A/HRC/39/19 and accurate data was vital to policymakers, civil society and the general public. He concluded that secrecy around executions undermined the debate around the death penalty and obstructed efforts to safeguard the right to life.65 17. It is difficult to obtain up-to-date and accurate global figures on the application of the death penalty. Belarus, China and Viet Nam continue to classify data on the use of the death penalty as a State secret.66 Information regarding the date of executions is reportedly withheld from family members and lawyers of death row prisoners, notably in Belarus67 and Japan. 68 Obtaining data in countries affected by conflict is a further challenge. The Office of the United Nations High Commissioner for Human Rights (OHCHR) continued to express concern that despite regular requests for information on the use of the death penalty in Iraq, information was not available.69 IV. Safeguards guaranteeing the protection of the rights of those facing the death penalty 18. The Human Rights Committee continued its consideration of a draft general comment on article 6 of the International Covenant on Civil and Political Rights,70 addressing notably the meaning of “most serious crimes”, the prohibition on mandatory death sentences, methods of execution, deportation and extradition, fair trial guarantees, the right to consular notification, and protection of juveniles, persons with disabilities and pregnant women.71 In resolution 36/17, the Human Rights Council reaffirmed the safeguards guaranteeing the protection of persons facing the death penalty, which are the internationally recognized minimum standards to be observed by States that continue to impose capital punishment.72 Restriction of the use of the death penalty to the “most serious crimes” A. 19. According to article 6 of the Covenant, States parties that have not yet abolished the death penalty should only impose it for the “most serious crimes”, which has been consistently interpreted as meaning intentional killing.73 20. During the reporting period, the death sentence was reportedly imposed for offences that did not meet the threshold of “most serious crimes”, including drug-related offences,74 spying,75 65 66 67 68 69 70 71 72 73 74 75 8 See www.un.org/sg/en/content/sg/statement/2017-10-10/secretary-generals-remarks-panel%E2%80%9Ctransparency-and-death-penalty%E2%80%9D. See www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF, p. 4; www.amnesty.org/download/Documents/ASA1758492017ENGLISH.PDF; and www.hri.global/files/2018/03/06/HRI-Death-Penalty-Report-2018.pdf, pp. 25 and 29. See CAT/C/BLR/CO/5, para. 55. See also A/HRC/38/51, para. 78: “The secrecy surrounding executions, and the fact that no details of executions or of places of burial are given to the families also amount to torture.” See CCPR/C/JPN/CO/6, para. 13; and CCPR/C/JPN/CO/5, para. 16. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22166&LangID=E. See www.ohchr.org/EN/HRBodies/CCPR/Pages/GC36-Article6Righttolife.aspx. No countries appear to allow the execution of pregnant women, and there are no reports of any such executions in modern times (see E/2015/49, para. 80). State submissions highlighted additional provisions in place with regard to women (e.g., Kazakhstan and Morocco). Economic and Social Council resolution 1984/50; see also E/2015/49, para. 60. See CCPR/C/LBN/CO/3, para. 22; CCPR/C/48/D/470/1991; and A/67/275, para. 66. See A/73/260 and A/HRC/39/39. For example, Saudi Arabia (www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22829&LangID=E).

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