A/HRC/30/21
He cautioned, however, that challenges remained: despite the overall trend towards
abolition, some States had decided to maintain or reintroduce the death penalty, and others
continued to impose death sentences for drug-related crimes. In that context, the Assistant
Secretary-General questioned the death penalty’s value as a deterrent, pointing out that
there was no evidence that the death penalty discouraged anyone from committing crimes.
He encouraged Member States to focus their crime prevention efforts on strengthening their
justice systems, since all too often it was the poor and marginalized foot soldiers of the drug
trade who were executed, rather than the drug kingpins. He also urged Member States not
to accept opinion polls in favour of retention, because public opinion might be based on
misconceptions about the deterrent effect and fairness of the application of the death
penalty. It had been empirically proved that, the more a population was aware of facts, the
less it supported the death penalty. He called on retentionist States to provide public,
accurate and timely figures on their application of the death penalty and on crime statistics.
The Assistant Secretary-General concluded by labelling the death penalty an inhuman and
outdated punishment, and called on Member States to work together to render their justice
systems more effective without resorting to executing immigrants, minorities, the poor and
those with disabilities in order to demonstrate a commitment to fighting crime.
III. Contribution of the panellists
6.
In her introductory remarks, as moderator of the Panel, Ms. Dreifuss stated that
humanity had made considerable advances towards the universal abolition of the death
penalty, given the ever-increasing number of abolitionist States. She mentioned that the
reality of the death penalty had become very clear: it was accompanied by high levels of
social discrimination; it did not deter crime; and there was no link between maintaining the
death penalty and reducing violence in a society. She remarked that exchanging experience
and raising awareness about the death penalty had helped to create a situation where entire
regions and continents of the world were “death penalty free”.
7.
In response to questions from the moderator, Ms. Kayitesi’s remarks focused on
issues linked to the progress made towards the abolition of the death penalty in Africa since
1999, when the African Commission on Human and Peoples’ Rights adopted a resolution
urging States parties to the African Charter on Human and Peoples’ Rights to implement a
moratorium on the death penalty and encouraging its abolition.
8.
Ms. Zainabo Kayitesi pointed out that a working group on the death penalty in
Africa had been created by the African Commission on Human and Peoples’ Rights in
2005, the mandate of which was to give effect to article 4 of the African Charter on Human
and Peoples’ Rights, which enshrined the right to life. The Commission had also carried out
a study on the death penalty in Africa, which recommended the drafting of an additional
protocol to the Charter abolishing the death penalty. 1 The Commission had reviewed the
draft protocol to the Charter in February 2015, and it was anticipated that the draft would be
adopted during a regular meeting of the Commission by the end of 2015. She underlined
that the draft protocol filled a legal gap in the Charter, and would provide a useful regional
tool on the road to universal abolition of the death penalty. In addition, a series of regional
conferences had brought together States, national human rights institutions, civil society,
academics, and representatives of the African Union. At the Continental Conference on the
1
“Study on the question of the death penalty in Africa”, submitted by the Working Group on the Death
Penalty in Africa in accordance with resolution ACHPR/Res.79 (XXXVIII) 05; adopted by the
African Commission on Human and Peoples’ Rights at its 50th ordinary session (24 October–
7 November 2011), Banjul, The Gambia.
3
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