A/HRC/42/25
I. Introduction
1.
Pursuant to its resolution 26/2, the Human Rights Council held its third biennial
high-level panel discussion on the question of the death penalty on 26 February 2019, at its
fortieth session. The aim of the panel discussion, as specified in resolution 36/17, was to
address human rights violations related to the use of the death penalty, in particular with
respect to the rights to non-discrimination and equality.
2.
The panel was chaired by the President of the Human Rights Council, Coly Seck.
Opening statements were delivered by the High Commissioner for Human Rights, Michelle
Bachelet, and the Deputy Prime Minister and Minister of Foreign Affairs and European
Affairs, and of Defence in charge of Beliris and of the federal cultural institutions of
Belgium, Didier Reynders. The panel was moderated by the Chair of the Human Rights
Committee, Yuval Shany. The panellists were the Minister for Foreign Affairs of Nepal,
Pradeep Kumar Gyawali; the Director of the Justice Institute Guyana, Melinda Janki; and
lawyer and co-founder of the Mauritanian Human Rights Association, Fatimata M’Baye.
II. Opening remarks and statements
3.
In his introductory remarks, Mr. Seck reminded the Council that the panel
discussion was being held pursuant to its resolutions 26/2 and 36/17. Resolution 36/17
stipulated that the theme of the discussion would be violations related to the use of the
death penalty, in particular with respect to the rights to non-discrimination and equality.
4.
In her opening remarks, the High Commissioner stressed that the United Nations
opposed the use of the death penalty everywhere and in all circumstances. The international
trend was towards abolition, and some 170 States with a variety of legal systems, traditions,
cultures and religions had either abolished the death penalty in law or did not carry out
executions in practice. A record 121 States had voted in favour of General Assembly
resolution 73/175 on a moratorium on the use of the death penalty in December 2018.
5.
The High Commissioner noted that discrimination was never more evident than
when one looked at the persons on death row. Prison visits conducted by her Office
consistently revealed that death rows were disproportionately populated by the poor and
economically vulnerable; members of ethnic minorities; persons with psychosocial or
intellectual disabilities; foreign nationals; indigenous persons; and other marginalized
members of society. Poverty, illiteracy and language barriers often resulted in non-respect
of the right to effective legal representation of defendants facing the death penalty. Too
often, foreign nationals were not promptly informed of their right to consular assistance.
Any one of those breaches of due process rendered the application of this most severe and
irreversible punishment arbitrary.
6.
The High Commissioner noted that some persons were sentenced to death simply for
having expressed an opinion, for membership of a political group, for exercising their
freedom of religion, which included the freedom to leave a religion, or for being part of the
lesbian, gay, bisexual, transgender and intersex (LGBTI) community. Condemning a person
to death for conduct that should not be criminalized was never compatible with a State’s
human rights obligations. Women faced gender discrimination in the application of the
death penalty, and a recent report by the Cornell Center on the Death Penalty Worldwide
showed that they were judged not only on the basis of their crime, but because they were
perceived to have betrayed traditional gender roles. 1 Some women were sentenced to death
for perceived moral transgressions, such as adultery, or even for witchcraft. Women
sentenced to death for murdering their partners had often been victims of severe and
repeated domestic abuse for years, and had lived in fear for their lives, but the law in their
countries recognized self-defence as a legal defence only in the case of direct and imminent
lethal threat.
1
2
Cornell Center on the Death Penalty Worldwide, Judged for More than Her Crime: A Global
Overview of Women Facing the Death Penalty (2018).
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