A/HRC/18/20
to consult and report to the Human Rights Council in two years time on the abolition of the
death penalty.31 It further reported that it had tabled an amendment to the Criminal Law
(Offences) Act providing for varied sentences for different categories of murder, including
life imprisonment and lesser sentences of imprisonment, as well as access to parole
(A/HRC/15/L.10, para. 575). Belarus reported that, following the trend in Europe to abolish
the death penalty, it would continue its efforts to mould public opinion in favour of
abolition and actively cooperate with international and regional organizations. However,
Belarus did not accept the Working Group’s recommendation to abolish the death penalty
(ibid., para. 641).
33.
Regarding the abolition of the death penalty or the adoption of a moratorium, the
Minister of Justice of Guinea, while expressing the views of his country at the fifteenth
session of the Human Rights Council, emphasized that following high-level consultations,
Guinea had decided that it was premature to include this question in the national debate,
especially during the delicate transitional phase. In this regard, the Minister of Justice
further stated that “the solution would be to have a de facto moratorium” (ibid., para. 300).
The Lao People’s Democratic Republic noted that “the death penalty was maintained only
to deter the most serious crimes, in particular drug trafficking”, and that currently it was not
ready to consider ratifying the Second Optional Protocol to the International Covenant on
Civil and Political Rights (ibid., para. 324). Similarly, the recommendation to ratify the
Second Optional Protocol to the International Covenant on Civil and Political Rights did
not meet the support of the Government of Lesotho. However, it highlighted that there had
been no capital punishment carried out since 1995 (ibid., para. 387). Grenada rejected
recommendations in relation to the abolition of the death penalty and establishing a formal
moratorium on executions. In this respect, it further noted that while it remained in the
laws, the death penalty had not been applied for decades on its territory (ibid., para. 504).
34.
During its ninth session, the Working Group on the Universal Periodic Review
addressed the question of the death penalty in Jamaica, Lebanon, Liberia, the Libyan Arab
Jamahiriya, Mongolia, Maldives, Malawi and the United States. Regarding
recommendations to repeal its Death Penalty Law, Liberia stated that it was aware of
existing concerns and ensuing recommendations which emanated from its obligations under
the Second Optional Protocol to the International Covenant on Civil and Political Rights, to
which it acceded in 2005. It informed the Council that high crime rates had required the
reintroduction of the death penalty and that the abrogation of the law allowing for the death
penalty would need more time and understanding by the Liberian people, with whom
consultations had been initiated.32 The recommendations to consider issuing a moratorium
on the execution of death penalty sentences were examined by the Libyan Arab Jamahiriya
and enjoyed its support.33
35.
Mongolia accepted the recommendations with regard to its accession to the Second
Optional Protocol to the International Covenant on Civil and Political Rights. It further
reported on its plans to declassify information on death penalty sentences imposed in the
past and to abolish classification in the future following the approval of a bill and after
other measures towards the abolition of the death penalty (A/HRC/16/L.41, para. 420).
Mauritania rejected the recommendation to abolish the death penalty, but reaffirmed its de
facto abolitionist position, noting that in 17 years, no death sentence had been carried out
on its territory (ibid., para. 711). The United States indicated that the recommendation to
end capital punishment did not enjoy its support and that it supported both
31
32
33
Report of the Human Rights Council on its fifteenth session (A/HRC/15/L.10), para. 569.
Report of the Human Rights Council on its sixteenth session (A/HRC/16/L.41), paras. 351-352.
Report of the Working Group on the Universal Periodic Review on the Libyan Arab Jamahiriya
(A/HRC/16/15), para. 93.34.
9
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