A/HRC/27/23
which has intervened in 247 cases of Indonesian nationals sentenced to death abroad.49 The
Office of the Undersecretary for Migrant Workers’ Affairs of the Department of Foreign
Affairs of the Philippines provided legal assistance to Filipino migrant workers facing death
sentences abroad.50 The Ministry of Foreign Affairs of Mexico established a legal support
programme, known as the Mexican Capital Legal Assistance Program, for Mexicans facing
the death penalty in the United States of America. Between its inception in 2000 and
February 2014, the programme intervened in 1,001 cases of first-degree murder and the
interventions led to the prevention or reversal of the death penalty in 878 cases.51
57.
In the United States of America, in January 2014, the State of Texas executed Edgar
Arias Tamayo, one of the 51 Mexican nationals subject to the International Court of Justice
Avena decision.52 Following the execution, the United States Department of State issued a
statement regretting the decision of the State of Texas to proceed with the execution
without review and reconsideration in accordance with the Avena decision, and noted that
the execution illustrated the critical importance for the Congress to pass the Consular
Notification Compliance Act, which would provide an additional mechanism for the United
States to meet its international obligations.53 Despite repeated national and international
calls to suspend further executions, another Mexican national was executed in the State of
Texas in April 2014, in violation of the Avena decision.54
VI. Use of the death penalty against children, persons with
mental or intellectual disabilities and other vulnerable groups
A.
Children
58.
In September 2013, reaffirming the absolute prohibition in international human
rights law of the execution of persons for crimes committed before they were 18 years of
age, the Human Rights Council adopted resolution 24/12 in which it urged States to ensure
that, under their legislation and practice, neither capital punishment nor life imprisonment
were imposed for offences committed by persons under 18.
59.
The legislation of 14 States allows the application of the death penalty to children.
They are India (Jammu and Kashmir), the Islamic Republic of Iran, the Lao People’s
Democratic Republic, Malaysia, Maldives, Mauritania, Nigeria, Pakistan, Qatar, Saudi
Arabia, Somalia, Tonga, the United Arab Emirates and Yemen. During the reporting
49
50
51
52
53
54
14
Amie Fenia Arimbi, “247 Indonesians abroad under threat of death penalty”, Antara News, 20
September 2013. Available from www.antaranews.com/en/news/90806/247-indonesians-abroadunder-threat-of-death-penalty.
See joint submission of Migrante International and the Asia Pacific Mission for Migrants to the
Committee on the Protection of the Rights of All Migrant Workers and Members of their Families at
its twentieth session, April 2014.
Statement of the Ministry of Foreign Affairs of Mexico, 11 March 2014, Geneva.
In the Avena decision, the International Court of Justice found that the United States had failed to
provide consular notification and access to 51 Mexican nationals, as required under the Vienna
Convention on Consular Relations.
United States, Department of State, “Execution of Mexican national Edgar Arias Tamayo”, 23
January 2014. Available from www.state.gov/r/pa/prs/ps/2014/01/220546.htm.
United States, Mission to the Organization for Security and Co-operation in Europe, “Response to
European Union on execution of Mexican national”. Available from
iipdigital.usembassy.gov/st/english/texttrans/2014/04/20140416297946.html
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