A/HRC/27/23
33.
In addition, although the language of such laws may be gender neutral and may not
appear to directly discriminate against women, in practice, their application and
enforcement often disproportionately affect women’s enjoyment of their rights. Studies
repeatedly demonstrate that women are more likely to be sentenced to death for such
crimes, owing to deeply entrenched discriminatory societal attitudes and the biases against
women suspected of adultery or of engaging in extramarital relationships among the
judiciary and law enforcement officers (A/HRC/23/49/Add.5, para. 6).26
34.
Imposition of the death penalty for offences relating to consensual adult homosexual
conduct continues to be provided for in the legislation of a few States. The Human Rights
Committee expressed concerns that, in Mauritania, homosexuality is a crime punishable by
death. Such punishment violates the provisions of the International Covenant on Civil and
Political Rights (arts. 2, 6, 17 and 26) and the Committee recommended that Mauritania
decriminalize homosexuality (CCPR/C/MRT/CO/1, para. 8). While reviewing a periodic
report of the Islamic Republic of Iran, the Committee on Economic, Social and Cultural
Rights expressed concern over the criminalization of consensual same-sex sexual activity
and the possibility that convicted persons may be subject to the death penalty
(E/C.12/IRN/CO/2, para. 7).
3.
Use of the death penalty for blasphemy, apostasy and religious offences
35.
In some countries, conversion from Islam or the renunciation of Islam is considered
apostasy and a capital crime. The death penalty has also been extended on the basis of
sharia law to cases of blasphemy. According to international human rights jurisprudence,
none of those crimes meets the threshold of “most serious crimes.” (CCPR/C/79/Add.85,
para. 8).
36.
Twelve States have continued to impose the death penalty for the “crime” of
apostasy: Afghanistan, the Islamic Republic of Iran, Malaysia,27 Maldives, Mauritania,
Nigeria,28 Qatar, Saudi Arabia, Somalia, the Sudan, the United Arab Emirates and Yemen.29
Five States continued to allow capital punishment for blasphemy: Afghanistan, Brunei
Darussalam, the Islamic Republic of Iran, Pakistan, Saudi Arabia and the United Arab
Emirates. In four States, armed groups were also implementing sharia punishment,
including death, for “offences” to religion: Al-Shabaab in Somalia, Boko Haram and other
armed groups in Nigeria, the Taliban in Afghanistan and jihadist groups in the Syrian Arab
Republic.
4.
Use of the death penalty for “acts of terrorism”
37.
Serious concerns have been raised, including by United Nations human rights bodies
and mechanisms, about the adoption and application in many States of legislation
containing overly broad and vague definitions of terrorist offences. The High
Commissioner for Human Rights has noted that such laws fail to comply with the principle
of legality, as they do not provide reasonable notice of what actions they cover, or are so
broad that they cover actions that either should not reasonably be deemed terrorist in nature
or not considered to be crimes at all (A/HRC/22/26, paras. 21 and 34). In such cases, the
26
27
28
29
See also submission to OHCHR of Women Living under the Muslim Laws and the International
Solidarity Network dated 15 December 2013.
Despite contradicting federal law, the State governments of Kelantan and Terengganu passed laws in
1993 and 2002, respectively, making apostasy a capital offence.
In 12 northern States.
See International Humanist and Ethical Union, “Freedom of thought 2013: A global report on the
rights, legal status, and discrimination against humanists, atheists, and the non-religious”, 2014.
9
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