A/HRC/39/19
has also instructed relevant medical departments to determine the real age of certain prisoners
and to re-examine those with mental or intellectual disabilities. 26 In its submission, Kenya
highlighted that the Government was committed in its efforts to review the death penalty.27 In
Myanmar, a law repealed provisions which allowed the death penalty for treason, abetting
treason and sabotage,28 and Thailand abolished the mandatory death penalty for selling drugs.29
Several crimes were removed from the list of capital offences in Viet Nam.30
8.
In November 2017, the Islamic Republic of Iran amended its anti-drug law, limiting the
use of the death penalty and reducing the sentences of those sentenced to death. The judiciary
was subsequently instructed to review the cases of those already sentenced to death for drugrelated offences.31 Reportedly, the significant reduction in the number of executions in 2018 can
be attributed to the commuting of sentences and a temporary halt in drug-related executions, as
the number of executions for murder charges remained nearly the same as in 2017.32 Also in
November 2017, Malaysia introduced some sentencing discretion where persons convicted of
transporting drugs are found to have cooperated with law enforcement.33
9.
In the United States, the State of Alabama abolished the practice of judicial override for
future death sentences, which had allowed judges to impose death sentences despite a jury
recommendation for life imprisonment.34 The State of Florida abolished non-unanimous jury
recommendations for death sentences.35 And a trial court in Kentucky issued the first judicial
ruling finding that the execution of offenders under 21 amounts to cruel and unusual
punishment, in violation of the United States Constitution.36
C.
International and regional instruments contributing to the abolition of the
death penalty
10.
The Second Optional Protocol to the International Covenant on Civil and Political
Rights had been ratified by 85 States as of 15 June 2018. It remains the key international treaty
prohibiting the use of the death penalty. The Second Optional Protocol contains no provisions
for denunciation or withdrawal. The United Nations human rights treaty bodies continued to
encourage Member States to ratify or accede to the Second Optional Protocol, for example, in
their consideration of the periodic reports of Bangladesh, Barbados, Burkina Faso, Cameroon,
Côte d’Ivoire, Ghana, Guatemala, Haiti, Jamaica, Jordan, Kazakhstan, Kuwait, Lebanon,
Malawi, Mauritius, Morocco, Niger, Nigeria, Pakistan, the Republic of Korea, Sri Lanka,
Swaziland and Thailand. 37 Furthermore, Sri Lanka supported recommendations to consider
ratifying the Second Optional Protocol during the universal periodic review. 38
26
27
28
29
30
31
32
33
34
35
36
37
Submission by Afghanistan Independent Human Rights Commission.
Submission by Kenya.
See www.fidh.org/IMG/pdf/asie682apdmweb.pdf, p. 5.
Narcotic Act (Vol. 6) 2016.
See CCPR/C/VNM/3, para. 67.
See A/HRC/37/24, paras. 10−14; and http://fileserver.idpc.net/library/ECPM-IHR%20Iran%20report%202017.pdf, containing a translation of the text of the Circular by the Head of the
Judiciary on the Implementation of the New Amendment to the Anti-Narcotics Law of 6 January 2018.
See https://iranhr.net/en/articles/3325/.
Submission by Malaysia, referring to the Dangerous Drugs Act (Amendment) 2017 Bill passed by the
Upper House on 14 December 2017. See also
www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF, p. 11.
Senate Bill 16, signed into law on 11 April 2017.
Senate Bill 280, signed into law on 13 March 2017.
Kentucky v. Bredhold, case No. 14-CR-161, ruling of 1 August 2017, p. 11. See also
www.americanbar.org/content/dam/aba/images/abanews/mym2018res/111.pdf.
See CCPR/C/BGD/CO/1, para. 24; CRC/C/BRB/CO/2, para. 63 (f); CCPR/C/BFA/CO/1, para. 22
(also CEDAW/C/BFA/CO/7, para. 58); CCPR/C/CMR/CO/5, para. 24; CCPR/C/COD/CO/4, para. 24;
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents