A/HRC/42/28
III. Restriction of the use of the death penalty to the most serious
crimes
8.
Article 6 (2) of the Covenant provides that, in countries that have not abolished the
death penalty, it may be imposed only for the most serious crimes. The Human Rights
Committee has taken the view that the term “most serious crimes” must be interpreted
restrictively and appertain only to crimes of extreme gravity, involving intentional killing.
According to the Committee, crimes not resulting directly and intentionally in death, such
as attempted murder, corruption and other economic and political crimes, armed robbery,
piracy, abduction, and drug and sexual offences, can never serve, within the framework of
article 6, as the basis for the imposition of the death penalty. 13 Several submissions for the
present report note that expansion of the death penalty to offences that do not meet the
definition of “most serious crimes” leads to fundamental uncertainty and erodes the rule of
law.14
9.
The Government of the Philippines has proposed reintroducing the death penalty for
drug offences.15 The Philippines is a State party to the Second Optional Protocol, and so
any such reintroduction would be inconsistent with that Protocol. The President of Sri
Lanka has indicated his intention to resume executions of drug traffickers, which, if carried
out, would bring to an end a moratorium on the death penalty in place since 1976. 16 In
January 2019, the parliament of Egypt approved a law that would expand the application of
the death penalty to include the import and export of synthetic narcotics. 17 The Human
Rights Committee has stated that drug-related offences can never serve as the basis for the
imposition of the death penalty.18
10.
Introduction or reintroduction of the death penalty for drug offences is
disproportionate to the aim of deterring drug-related crime, as there is no evidence that the
death penalty in fact deters drug-related or other crime more than other methods of
punishment.19 Calls for resumption of the use of the death penalty for drug offences may be
counterproductive, as punitive approaches could reduce the capacity of drug users to access
treatment for addiction and other health services. 20 In contrast, public health approaches
have led to significant successes in a range of national contexts. 21 In Pakistan, the Ministry
of Human Rights has proposed a review of the imposition of the death penalty for drugrelated crimes.22
11.
In recent years, several States have widened their application of the death penalty to
include terrorist offences not resulting directly and intentionally in death, which may not
reach the high bar of “most serious crimes”. In 2014, the United Arab Emirates adopted a
law permitting application of the death penalty to non-violent offences, including
membership of a terrorist organization. 23 In 2015, Chad adopted a law permitting
13
14
15
16
17
18
19
20
21
22
23
4
General comment No. 36, paras. 35–36.
Submissions of Harm Reduction International and Reprieve and joint submission of Advocates for
Human Rights and World Coalition against the Death Penalty.
House Bill No. 4727 of 11 January 2017, available at http://congress.gov.ph/legisdocs/first_17/CR00047.pdf.
The Supreme Court of Sri Lanka granted interim relief pending appeal of the President’s decision.
See www.reuters.com/article/us-sri-lanka-drugs/sri-lankas-top-court-delays-first-executions-in-43years-idUSKCN1U00WC.
Joint submission of the Egyptian Commission for Rights and Freedoms and Reprieve.
General comment No. 36, para. 35.
A/73/260, para. 60. See also A/HRC/33/20, para. 62; General Assembly resolution 71/187, seventh
preambular paragraph; and Roger Hood, “The question of the death penalty and the new contributions
of the criminal sciences to the matter: a report to the United Nations Committee on Crime Prevention
and Control”.
See, for example, Giada Girelli, The Death Penalty for Drug Offences: Global Overview 2018, Harm
Reduction International (February 2019), pp. 9, 17, 20 and 25.
See, for example, United Nations Office on Drugs and Crime, World Drug Report, vol. 1 (2019), p.
24; and Joint United Nations Programme on HIV/AIDS, “A public health and rights approach to
drugs”, 2015, p. 1.
Submission of Justice Project Pakistan.
Federal Law No. 7 of 2014 on Combating Terrorism Acts; and submission of Reprieve.
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