A/HRC/42/11/Add.1 Recommendation Position 121.31 Not Accepted 121.32 Not Accepted 121.33 Accepted 121.34 Accepted 121.35 Accepted 121.36 Not Accepted The promulgation of the Syariah Penal Code Order, 2013 (SPCO) is to preserve and protect religion, life, intellect, lineage and property. It is applied uniformly regardless of gender and in line with Brunei Darussalam’s religious and cultural norms that are highly valued in our society. The corporal punishments in the SPCO will not be carried out arbitrarily and are intended to protect the society against serious crimes through the mechanism of deterrence, ensuring justice for the victims and their family and generally to preserve peace, morality and decency of the public. The basic rights of the accused are guaranteed throughout all stages of criminal proceedings, with various stringent safeguards to ensure a fair and proper administration of justice as well as high evidential threshold required for prosecution for offences of hadd and qisas. A de facto moratorium on the execution of death penalty for cases under the common law has been extended to cases under the SPCO which provides a wider scope for remission. 121.37 Not Accepted See 121.36 121.38 Not Accepted See 121.36 The law is there to respect and protect the religion and social fabric and values of Brunei society. On the issue of homosexual acts, Brunei Darussalam affirms the right of privacy of individuals. 121.39 Not Accepted See 121.36 121.40 Not Accepted See 121.38 121.41 Not Accepted See 121.38 121.42 Not Accepted See 121.36 121.43 Not Accepted See 121.36 121.44 Not Accepted See 121.36 4