A/HRC/33/20
executions is reportedly withheld from family members and lawyers of death row prisoners
until the completion of the executions in some States, including Belarus, 9 Indonesia, Japan,
Malaysia, South Sudan and Viet Nam.
21.
Difficulties in obtaining information are compounded in countries affected by
conflict, where it may not be possible to obtain sufficient reliable information to confirm
the number of executions and other relevant details. The United Nations Assistance Mission
for Iraq received several reports of executions being carried out, but no confirmation was
obtained from the Iraqi authorities. The Office of the United Nations High Commissioner
for Human Rights expressed its concern with regard to the fact that the Iraqi Ministry of
Justice had ceased to communicate information to the United Nations in relation to the
carrying out of executions.10
22.
While examining the report of China, the Committee against Torture expressed
concern about the lack of specific data on the application of the death penalty, which
prevented it from verifying whether that new legislation was actually being applied in
practice (see CAT/C/CHN/CO/5, para. 49). In its concluding observations on the report of
Saudi Arabia (see CAT/C/SAU/CO/2, para. 42), the Committee expressed it deep concern
about the continued existence of the death penalty and the failure of the State party to
provide data requested by the Committee on the number of persons executed or on death
row as well as, inter alia, the gender, age, nationality and other relevant demographics of
the persons affected, and for what specific offences. The Committee called upon Saudi
Arabia, inter alia, to provide disaggregated data on the number of individuals on death row
and the number executed, detailing for which offences and whether any minors or persons
with mental disabilities had been sentenced to death and/or executed and the other data
required (ibid., para. 43).
IV. Safeguards guaranteeing the protection of the rights
of those facing the death penalty
Restriction of use of the death penalty to “most serious crimes”
A.
23.
State parties to the International Covenant on Civil and Political Rights that have not
yet abolished the death penalty should only impose it for the “most serious crimes”. Crimes
not resulting directly and intentionally in death do not meet the threshold of “most serious
crimes” under international human rights law. 11 In the same vein, a limited degree of
involvement or complicity in the commission of even the most serious crimes, such as
providing the physical means for the commission of murder or failing to prevent it, cannot
justify the imposition of the death penalty. In draft general comment No. 36 being
discussed by the Human Rights Committee, the Committee has stated that States parties are
under an obligation to constantly review their criminal laws so as to ensure that the death
penalty can be imposed, if at all, only for the most serious crimes and only for their chief
perpetrators.
24.
Drug-related offences do not meet the criteria for “most serious crimes”. There is no
persuasive evidence that the use of the death penalty is a greater deterrent than other
methods of punishment in eradicating drug trafficking or other drug-related offences, nor
9
10
11
The Special Rapporteur on the situation of human rights in Belarus has expressed concerns on the
lack of transparency in the proceedings of the death penalty cases in Belarus (see A/HRC/29/43).
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17051&LangID=E.
See Human Rights Committee, draft general comment No. 36, 2015.
7
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