A/HRC/4/20
page 26
83
The provisions protecting the right to life in the American Convention on Human Rights
also specify that “[n]o one shall be arbitrarily deprived of his life” (art. 4(1)) and that the death
penalty “may be imposed only for the most serious crimes” (art. 4(2)) but also states that,
“In no case shall capital punishment be inflicted for political offenses or related common
crimes” (art. 4(4)). With respect to the African regional human rights system, “Although the
African Charter of Human and Peoples’ Rights is silent on the subject of capital punishment,
the African Commission on Human and Peoples’ Rights has called upon states that maintain
the death penalty to ‘limit the imposition of the death penalty only to the most serious crimes’.”
William A. Schabas, “International law and the death penalty: reflecting or promoting
change?”, in Capital Punishment: Strategies for Abolition (eds. Hodgkinson & Schabas 2004),
p. 46.
84
See Marc J. Bossuyt, Guide to the “Travaux Préparatoires” of the International Covenant on
Civil and Political Rights (1987), pp. 113-145.
85
See, e.g., E/CN.4/SR.152, paras. 12-13 (“His delegation’s view [was] that the word ‘law’, as
understood in the covenant, referred exclusively to laws which were not contrary to the
principles of the [Universal] Declaration [of Human Rights]. … Unless such a formula was
included, the text of article 5 [now 6] would be acceptable to any dictator, as there would be
nothing to prevent him from enacting laws contrary to the spirit of the Declaration.”);
E/CN.4/SR.140, para. 38 (“[T]he greatest danger to be guarded against was that of actions of the
State against the individual. … Comparatively primitive and incautious in their methods until
recently, totalitarian states had since become very careful to preserve an appearance of legality
while arbitrarily killing their opponents.”).
86
A/2929, p. 83, para. 3. See also Manfred Nowak, CCPR Commentary (2nd revised ed. 2005),
pp. 127-128: “Although the term ‘arbitrarily’ was criticized as too vague, the HRComm [Human
Rights Commission] ultimately opted for it after lengthy discussion. … [In the Third Committee
of the General Assembly:] Despite strong criticism of the vagueness of the word ‘arbitrarily’ and
a Dutch proposal that Art. 6 be drafted along the same lines as Art. 2 of the ECHR, the majority
insisted on the formulation adopted by the HRComm, even though its meaning had not been
clarified. Several delegates took the opinion that arbitrarily was synonymous with the term
‘without due process of law’ common in Anglo-American law. Others argued that it contained
an ethical component, since national legislation could also be arbitrary. The Committee of
Experts, which had taken up the interpretation of this term at the request of the Committee of
Ministers of the Council of Europe, concurred with the view of the Chilean delegate in the
HRComm that arbitrary deprivation of life contained elements of unlawfulness and injustice, as
well as those of capriciousness and unreasonableness.”
87
A/2929, pp 83-84. The recognition that a death sentence cannot be imposed “contrary to the
provisions of the present Covenant and to the Convention on the Prevention and Punishment of
the Crime of Genocide” indicates another key limitation on what may constitute a capital crime.
Under international law, each individual may as of right exercise liberty of movement; choose
his or her own residence; leave any country; enjoy individual and family privacy; think freely,
adopt a religion or belief of his or her choice; manifest his or her religion or belief in worship,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents