A/HRC/45/20
execution process, the arguments for abolition and alternatives to capital punishment, the
more they agreed with abolition.70
22.
It remains difficult to obtain up-to-date and accurate global figures on the
application of the death penalty. Belarus, China and Viet Nam continue to classify data on
the use of the death penalty as a State secret, 71 and little to no information is available on
some countries. 72 United Nations treaty bodies have urged Viet Nam to establish an
effective system for collecting statistical data at the national level, which should include
disaggregated information on the use of the death penalty and the number of prisoners on
death row, 73 and publish official figures regarding death sentences and executions,
disaggregated by sex, age, ethnicity, religion and crime.74 In the United States, research was
undertaken on laws and policies that make information about executions inaccessible to the
public, pharmaceutical companies and prisoners. 75
23.
In some States, information regarding the date of executions continues to be
withheld from family members and lawyers. The Human Rights Committee recalled that
failure to provide relatives with information on the circumstances of the death of an
individual could violate their rights under article 7 of the Covenant, as could failure to
inform them of the location of the body and of the date on which the State party planned to
carry out the death penalty.76 In its submission, Saudi Arabia indicated that the authorities
buried the body of those it executed; reports indicate that the bodies of some individuals
who are executed are withheld from their families. 77 With regard to Belarus, the Human
Rights Committee expressed concern about individuals on death row and their relatives not
being notified about the date of execution, the body of the executed individuals not being
returned to the relatives and the burial site not being disclosed, 78 and concluded that such
practice constituted a violation of article 7 of the Covenant.79 With regard to Viet Nam, the
Committee recommended that reasonable advance notice of the scheduled date and time of
execution be given to death row inmates and their families. 80 Reportedly, the new criminal
law enforcement act allows family members to claim the bodies for burial after the
executions, while not providing for a final meeting between the prisoners and their
families.81 In China, courts of first instance must notify the prisoner and relatives of the
imminent execution and allow them to meet. At the discretion of the court, the person may
also meet their extended family and friends for the last time.82
IV. Safeguards guaranteeing the protection of the rights of those
facing the death penalty
24.
In its resolution 42/24, the Human Rights Council reaffirmed the safeguards
guaranteeing the protection of persons facing the death penalty – the internationally
recognized minimum standards to be observed by States that continue to impose capital
punishment.83 The Human Rights Committee adopted general comment No. 36 on the right
to life, elaborating upon the term “most serious crimes”, mandatory death sentences,
70
71
72
73
74
75
76
77
78
79
80
81
82
83
See https://rm.coe.int/2019-joint-declaration-final-003-/16809818b6.
See www.amnesty.org/en/documents/act50/9870/2019/en/, p. 6;
www.amnesty.org/en/documents/act50/1847/2020/en/, p. 6.
See www.amnesty.org/en/documents/act50/9870/2019/en/, p. 6 (e.g., China, the Democratic People’s
Republic of Korea, the Lao People’s Democratic Republic and the Syrian Arab Republic).
CAT/C/VNM/CO/1, para. 42.
CCPR/C/VNM/CO/3, para. 24 (e).
See https://files.deathpenaltyinfo.org/documents/pdf/SecrecyReport-2.f1560295685.pdf.
General comment No. 36, para. 56.
European Saudi Organization for Human Rights submission.
CCPR/C/BLR/CO/5, para. 27 (b).
Grunov and Grunova v. Belarus (CCPR/C/123/D/2375/2014-CCPR/C/123/D/2690/2015), paras. 8.2
and 8.7.
CCPR/C/VNM/CO/3, para. 24 (c).
See www.amnesty.org/en/documents/act50/1847/2020/en/, p. 31.
Ibid., p. 25.
See Economic and Social Council resolution 1984/50, annex; E/2015/49 and Corr.1, para. 60.
7
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