A/HRC/30/21
either introduced safeguards relating to the situation of individuals on death row, or held the
mandatory death penalty to be unconstitutional. Criminal procedure laws had been
amended to require interrogations of individuals to be recorded or videotaped, thereby
providing safeguards against miscarriages of justice. In some countries, reviews of all death
sentences by supreme courts had been mandated. Ms. Hossain also highlighted the fact that
there were examples of reform initiatives across the region, from which other countries
could learn.
19.
Ms. Hossain further emphasized that, while under international law, the death
penalty might only be imposed for the most serious crimes, in Asia it was still used in
relation to acts linked to sexual relations that were consensual, across sexes and between
the same sexes. She stated that, in some countries, conversion from, or renunciation of,
religion was considered a capital crime. The fact that laws in some countries continued to
allow for the mandatory use of the death penalty was of concern.
20.
Other challenges also highlighted by Ms. Hossain included: lack of respect for fairtrial standards; limited access to lawyers; lack of effective representation; lack of qualified
interpreters; absence of records of proceedings; unfair and inconsistent sentencing
practices; the fact that mitigating circumstances were often not taken into account; lack of
limited independence of the judiciary and the imposition of the death penalty through
special courts. People living in poverty continued to be disproportionally subjected to the
death penalty. Many countries across the region did not have meaningful legal aid
frameworks, which was particularly problematic in death penalty cases. Ms. Hossain also
expressed concerns regarding wrongful convictions, secrecy surrounding executions and
the method of execution. However, she reiterated that positions and discussions were
evolving within an increasing number of countries based on domestic and international
human rights standards, including provisions included in constitutions.
IV. Summary of the discussion
21.
During the interactive phase of the panel discussion, the following delegations
spoke: Singapore (on behalf of a group of States), Timor-Leste (on behalf of the
Community of Portuguese-speaking Countries), Argentina, Australia, Austria, Norway,
Belgium, Albania, Turkey, Paraguay, Netherlands, Brazil, Russian Federation, Slovenia,
South Africa, Republic of Moldova, Jamaica, Algeria, Mexico, Pakistan, United Kingdom
of Great Britain and Northern Ireland, France, Portugal, Lichtenstein, Ireland, Indonesia
and Sudan. The following intergovernmental, national human rights institutions and nongovernmental organizations also contributed to the discussion: European Union,
International Organization of la Francophonie, National Human Rights Commission of
Malaysia, Conseil national des droits de l’Homme du Maroc, Verein Sudwind
Entwicklungspolitik, Penal Reform International, Franciscans International, Amnesty
International, Friends World Committee for Consultation, and Commonwealth Human
Rights Initiative.5
5
6
Statements by the following delegations were not delivered due to lack of time: Chile, China, Costa
Rica, Council of Europe, Ecuador, Egypt, Fiji, Greece, Holy See, Italy, Morocco, Nepal, New
Zealand, Nigeria, Poland, Rwanda, Spain, Switzerland, the United Nations Children’s Fund and
Ahlulbayt Foundation. All statements are available for consultation from the secretariat of the Human
Rights Council.
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