A/HRC/27/23 V. Application of safeguards guaranteeing protection of the rights of those facing the death penalty A. Restriction of use of the death penalty to “most serious crimes” 28. In accordance with article 6, paragraph 2, of the International Covenant on Civil and Political Rights, States that have not yet abolished the death penalty should only impose it for the “most serious crimes”. In international human rights jurisprudence, that term has been interpreted as allowing the death penalty to be applied only to the crime of murder or intentional killing.23 However, the death penalty continues to be applied in some countries for crimes or acts not involving intentional killings, such as “drug-related offences”, “consensual sexual acts”, economic and political crimes, robbery, blasphemy, witchcraft and sorcery. 1. Use of the death penalty for “drug-related offences” 29. Drug-related offences do not meet the threshold of “most serious crimes” (see A/50/40, para. 449, and A/55/40 (Vol. I), para. 464). There is no persuasive evidence that the use of the death penalty is a greater deterrent than other methods of punishment in eradicating drug trafficking or other drug-related offences. Nevertheless, 32 countries or territories24 continue to impose the death penalty for drug-related offences in their legislation. In some countries, drug offences account for the majority of death sentences handed down and executions carried out. 30. Human rights treaty bodies continue to address the issue of the use of the death penalty for drug crimes. For instance, the Human Rights Committee recommended that Indonesia review its legislation to ensure that crimes involving narcotics are not punishable by death (CCPR/C/IDN/CO/1, para. 10). 31. The International Narcotics Control Board discussed the imposition of the death penalty for drug-related offences at its 109th session, held in February 2014. Subsequently, in a note verbale addressed to all Member States issued on March 2014, the Board encouraged States that still imposed the death penalty for drug-related offences to abolish that punishment. 2. Use of the death penalty for consensual sexual acts between adults 32. The use of the death penalty for acts in connection with consensual sexual relations and activities do not meet the threshold of “most serious crimes.” At least 10 States25 continue to impose and carry out the death penalty in connection with actual or purported engagement in consensual sexual acts, such as “adultery” and “sodomy”. Laws criminalizing actual or purported engagement by adults in consensual sexual relations, including extramarital sex and premarital sex, contravene international human rights law and standards (see, for example, A/53/40 (Vol. I), para. 119). 23 24 25 8 See E/2010/10, paras. 59–68 for further information on “most serious crimes”. Bahrain, Bangladesh, Brunei Darussalam, China, Cuba, Egypt, State of Palestine (Gaza), India, Indonesia, Islamic Republic of Iran, Iraq, Kuwait, Lao People’s Democratic Republic, Libya, Malaysia, Myanmar, the Democratic People’s Republic of Korea, Oman, Pakistan, Qatar, the Republic of Korea, Saudi Arabia, Singapore, Sri Lanka, the Sudan, Syrian Arab Republic, Taiwan Province of China, Thailand, United Arab Emirates, United States of America, Viet Nam and Yemen. Afghanistan, Brunei Darussalam, the Islamic Republic of Iran, Mauritania, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan and Yemen.