A/HRC/41/5/Add.1
(b)
Noted: Consider an immediate moratorium on executions as a first step
towards the abolition of the death sentence…"
Noted recommendations
7.
136.1, 136.2, 136.3, 136.4, 136.5, 136.6, 136.7, 136.8, 136.9, 136.10, 136.11,
136.12, 136.13, 136.14, 136.70, 136.74, 136.76, 136.77, 136.78, 136.79, 136.80, 136.81.
8.
The content of the noted recommendations is either accession to a particular
international human rights instruments asked for abolition of the death penalty and/ or
establishing a moratorium on executions, and reducing the number of crimes carrying
capital punishment. Each clustered recommendation will be explained as follows:
(a)
Accession to international human rights instruments: Afghanistan is
already a state party to seven core International Human Rights Conventions and three
optional protocols that demonstrates its commitment to promote and protect human rights.
Taking into consideration the fact that the accession to international human rights
instruments obligates the state party to ensure the compliance of its provisions at the
national level, Afghanistan is willing to review its national structures prior to considering
the accession to further international human rights instruments and thereafter decides upon
them in due time.
(b)
Abolition of the death penalty/Reducing the number of crimes carrying
capital punishment: In 2017, a commission has been created under the supervision of the
Deputy Attorney General of Afghanistan in order to investigate and review the sentenced
cases of the death penalty. The commission finalised its work in 2018 and reported to the
Office of President. The proposal of the committee was to commute the death penalty to the
long-term imprisonment in the large number of the cases which was accepted by the
President and being implemented. Then a special committee aimed at monitoring the cases
of death penalty, has been established in 2018 within the Office of the Attorney General of
the Islamic Republic of Afghanistan. This committee reviewed 80 cases of death penalty
recommended commuting majority of them to imprisonment and asked for further
information in the reaming cases. The new penal code of Afghanistan has decreased to the
large extent the application of the death penalty to the serious crimes indicated in the
Article 170 of the Penal Code of Afghanistan.
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