A/HRC/18/20
debate, strengthening public opposition and putting pressure on retentionist countries to
abolish the death penalty, or at least introduce a moratorium as a first step.54
53.
The Parliamentary Assembly of the Organization for Security and Cooperation in
Europe (OSCE) adopted a resolution on the death penalty in July 2010.55 In the resolution,
the Assembly called upon participating OSCE States applying the death penalty to declare
an immediate moratorium on executions (para. 46). In particular, it called upon Belarus and
the United States to take immediate steps towards abolition of the death penalty (paras. 49
and 50). It also called upon Latvia to amend its Criminal Code in order to abolish the death
penalty for murder with aggravating circumstances if committed during wartime (para. 51).
54.
The inter-American human rights mechanisms also continued to address the
question of the death penalty during the reporting period. In October 2010, the InterAmerican Commission on Human Rights urged the United States to suspend the judicial
execution of Jeffrey Timothy Landrigan, a beneficiary of precautionary measures granted
by the Commission in 2004.56 In 2010, with regard to a petition regarding an extradition of
a petitioner from Peru to China, the Commission considered that the allegations regarding
inadequate evaluation by the Peruvian authorities of the guarantees provided by China that
it would not impose the death penalty on the petitioner and the possibility that he would be
subjected to torture and cruel and inhumane treatment could characterize a failure to
comply with the obligations arising from articles 4 and 5 of the American Convention on
Human Rights.57 In May 2010, the Inter-American Court of Human Rights ordered the
State of Peru to refrain from extraditing the beneficiary and in November extended the
provisional measures until 31 March 2011.58
55.
During the reporting period, the Commission also declared several petitions related
to the question of the death penalty admissible. In March 2011, the Inter-American
Commission on Human Rights received 14 petitions in which it was alleged that the United
States violated the rights of the alleged victims who were sentenced to death in six states
(North Carolina, South Carolina, Georgia, Missouri, Texas and Utah) and thereafter
executed. All alleged victims were beneficiaries of earlier precautionary measures
requested by the Commission.59
56.
While examining the human rights situation in Cuba in 2010, the Inter-American
Commission on Human Rights urged the State to adopt the legislative and other measures
necessary for ensuring that the death penalty is not imposed in violation of the principles of
54
55
56
57
58
59
European Union, “EU continues efforts to achieve universal abolition of death penalty”, press release,
8 October 2010.
Available from www.osce.org/home/71711.
Despite the Commission’s request of an immediate suspension of the execution, Jeffrey Timothy
Landrigan was executed on October 26. The Commission deplored the execution and concluded that his
basic rights to due process had been violated. It condemned the repeated failure on the part of the United
States to comply with its decisions, especially in cases related to the death penalty. The Commission
further urged the United States to implement all precautionary measures and decisions issued by the
Commission and demanded that it fully and properly respect its international human rights obligations,
especially those derived from the American Declaration of the Rights and Duties of Man.
Inter-American Commission on Human Rights, Report No. 151/10, Petition 366-09, Wong Ho Wing
vs. Peru, 1 November 2010, para. 46.
The texts of the orders (in Spanish) are available from the following links:
www.corteidh.or.cr/docs/medidas/wong_se_02.pdf and
www.corteidh.or.cr/docs/medidas/wong_se_03.doc.
See Inter-American Commission on Human Rights, report No. 60/11, 24 March 2011.
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