A/HRC/39/19
11.
Given the irreversible nature of the death penalty, death sentences should not be carried
out as long as international interim measures requiring a stay of execution are in place. The
Human Rights Committee noted, in paragraph 19 of general comment No. 33 (2009) on the
obligations of States parties under the Optional Protocol, that, for countries that are party to the
first Optional Protocol, a failure to implement interim or provisional measures is incompatible
with the obligation to respect in good faith the procedure of individual communication
established under the Optional Protocol. In May 2017, the International Court of Justice
indicated to Pakistan that it must “take all measures at its disposal” to ensure that an Indian
national was not executed pending a final judgment in a dispute concerning alleged violations
of article 36 of the Vienna Convention on Consular Relations. 39 The Court has held its
provisional measures to be legally binding.40 Similarly, the Committee against Torture recalled
that non-compliance with interim measures of protection regarding deportations constituted a
breach of article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment41 and noted that a number of individuals had been executed in Belarus
pending proceedings before the Human Rights Committee. 42 A dual national of the United
States and Hungary was executed in the United States in July 2017 despite precautionary
measures handed down by the Inter-American Commission on Human Rights.43
D.
Reintroduction of the use of the death penalty, extension of its scope or
resumption of executions
12.
During the reporting period, State officials in Mongolia,44 the Philippines45 and Turkey46
announced that they were considering reintroducing the death penalty. The United Nations High
Commissioner for Human Rights, the Human Rights Committee and special procedure mandate
holders expressed their concern at those pronouncements, highlighting that such plans, should
they be implemented in the Philippines, would constitute a violation of the country’s
obligations as a State party to the Second Optional Protocol.47 During the universal periodic
38
39
40
41
42
43
44
45
46
47
6
CCPR/C/GHA/CO/1, para. 20; CRPD/C/GTM/CO/1, para. 8; CRC/C/HTI/CO/2-3, para. 74;
CCPR/C/JAM/CO/4, para. 36; CCPR/C/JOR/CO/5, para. 15; CCPR/C/KAZ/CO/2, para. 16;
CCPR/C/KWT/CO/3, para. 23; CCPR/C/LBN/CO/3, para. 22; CRC/C/MWI/CO/3-5, para. 45 (d);
CCPR/C/MUS/CO/5, para. 18; CCPR/C/MAR/CO/6, para. 20; CEDAW/C/NER/CO/3-4, para. 49;
CEDAW/C/NGA/CO/7-8, para. 52 (also CMW/C/NGA/CO/1, para. 14); CCPR/C/PAK/CO/1, para. 18;
CAT/C/KOR/CO/3-5, para. 30; CERD/C/LKA/CO/10-17, para. 31; CCPR/C/SWZ/CO/1, para. 31; and
CCPR/C/THA/CO/2, para. 18.
See A/HRC/37/17.
Jadhav Case (India v. Pakistan), press release No. 2017/22, 18 May 2017.
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and
Herzegovina v. Serbia and Montenegro),Provisional measures, Order of 13 September 1993, I.C.J.
Reports 1993, p. 325.
General comment No. 4 (2017) on the implementation of article 3 in the context of article 22.
See CAT/C/BLR/CO/5, para. 55.
See www.oas.org/es/cidh/decisiones/pdf/2017/9-17MC156-17-US.pdf.
See https://president.mn/en/2018/04/02/president-battulga-to-present-to-parliament-draft-bill-onreinstating-capital-punishment-for-child-sexual-abuse-offenses/; and
https://president.mn/en/2018/04/05/president-battulga-gives-speech-at-opening-of-parliaments-springsession/.
See www.penalreform.org/wp-content/uploads/2018/04/PRI_Global-Prison-Trends-2018_EN_WEB.pdf,
p. 13.
See www.trtworld.com/turkey/turkey-will-reinstate-death-penalty-soon-erdogan-217431.
See www.ohchr.org/Documents/Countries/PH/OpenLetterHC_DeathPenalty.pdf;
www.ohchr.org/Documents/HRBodies/CCPR/NV_from_HRC_ThePhilippines_28March2017.pdf;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublic
CommunicationFile?gId=22903; and www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=21388&LangID=E.
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