A/HRC/36/27
prohibition of torture and other cruel, inhuman or degrading treatment or punishment (see
A/HRC/30/18, para. 55). He highlighted that many national courts had reached the same
conclusion and noted that a number of states in the United States of America had abolished
the death penalty because it constituted an extreme form of physical and psychological
suffering that violated the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment.
19.
The Special Rapporteur emphasized that the issue of capital punishment was not
simply a technical legal question. It was a retributive system and a deliberately
dehumanizing punishment that intentionally inflicted pain and anguish on convicts and their
families and that could be used to kill innocent people and irreparably harm their loved
ones. The inherent human dignity of convicts, victims and families, and the dignity and
moral authority of human society, needed to be reflected upon.
IV. Summary of the discussion
20.
During the interactive phase of the panel discussion, representatives of the following
States spoke: Botswana, Chile, Mexico,6 Brazil,7 Croatia,8 Finland,9 Singapore,10 Portugal,11
Paraguay, Montenegro, Australia, Greece, Spain, Argentina, Portugal, Mexico, New
Zealand, Switzerland, Albania, Liechtenstein, Colombia, Algeria, Fiji, Papua New Guinea,
India, Holy See, Kenya and Italy. Representatives of the following intergovernmental
organizations also took the floor: the European Union and the Council of Europe.
Representatives of the following non-governmental organizations contributed to the
discussion: Amnesty International, American Civil Liberties Union, Center for Global
Nonkilling, International Federation of Action by Christians for the Abolition of Torture,
Friends World Committee for Consultation, Ensemble contre la peine de mort and
International Bar Association.12
A.
General remarks on the use of the death penalty
21.
A large number of representatives of a range of legal systems, traditions, cultures
and religious backgrounds expressed their total opposition, in all circumstances and at all
times, to the death penalty and firmly supported its universal abolition. In that regard, they
6
7
8
9
10
11
12
On behalf of Belgium, Benin, Costa Rica, France, Mongolia, the Republic of Moldova and
Switzerland.
On behalf of Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Benin, Bosnia and
Herzegovina, Bulgaria, Chile, Colombia, Croatia, Cyprus, Czechia, Denmark, Ecuador, Estonia, Fiji,
Finland, France, Georgia, Germany, Greece, Haiti, Honduras, Hungary, Iceland, Ireland, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Mongolia, Montenegro, Namibia,
the Netherlands, New Zealand, Norway, Panama, Paraguay, Poland, Portugal, Romania, Rwanda, San
Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Timor-Leste, the former Yugoslav
Republic of Macedonia, Ukraine and Uruguay.
On behalf of Austria and Slovenia.
On behalf of Denmark, Estonia, Iceland, Latvia, Lithuania, Norway and Sweden.
On behalf of the Bahamas, Bahrain, Bangladesh, Barbados, Brunei Darussalam, China, the
Democratic People’s Republic of Korea, Egypt, Ethiopia, India, Indonesia, Iran (Islamic Republic of),
Iraq, Jamaica, Kuwait, the Lao People’s Democratic Republic, Malaysia, Myanmar, Oman, Pakistan,
Qatar, Saudi Arabia, Singapore, the Sudan, Uganda, the United Arab Emirates and Yemen.
On behalf of Angola, Brazil, Cabo Verde, Equatorial Guinea, Guinea Bissau, Mozambique, Sao
Tome and Principe and Timor-Leste.
Statements by the representatives of the following States were not delivered owing to lack of time:
Mongolia, the United Kingdom of Great Britain and Northern Ireland, Saudi Arabia, Russian
Federation and the Sudan. Statements by the representatives of the following non-governmental
organizations were not delivered owing to lack of time: the Alsalam Foundation, Americans for
Democracy and Human Rights in Bahrain, the Bahrain Institute for Rights and Democracy, Human
Rights Advocates, the Swiss Catholic Lenten Fund, Plataforma Internacional contra la Impunidad and
the Conseil international de soutien à des procès equitables et aux droits de l’homme. All statements
are on file with the secretariat of the Human Rights Council and are available for consultation.
7
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