A/HRC/12/45
page 4
crime did not result, and was not intended to result, in the victim’s death. The suit was brought
by an individual sentenced to death for raping a child under a law in the State of Louisiana. The
majority of the Court however indicated that its decision was limited to crimes against individual
persons and not offences against the State, of which it gave the examples of treason, espionage,
terrorism, and “drug kingpin activity”.1
7.
A number of countries are considering reducing the number of offences which attract the
death penalty. For example, such a process has been taking place in Viet Nam since 2008 and it
was reported in July 2009 that the National Assembly of Viet Nam voted to abolish the death
penalty for the crimes of rape, fraud for appropriating property, smuggling, making and
trafficking in counterfeit money, using drugs, giving bribes, hijacking or piracy and destroying
military weapons. The punishment will be maintained for drug trafficking.
8.
In January 2009 the Supreme Court of Uganda, while upholding the constitutionality of the
country’s death penalty, found that execution by hanging was cruel punishment and
recommended that Parliament consider another means of execution. The Court also held it
unreasonable to keep convicts on death row for more than three years, and those held for longer
should have their sentences commuted to life in prison.
9.
It was reported in July 2009 that Kazakhstan had restricted the use of the death penalty to
terrorist crimes involving the death of people and also for felonies committed in times of war.
10. The Special Rapporteur on extrajudicial, summary or arbitrary executions received
information in December 2008 that the Parliament of Papua New Guinea was considering a draft
juvenile justice act that would exclude the imposition of the death penalty for juvenile offenders
(A/HRC/11/2, para. 41).
D. Countries which have ratified international instruments that
provide for the abolition of the death penalty
11. There are one international and three regional instruments in force which commit States
parties to abolishing the death penalty: the Second Optional Protocol to the International
Covenant on Civil and Political Rights (ICCPR); Protocol No. 6 to the European Convention on
Human Rights (ECHR); Protocol No. 13 to ECHR; and the Protocol to the American Convention
on Human Rights (ACHR) to Abolish the Death Penalty. Protocol No. 6 to ECHR concerns the
abolition of the death penalty in peacetime. The Second Optional Protocol to ICCPR and the
Protocol to ACHR provide for the total abolition of the death penalty, but allow States wishing to
do so to retain the death penalty in wartime, if they make a reservation to that effect upon
ratification. Protocol No. 13 concerns the abolition of the death penalty in all circumstances,
including for acts committed in times of war and of imminent threat of war.
12. During the reporting period, two States acceded to the Second Optional Protocol to
ICCPR, namely, Rwanda on 15 December 2008 and Uzbekistan on 23 December 2008. Three
1
128 S.Ct. 2641.
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