A/HRC/36/27
25.
A small number of delegates said that it was the sovereign right of States to impose
the death penalty. They mentioned the rights of victims of crimes, and public opinion in
favour of capital punishment, to justify the retention of the death penalty. In response,
others called for the voices of victims to be heard as part of an open discussion about the
abolition of the death penalty.
26.
Some representatives stated that the death penalty remained an important deterrent
against the most serious crimes. Challenging that approach, several other representatives
said that the death penalty was an ineffective and unproven deterrent of crime. Capital
punishment did not serve any deterrent purpose in combating crime, including terrorism,
and there was no need for any State to expand the use of the death penalty to include
terrorism-related offences. Any measures to counter terrorist threats needed to be consistent
with human rights. The harshness of the death penalty risked fanning the flames of
extremism. Moreover, as no legal system was perfect, any miscarriage of justice in capital
cases could be irreversible and fatal. The mere fact that innocent people had been executed
was argument enough for abolishing the death penalty.
2.
Regional efforts
27.
Several representatives referred to regional efforts towards the abolition of the death
penalty, including the adoption of the Protocol to the American Convention on Human
Rights to Abolish the Death Penalty and of the declaration made at the Eleventh Summit of
the Heads of State and Government of the Portuguese-Speaking Countries. 15
Representatives called for Africa to become the next abolitionist continent and said that, for
that reason, the next regional congress against the death penalty would be held in Africa in
2018, in preparation for the Seventh World Congress against the Death Penalty, to be held
in Brussels in February 2019. The representative of the Council of Europe reported that it
was exploring ways to further promote the abolition of the death penalty worldwide and
that it would share the results of its study on that topic. Other representatives spoke of
efforts made to ensure that Europe would become an “execution-free continent” and
deplored the recent executions in Belarus. The trend towards reinstating or broadening the
application of capital punishment in the Asia-Pacific region, particularly in relation to
crimes concerning drug offences, was also discussed. It was noted that States were
increasingly interconnected in terms of their cooperation on criminal justice matters. With
regard to extradition requests, it was suggested that a State could deny such a request from
a State that retained the death penalty, which would show that there was a consequence to
maintaining such a practice. It was also recommended that the ASEAN Intergovernmental
Commission on Human Rights should study the mandatory application of the death penalty.
3.
Partnerships and cooperation
28.
Several representatives emphasized that various stakeholders, including national
human rights institutions, civil society entities, political organizations, parliamentarians,
religious bodies, academic institutions and networks, and trade unions, had a role to play in
encouraging abolition or moratoriums by advising Governments, monitoring situations and
raising awareness. Some representatives requested that resources be provided to conduct
human rights awareness-raising programmes to educate the public on the value of
abolishing the death penalty. Others said they were committed to fostering discussions on
the effects of the death penalty and supporting initiatives and debates on capital punishment
because listening to those who held different views was crucial. They also said that
cooperation between Governments, parliaments and civil society organizations at the
national and international levels was essential. As an example of such cooperation,
reference was made to Italy, where a dedicated governmental task force worked with
representatives of civil society to strengthen cooperation on the promotion of a universal
moratorium on the use of the death penalty.
15
The declaration is available, in Portuguese only, at www.itamaraty.gov.br/en/press-releases/1562311th-summit-of-the-heads-of-state-and-government-of-the-portugues-speaking-countries-brasiliadeclaration-portuguese. Also see A/HRC/27/26, para. 50.
9
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