A/HRC/18/20
recommendations with respect to executions regarding minors and persons with certain
intellectual disabilities, but not regarding all persons with any mental illness.34
36.
During the eleventh session of the Working Group on the Universal Periodic
Review, Latvia reported on the preparation by the Government of the draft legislative
amendments on the abolition of the death penalty in time of war and on the signature of
Protocol No. 13 to the European Convention for the Protection of Human Rights and
Fundamental Freedoms concerning the abolition of death penalty in all circumstances and
preparation for its ratification. Latvia also reported that this initiative had not gained
support in the Parliament, but that discussions on this issue would continue.35
C.
Special procedures of the Human Rights Council
37.
Special procedures of the Human Rights Council also continued to address the
question of the death penalty within their respective mandates. In February 2011, the
Special Rapporteur on extrajudicial, summary or arbitrary executions, jointly with the
Special Rapporteur on the independence of judges and lawyers, warned in a public
statement of a dramatic surge in death sentences in the Islamic Republic of Iran that were
carried out in the absence of internationally recognized safeguards, despite numerous calls
by the United Nations to immediately halt executions. The experts noted that under
international law the death penalty is regarded as an extreme form of punishment which, if
it is used at all, should only be imposed for the most serious crimes, after a fair trial has
been granted to the accused. They called on the Government of the Islamic Republic of Iran
to immediately declare a moratorium on the death penalty in view of the gravity of the
situation and the regular disregard of due process guarantees.36 In a 2010 report, the Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health also affirmed that the death penalty for drug-related offences
violates international human rights law (A/65/255, para. 17).
38.
In his progress report, the Special Rapporteur on the situation of human rights in
Myanmar, while commending the Government for the effective moratorium on the use of
death penalty, regretted that lower courts continue to hand down death sentences
(A/HRC/13/48, para. 40). In 2010, the independent expert on the situation of human rights
in the Sudan recommended that the Government of National Unity of Sudan refrain from
applying the death penalty against minors and that Sudan institute a moratorium on the
imposition of the death penalty, as called for by the General Assembly in its resolution
62/149 (A/HRC/14/41, para. 82 (a)).
D.
Human Rights Treaty Bodies
39.
The United Nations human rights treaty bodies also continued to address the
question of the death penalty in concluding observations adopted following the examination
of State party reports and when considering individual communications. The Human Rights
Committee made reference to the death penalty with respect to the examination of six
States parties during the period under review: Belgium, Cameroon, Estonia, Jordan,
34
35
36
10
Views on conclusions and/or recommendations, voluntary commitments and replies presented by the
United States in the context of the universal periodic review (A/HRC/16/11/Add.1), para. 8.
National report of Latvia submitted to the Working Group on the Universal Periodic Review
(A/HRC/WG.6/11/LVA/1), para. 128.
Office of the High Commissioner for Human Rights, “UN experts call for a moratorium on death
penalty in the Islamic Republic of Iran”, press release, 2 February 2011.
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