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59.
The work of United Nations organs and human rights bodies have further elaborated on
these restrictions on the imposition of the death penalty. In 1984 the Economic and Social
Council, in its resolution 1984/50, approved Safeguards guaranteeing protection of the rights of
those facing the death penalty, which described the scope of the “most serious crimes” as
restricted to intentional crimes with lethal or other extremely grave consequences. The Special
Rapporteur on extrajudicial, arbitrary or summary executions has frequently intervened with
States for the imposition of the death penalty for offences such as political offences, conspiracy
between civil servants and soldiers, misappropriation of State or public property, treason,
espionage, indecency and refusal to divulge previous political activities. The Economic and
Social Council safeguards also extend the prohibition on the application of the death penalty to
new mothers and to persons who have become insane. The contents of this Council resolution
have been reaffirmed in subsequent resolutions of the same body and in resolutions of the former
Commission on Human Rights, which more clearly call upon States not to execute women with
dependent children or persons suffering from any mental or intellectual disabilities.
60.
Against this normative background, there is a current and continuing trend towards
abolition, suspension or the imposition of moratoria on executions. The latest quinquennial
report of the Secretary-General on capital punishment and the implementation of safeguards
guaranteeing protection of the rights of those facing the death penalty identifies an “encouraging
trend towards abolition and restriction of the use of capital punishment in most countries”. Both
the Human Rights Committee and the former Commission on Human Rights likewise
encouraged abolition. The Secretary-General has stated - and consistent United Nations practice
has been - that a United Nations-backed tribunal cannot allow for capital punishment. The
international criminal tribunals - the International Criminal Court (ICC), the International
Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for
Rwanda - uniformly have life imprisonment as the maximum penalty. The High Commissioner,
for her part, welcomes this trend and encourages States to become part of it.
V. SUPPORT FOR NEW STANDARD-SETTING INSTRUMENTS
61.
On 22 June 2006, the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment entered into force. The Optional
Protocol establishes the Subcommittee for the Prevention of Torture, which complements the
existing United Nations framework to combat torture and represents a historic step in the fight
against torture and other forms of ill-treatment.
62.
The monitoring mechanism created by the Optional Protocol is different from those
established under other United Nations human rights mechanisms. It provides for a system of
preventive visits, to be carried out in a complementary manner by independent international and
national experts. States parties undertake to grant access of these experts to all places where
individuals deprived of their liberty are held, and are mandated to interview such persons
confidentially. Such preventive visits, conducted on a regular and unannounced basis, will add
another effective tool to the existing mechanisms to prevent torture. The Optional Protocol is
also unique in providing for a system of national monitoring. My Office has begun its active
work with the Subcommittee, including supporting its first session.
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