A/HRC/39/19 standards. 130 In July 2017, the Indonesian Ombudsman concluded that the Attorney-General should not have carried out an execution because the person’s clemency request was still pending.131 37. In Indonesia, the President reportedly continued to refuse clemency applications submitted by anyone charged with drug-related offences 132 but, in a positive step, the Constitutional Court removed a one-year limit for prisoners to exercise their right to file for clemency.133 With regard to Pakistan, the Human Rights Committee was particularly concerned that “a policy of blanket refusal of clemency applications is allegedly in place and no clemency applications have been granted”.134 E. Prohibition of public executions 38. In resolution 2005/59, the Commission on Human Rights urged all States that still maintained the death penalty “to ensure that, where capital punishment still occurs, it shall be carried out so as to inflict the minimum possible suffering and shall not be carried out in public or in any other degrading manner, and to ensure that any application of particularly cruel or inhuman means of execution, such as stoning, be stopped immediately”. According to the Human Rights Committee, when the death penalty is applied, “it must be carried out in such a way as to cause the least possible physical and mental suffering”.135 Despite its prohibition in international law, the Islamic Republic of Iran136 continued to conduct public executions during the reporting period.137 V. Use of the death penalty against children and persons with mental or intellectual disabilities A. Children 39. Pursuant to article 6 of the International Covenant on Civil and Political Rights and article 37 (a) of the Convention on the Rights of the Child, capital punishment cannot be imposed for offences committed by persons under 18. Nevertheless, capital punishment for offences committed by children reportedly remains lawful in some countries, and during the reporting period juvenile offenders were reportedly believed to be on death row in Bangladesh,138 the Islamic Republic of Iran,139 Maldives,140 Pakistan141 and Saudi Arabia.142 In 130 131 132 133 134 135 136 137 138 139 140 141 142 See http://bangkok.ohchr.org/news/press/Malaybrothers.aspx. Submission by LBH Masyarakat-Reprieve; see also www.amnesty.org/en/documents/asa21/6861/2017/en/. Submissions by LBH Masyarakat-Reprieve and Harm Reduction International. Decision No. 107/PUU-XIII/2015. See CCPR/C/PAK/CO/1, para. 17. See Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, para 6; A/HRC/24/18, paras. 59−61; and A/HRC/30/18, paras. 30−32. See www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF, p. 8. See A/HRC/37/24, para. 6. See www.amnesty.org/download/Documents/ACT5083102018ENGLISH.PDF. See A/HRC/37/68, para. 19; and www.amnesty.org/download/Documents/ACT5083102018ENGLISH.PDF. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21936&LangID=E. See www.amnesty.org/download/Documents/ACT5083102018ENGLISH.PDF; and submission by Justice Project Pakistan. See www.amnesty.org/download/Documents/ACT5083102018ENGLISH.PDF. 13

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