in particular, fair trial and due process
concerns such as lack of access to legal representation and forced confessions. 25 The committee
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
Submission by International Federation of Action by Christians for the Abolition of Torture (FIACAT).
Initiative No. 5100.
Johnson v. Ghana, application No. 016/2017.
See www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx.
For example, recommendations by Montenegro, Rwanda and Uruguay to South Sudan (see A/HRC/34/13,
paras. 129.7−129.8) and to the Syrian Arab Republic (see A/HRC/34/5, para. 109.2); by Montenegro,
Rwanda, Turkey and Uruguay to Zimbabwe (see A/HRC/34/8, paras.132.28, 132.47 and 132.49−132.50);
by Uruguay to Uganda (see A/HRC/34/10, para. 117.56); and by Australia, Croatia, Montenegro, Namibia
and Rwanda to Haiti (see A/HRC/34/14, paras. 117.2−117.6).
For example, recommendations by Portugal to the Syrian Arab Republic (see A/HRC/34/5, para. 109.151);
by Australia and Georgia to South Sudan (see A/HRC/34/13, paras. 129.9 and 129.14); by Australia,
France, Portugal, Slovenia and Spain to Zimbabwe (see A/HRC/34/8, paras. 132.84−132.88); and by
Australia, Italy and Portugal to Uganda (see A/HRC/34/10, paras. 117.29, 117.43 and 117.60).
For example, recommendations by the Holy See to South Sudan (see A/HRC/34/13, para. 128.39); by
Ukraine to South Sudan (see A/HRC/34/13, para. 129.15); and by France and Namibia to Uganda (see
A/HRC/34/10, paras. 117.11 and 117.34).
For example, recommendations by Belgium and Uruguay to Zimbabwe (see A/HRC/34/8, paras.
132.82−132.83); and by Iceland, Panama, Paraguay and Uruguay to Uganda (see A/HRC/34/10, paras.
117.26, 117.41−117.42 and 117.55).
For example, by Zimbabwe (see A/HRC/34/8/Add.1, paras. 15−16); South Sudan (see
A/HRC/34/13/Add.1, para. 7); and Haiti (see A/HRC/34/14, paras. 117.2−117.6).
See A/HRC/37/17.
See A/HRC/37/17, paras. 116.53−116.54.
See A/HRC/36/3/Add.1, para. 35.
See A/HRC/36/5, paras. 125.64−124.67.
See https://unama.unmissions.org.
See CAT/C/AFG/CO/2, para, 33; and UA AFG 1/2017
(https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23154).
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