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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