A/HRC/27/26
III. Opening statement of the United Nations High Commissioner
for Human Rights
7.
In her opening statement, the United Nations High Commissioner for Human Rights
declared that she opposed the death penalty in all circumstances, and urged those States that
still retained that punishment to abolish it. The High Commissioner acknowledged the
accelerating progress made towards abolition since the adoption in 1948 of the Universal
Declaration of Human Rights, which had asserted the human right to life. She noted that
back then, 66 years previously, only 14 countries had abolished the death penalty, the
majority of them in South America. Eighteen years later, at the time of the adoption of the
International Covenant on Civil and Political Rights in 1966, there had still only been
26 abolitionist countries. In the face of such resistance, the drafters of the Covenant had
been able to do little more than restrict the scope of the death penalty. Nevertheless, that
had not been meant to justify the continuing use of the death penalty. In that regard, she
referred to article 6, paragraph 6, of the Covenant, which stated: “Nothing in this article
shall be invoked to delay or to prevent the abolition of capital punishment by any State
Party to the present Covenant.” She also noted that the adoption of the Covenant’s Second
Optional Protocol in 1989 had given abolition a decisive new momentum. While
welcoming the most recent moratoriums, the High Commissioner deplored the fact that
approximately 20 States still continued to execute people, often in direct violation of
international human rights standards.
8.
The High Commissioner outlined several reasons why the death penalty should be
abolished. First, the death penalty was not reconcilable with human rights, starting with the
right to life. She pointed out that many countries whose people had been the victims of the
most heinous crimes and violations had abolished the death penalty or did not use it. Those
countries were pursuing justice but respected the right to life, a right that could not be
negated by the thirst for vengeance. She also noted that the death penalty was cruel,
inhumane and degrading, either per se or as applied. Furthermore, the application of the
death penalty often violated the right to equality and non-discrimination. The decision
whether to sentence a convict to death or to lesser punishment was often arbitrary,
disproportionate and devoid of predictable rational criteria. In that “judicial lottery”, the
odds were often stacked against the poor and against minorities and other common targets
of discrimination. The second reason why the death penalty should be abolished was its
finality. Even the most developed, well-functioning and robust legal systems, and those
with multiple judicial safeguards, had, in many instances, put to death individuals who
subsequently had been proved to be innocent. A third strong reason for abolishing the death
penalty was the lack of merit of the common assertion that it had a deterrent effect. There
was no evidence that the death penalty deterred crime any more than other forms of
punishment.
9.
The abolition of the death penalty often came into effect after a period of difficult
national debate. To make sure that such debates were effective, transparent and fully
reflective of the collective will, it was vitally important that the public be provided with
balanced information and accurate statistics that covered all aspects of the discussion on
criminality and described various effective ways, short of the death sentence, to combat it.
With regard to arguments that abolishing the death penalty would go against the sentiments
of the public, the High Commissioner emphasized that human progress did not stand still,
and that popular support for the death penalty at a given moment did not imply that such
support would persist in the future. She referred to undisputed historical precedents where
laws, policies and practices inconsistent with human rights standards had had the support of
a majority of the people; but had eventually been abolished or banned. She urged all States
that still retained the death penalty to introduce a moratorium on it as a first step. She also
emphasized that States should go beyond simply ceasing executions. They should aim for a
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