A/HRC/14/24
should undertake periodic reviews to determine whether international standards have been
complied with, and report to the Council on their findings (E/CN.4/2005/7, paras. 60-62,
88);
(c)
International law prohibits the application of the death penalty to juveniles;18
(d)
International law prohibits the mandatory imposition of the death penalty;19
(e)
International law only permits the death penalty for “the most serious
crimes”. The scope and implications of this important phrase have been explored in detail;20
(f)
A person sentenced to death has the right to seek pardon or commutation of
the sentence (A/HRC/8/3, paras. 59-67).
52.
In the death penalty context it has also been necessary to address the relationship
between international legal obligations and sharia law or Islamic criminal law as applied in
some countries. Specifically, reports have discussed stoning, the illegality of the death
penalty for homosexuality or adultery, and the challenges of diyah (compensation in lieu of
criminal punishment).21
G.
Impunity: investigation, prosecution and conviction
53.
Impunity is often a central cause of continued killings. In many of the countries
visited, impunity is maintained through problems at every level of the criminal justice
system. Thus, police may be unwilling or unable to carry out an independent investigation
of the killing. The State may lack forensic capacity to conduct investigations. Crimes
scenes may not be secured. The police may fail to refer cases to the prosecution service.
Prosecutors may be corrupt or poorly trained. Witnesses may justifiably be unwilling to
testify because of inadequate witness protection programmes. Judges’ dockets may be so
overcrowded that cases are delayed for years, or judges may also take bribes to delay cases
or absolve perpetrators. If perpetrators are convicted, prison systems may be insecure or
susceptible to corruption, resulting in prisoners escaping or bribing their way out of
detention.
54.
In response to these challenges, specific studies have addressed:
(a)
The need for external oversight of the police, including a study of the various
forms of oversight, and the applicable law and principles (A/HR/14/24/Add.8);
(b)
The obstacles to effective national commissions of inquiry, and the
requirements for the creation and implementation of effective commissions;22
(c)
Best practices in witness protections programmes (A/63/313);
(d)
How States can make their military justice systems compatible with human
rights standards (A/63/313).
18
19
20
21
22
A/HRC/11/2, paras. 29-42 and A/HRC/4/20, paras. 16-17 and 63.
E/CN.4/2005/7, paras. 63-64 and 80; A/HRC/4/20, paras. 54-62 and 66; and A/HRC/11/2/Add.6,
paras. 83-84 and 115.
A/HRC/4/20, paras. 39-53 and 65; A/HRC/11/2/Add.6, para. 84; and A/HRC/11/2/Add.5, para. 23.
A/HRC/8/3/Add.3, paras. 76-78; E/CN.4/2006/53/Add.4, paras. 21-24 and 32-38; and A/61/311,
paras. 55-64.
A/CN.4/2006/53 and A/HRC/8/3.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents