A/HRC/36/27
welcomed the continuing trend towards abolition and called for a universal moratorium
with a view to universal abolition. Some representatives referred to the call for abolition as
central to their foreign policy. Others referred to the remarks made by the SecretaryGeneral 13 and the High Commissioner 14 at the start of the thirty-fourth session of the
Human Rights Council, in which they touched on the death penalty and called for action
towards its abolition. Reference was also made to the argument made by the former Special
Rapporteur on extrajudicial, summary or arbitrary executions that international law could
no longer be described as “retentionist”, but instead that it required the progressive
abolition of the death penalty (see A/71/372, para. 39). A number of representatives urged
States to act in accordance with the spirit of article 6 (6) of the International Covenant on
Civil and Political Rights.
1.
National policies and practices regarding the question of the death penalty
22.
Several State representatives said that the right to life was enshrined in their national
Constitutions, prohibiting the imposition and implementation of executions, and that the
protection of that right was a State’s duty. Others pointed out that it was critical for States
to interpret the right to life broadly. Many representatives said that the death penalty was
incompatible with human rights, justice and human dignity, and violated the right to life.
Some also referred to the dignity of the whole of society and said that the death penalty
made killers of us all and that it was an affront to the dignity of all human beings. They
emphasized that the abolition of the death penalty contributed to the progressive
development and consolidation of human rights. The death penalty had no place in modern
policies to combat crime. The aim of prison systems was to rehabilitate and reintegrate
people into society, and the death penalty went against that aim. Some representatives
emphasized that the abolition of the death penalty was a matter of principle, not culture.
Accordingly, the death penalty in States that retained it should be progressively
discontinued.
23.
In terms of the practices adopted by States, it was noted that Fiji had removed the
only reference to the death penalty in its legal system and that it did so under the weight of
domestic and international opinion, because there was the necessary political will and as a
result of the discussions held during the 2014 universal periodic review. Mongolia too had
amended its criminal code to reflect the decision to abolish the death penalty. Some
representatives noted that capital punishment had, during recent years, been reinstated in a
number of States following a period of moratoriums. Others expressed concern about an
increase in recent executions in States in the Persian Gulf region. The decrease in death
sentences and executions in the United States during 2016 was noted, as was the fact that
death sentences in that country were imposed in an arbitrary manner, depending not on the
seriousness of the crime but on the poor quality of defence lawyers, the race of the accused
or the victim and the county and state in which the crime occurred. Some representatives
highlighted incremental reforms introduced to phase out the use of the death penalty. In that
regard, reference was made to the experience of the United Kingdom of Great Britain and
Northern Ireland. Among the incremental steps that States could take were restricting the
scope of the application of the death penalty and strengthening safeguards, appeals and
clemency options.
24.
Some representatives stated that the death penalty was a matter of criminal justice,
rather than human rights, and that its use was vital for guaranteeing peace, security and
human rights for their citizens. There was no international consensus that the death penalty,
when applied in accordance with due process and judicial safeguards, violated the
prohibition against torture and other cruel, inhuman or degrading treatment or punishment.
Rejecting that argument, several other representatives highlighted the fact that human rights
were universal and every State’s criminal justice system should respect international human
rights law obligations. Several representatives referred to various provisions of international
human rights treaties that imposed restrictions on the use of the death penalty.
13
14
8
https://www.un.org/sg/en/content/sg/speeches/2017-02-27/secretary-generals-human-rights-councilremarks.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21229&LangID=E.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents