A/HRC/36/27
4.
Death row phenomenon
41.
Several representatives reflected on the national, regional and international human
rights jurisprudence that held that the death row phenomenon constituted torture or other
cruel, inhuman or degrading treatment or punishment (see A/67/279, paras. 42-51). They
noted, in particular, the undermining of human dignity, the inhuman and degrading
conditions of detention and the unimaginable anxiety and intense psychological suffering of
those on death row. Other delegates said that the foreknowledge of death at the hands of the
State inevitably gives rise to severe mental pain or suffering falling within the ambit of
torture and other cruel, inhuman or degrading treatment or punishment.
42.
Concern was also expressed about the lack of respect for the rights of persons facing
the death penalty abroad. In that regard, the panel was informed about a recent report
published by the Inter-American Commission on Human Rights concerning the violation of
the rights of an Argentinian on death row in the United States since 1996. The Commission
had found that the prisoner had been kept in solitary confinement, leading to serious mental
health issues, and that the detention conditions to which he was subjected constituted
torture and were contrary to the American Convention on Human Rights.
5.
Methods of execution
43.
Some representatives said that, in terms of the physical pain and suffering caused by
the death penalty, there was no evidence that any of the methods in use complied with the
prohibition of torture and other cruel, inhuman or degrading treatment or punishment in
every case. In its resolution 30/5, the Human Rights Council had recalled that all methods
of execution could inflict inordinate pain and suffering and the former Special Rapporteur
on torture and other cruel, inhuman or degrading treatment or punishment had stated that all
forms of execution caused unacceptable levels of pain and suffering.
44.
Representatives referred to the European Union ban on the export of drugs used in
lethal injections, 16 noting that the side effect of some drugs caused prolonged and
unnecessary pain. They also recalled the measures taken by pharmaceutical companies in
the United States to prevent the use of their medicines in executions and the court order
directing the United States Food and Drug Administration to prevent the illegal importation
of drugs used in executions. The Committee against Torture too had indicated that the use
of lethal injections should be reviewed owing to their potential to cause severe pain and
suffering (see CAT/C/USA/CO/2, para. 31, and CAT/C/USA/CO/3-5, para. 25). It was
further noted that low-quality lethal injections or other methods leading to physical torture
should be condemned and revised.
6.
Impact on families and other individuals concerned
45.
Some representatives discussed the impact of the death penalty on family members
and other individuals around them. They reported that the children of parents sentenced to
death suffered trauma and long-term consequences. The human rights of children of parents
sentenced to death or executed in particular needed to be addressed, as did the anguish of
relatives who did not know when their relative would be executed, who could not visit them
or say their farewells. The lack of proper notice regarding the time and date of executions
was particularly worrying. Representatives highlighted the cruelty of denying people a
second chance at life in society and of denying families a second chance of life with their
loved ones. States should render the process of clemency pleas more accessible and
transparent, and they should demonstrate respect for the life, well-being and dignity of all
concerned.
46.
In addition, the use of the death penalty negatively affected other individuals.
Attention was drawn to the pain and trauma suffered by executioners, some of whom had
spoken with delegates during the seventy-first session of the General Assembly.
16
12
Regulation (EU) 2016/2134 of the European Parliament and of the Council of 23 November 2016
amending Council Regulation (EC) No. 1236/2005 concerning trade in certain goods which could be
used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents