A/HRC/21/29
offenders were executed in the first six weeks of 2012.21 There are around 4,000 Afghan
refugees on death row for drug-related offences in the Islamic Republic of Iran.22 In
Indonesia, 50 of 87 individuals on death row have been convicted of drug-related offences,
although no execution has been carried out since 2008 .23 Singapore has reportedly executed
326 drug offenders since 1991, including two that were executed in 2011.24 An unknown
number of people have been put to death in China and the Democratic People’s Republic of
Korea for drug-related offences and at least 27 people were sentenced to death in 2011 in
Viet Nam for smuggling drugs.25 Nine death sentences for drugs-related offences were
handed down in Thailand in 201126 and as of early 2012 there were at least 245 people on
death row for drug offences there.27 In this regard, a reported amendment to the Narcotics
Act of Viet Nam, which would shorten appeals times and expedite executions, is of
significant concern because of the number of people on death row and the drug offenders
among them.
26.
Nearly every State in the world has become a party to treaties 28 that include
obligations to take steps to reduce supply of, and demand for, controlled drugs through the
imposition of sanctions; confiscation of proceeds; provision of mutual legal assistance in
investigations, prosecutions and judicial proceedings and other forms of cooperation and
training. However, as 32 countries or territories prescribe the death penalty for drug-related
offences, cooperative assistance – such as technical or financial aid, provision of materials,
intelligence-sharing and mutual legal assistance – could facilitate the apprehension of
alleged drug offenders, who may be subject to the death penalty in violation of international
human rights law. There has been developing recognition of the need to systematize
international law enforcement efforts to ensure that cross-border cooperation does not lead
to penalties that would violate international human rights law.
27.
Donor States and international organizations that provide support to drugs-control
projects in retentionist States need to ensure that such assistance does not facilitate and
legitimize the use of the death penalty in cases that would not be acceptable in accordance
with international standards and safeguards. In this regard, in May 2012, the United Nations
Office on Drugs and Crimes (UNODC) published a paper to articulate its position on the
promotion and protection of human rights as part of its work. Taking note of applicable
international standards, the paper noted that if “a country actively continues to apply the
death penalty for drug offences, UNODC places itself in a very vulnerable position vis-àvis its responsibility to respect human rights if it maintains support to law enforcement
units, prosecutors or courts within the criminal justice system”. It further noted that “at the
very least, continued support in such circumstances can be perceived as legitimizing
government actions. If, following requests for guarantees and high-level political
21
22
23
24
25
26
27
28
8
Written updated submission of Harm Reduction International, May 2012.
Death Sentences and Executions, p. 36.
See Anti-Death Penalty Asia Network, When Justice Fails: Thousands executed in Asia after unfair
trials (London, Amnesty International, 2011), p. 27.
“Trending Down: The number of people hanged in Singapore”, figures attributed to Ministry of
Home Affairs, Straits Times, 29 February 2012. Available from
www.straitstimes.com/STI/STIMEDIA/pdf/20120229/ST_IMAGES_VANEWDEATH.pdf.
Le Nga, “Viet Nam: Five Sentenced to Death for Trading Heroin”, 30 December 2011. Available
from www.thanhniennews.com/index/pages/20111230-five-sentenced-to-death-for-tradingheroin.aspx.
Death Sentences and Executions, p. 27.
Harm Redaction International submission.
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
Convention on Psychotropic Substances and United Nations Convention against Transnational
Organized Crime.
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