A/HRC/39/19
economic crimes such as corruption 76 and bribery, 77 digging at ancient cultural sites and
reselling cultural relics,78 smuggling or the adulteration of food,79 kidnapping,80 apostasy and
crimes of blasphemy.81
21.
In August 2016, special procedure mandate holders condemned charges that carried the
death penalty brought against human rights activists in the Sudan which “appear to be directly
linked to their work in the defence of human rights, while exercising their rights to freedom of
expression and freedom of association”.82
22.
Several States, including Bangladesh, the Islamic Republic of Iran and Iraq, also used
the death penalty for terrorism-related crimes. The Human Rights Committee recommended
that Bangladesh ensure that the death penalty was not imposed for offences, such as the
financing of terrorism, which did not constitute the “most serious crimes”.83 In 2016, the High
Commissioner denounced mass executions in the Islamic Republic of Iran for purported
terrorism-related offences, stating that the “application of overly broad and vague criminal
charges, coupled with a disdain for the rights of the accused to due process and a fair trial have
in these cases led to a grave injustice”.84 The Special Rapporteur on extrajudicial, summary or
arbitrary executions noted that in Iraq, the Anti-Terrorism Law was overly broad and the “list of
crimes for which the death penalty is mandatory includes acts whose gravity falls below the
threshold of ‘most serious crimes’ necessary to impose such a sentence under international
norms”.85 The Special Rapporteur also noted that some countries had defined terrorist offences
very broadly and included non-violent acts or acts that would not constitute the “most serious
crimes” punishable by death. 86 On the 2016 World Day Against the Death Penalty, special
procedure mandate holders reminded States that “the imposition of the death penalty is an
ineffective deterrent for terrorism, and most times it is also an unlawful one”.87
23.
Consensual same-sex conduct is punishable by death in the Islamic Republic of Iran,
Mauritania, Saudi Arabia, the Sudan and Yemen, and parts of Nigeria and Somalia. 88 The
Independent Expert on protection against violence and discrimination based on sexual
orientation and gender identity stated that the “imposition of the death penalty for offences
related to homosexuality violates the right to life” as it they do not meet the threshold of “most
serious crimes”.89
76
77
78
79
80
81
82
83
84
85
86
87
88
89
For example, China (www.amnesty.org/download/Documents/ACT5079552018 ENGLISH.PDF, p. 10);
Viet Nam (see CCPR/C/VNM/3, para. 67); and Thailand (see CCPR/C/THA/CO/2, para. 17).
For example, Thailand (see CCPR/C/THA/CO/2, para. 17).
For example, China (www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF, p. 10).
For example, Bangladesh (see CCPR/C/BGD/CO/1, para. 23).
For example, Iraq (www.amnesty.org/download/Documents/ACT5079552018ENGLISH.PDF, p. 10).
For example, Pakistan (see CCPR/C/PAK/CO/1, para. 17 and CRC/C/PAK/CO/5, para. 30, and
submission from Justice Project Pakistan.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20435&LangID=E; and UA
SDN 6/2016
(https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=3326).
See CCPR/C/BGD/CO/1, para. 10.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20344&LangID=E; and
A/HRC/34/40, para. 11.
See A/HRC/38/44/Add.1, para. 47.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=20800&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20659&.
See A/HRC/38/43, para. 51.
See A/72/172, para. 32.
9
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