A/HRC/4/20
page 33
149
Ibid.
150
Kennedy v. Trinidad and Tobago, Communication No. 845/1998 (2002), para. 7.3.
151
The HRC has affirmed its holding in Thompson in a number of its other final views.
Kennedy v. Trinidad and Tobago, Communication No. 845/1998 (2002); Carpo et al. v. The
Philippines, No. 1077/2002 (2002); Pagdayawon Rolando v. Philippines, Communication
No. 1110/2002 (2004); Ramil Rayos v. Philippines, Communication No. 1167/2003 (2004);
Hussain et al. v. Guyana, Communication No. 862/1999 (2005); Mr. Webby Chisanga v.
Zambia, Communication No. 1132/2002 (2005); Lawrence Chan v. Guyana, Communication
No. 913/2000 (2006); Larrañaga v. the Philippines, Communication No. 1421/2005 (2006);
Raymond Persaud and Rampersaud v. Guyana, Communication No. 812/1998 (2006).
152
The logical structure of the conclusion reached by these various judicial and quasi-judicial
bodies was clearly stated by the Privy Council in Bowe in the following syllogism:
(1)
It is a fundamental principle of just sentencing that the punishment imposed on a
convicted defendant should be proportionate to the gravity of the crime of which he has been
convicted;
(2)
The criminal culpability of those convicted of murder varies very widely;
(3)
Not all those convicted of murder deserve to die.
Bowe v. The Queen, Privy Council Appeal No. 44 of 2005 (8 March 2006) (appeal from the
Court of Appeal of the Bahamas), para. 29.
153
Mithu v. State of Pubjab, 2 S.C.R. 690, 704, 707-708 (1983) (internal citations and quotation
marks omitted).
154
Mithu v. State of Pubjab, 2 S.C.R. 690, 704 (1983).
155
HRC, General Comment 6 (1982) (emphasis added); see also Baboeram et al. v. Suriname,
Communication No. 146/1983 and 148 to 154/1983 (1985), para. 14.
156
Woodson et al. v. North Carolina, 428 U.S. 280, 304-305 (1976) (internal citations omitted).
-----
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents