A/HRC/18/20 and “the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims’ families in overcoming their pain and grief.”4 7. In 2010, the Ministry of Justice of Lebanon submitted to the National Assembly a draft bill to abolish the death penalty, but it did not find majority approval.5 Bills abolishing the death penalty have been pending in the parliaments of Mali, Mongolia and the Republic of Korea since 2010.6 In January 2011, the Government of Guatemala presented a bill to the Congress to reform the Criminal Code, the Criminal Procedure Code and the AntiNarcotic Law aiming to abolish the death penalty.7 B. Countries that have abolished the death penalty for ordinary crimes 8. No new country abolished the death penalty for ordinary crimes during the reporting period. C. Countries that have restricted the scope of the death penalty or are limiting its use 9. Even in countries where the application of the death penalty remains, some noticeable steps towards restricting its use were recorded during the reporting period. In particular, judicial, legislative and administrative developments were recorded in several countries with regard to the mandatory imposition of the death penalty and the procedural aspects of its implementation. 10. The mandatory imposition of the death penalty with no consideration of the defendant’s personal circumstances or the circumstances of the particular offence was declared unconstitutional in Bangladesh. In its judgment, the High Court Division of the Supreme Court of Bangladesh stated that “any provision of law which provides a mandatory death penalty cannot be in accordance with the Constitution as it curtails the court’s discretion to adjudicate on all issues brought before it, including imposition of an alternative sanction upon the accused found guilty of any offence under any law”.8 The Court of Appeal of Kenya ruled in July 2010 that the mandatory imposition of the death penalty for murder violated the protections against arbitrariness and inhumane treatment and was “inconsistent with the letter and spirit of the constitution”.9 11. In October 2010, the Parliament of Guyana adopted a bill abolishing the mandatory imposition of the death penalty against individuals convicted of murder. The death penalty, however, remains applicable for certain categories of murder. During its consideration under the universal periodic review mechanism in May 2010, Guyana committed to 4 5 6 7 8 9 4 Statement from Governor Pat Quinn on Senate Bill 3539, State of Illinois press release, 9 March 2011. The Bill was signed by the Governor on 9 March and will be effective from 1 July 2011. Draft report of the Human Rights Council on its sixteenth session (A/HRC/16/L.41), para. 586. Amnesty International, Death Sentences and Executions 2010 (London, 2011), p. 7. Note verbale of Guatemala dated 4 May 2011. Bangladesh Legal Aid and Services Trust and another vs. Bangladesh, Writ Petition No. 8283 of 2005, judgement issued in 2010, p. 34. Mutiso v. Republic of Kenya, Criminal Appeal No. 17 of 2008, paras. 28, 33-34 and 36-38, Court of Appeal at Mombasa, 30 July 2010.