A/HRC/36/27
Executioners told delegates how the pain and suffering they had endured while executing
prisoners had led them to become strong advocates against the death penalty. Some
representatives called for those who ordered the death penalty, in particular judges and
prosecutors, to witness executions, in the same way as families and executioners did, so that
they might fully understand the wider impact of the death penalty on families and other
individuals concerned.
V. Conclusions
47.
In their concluding remarks, the panellists emphasized that the international
community was moving towards the universal abolition of the death penalty and
recommended that the death penalty be abolished by those States that still continued
to use it. They expressed concern about the reintroduction of the death penalty in
some States and the breaking of moratoriums in others. In that regard, the panellists
recommended that every effort be made to reverse the trend to reintroduce the death
penalty and to maintain moratoriums.
48.
The panellists considered that the use of the death penalty posed fundamental
questions about human dignity and the moral authority of human society as a whole.
The emerging international consensus that the death penalty was a form of torture or
other cruel, inhuman or degrading treatment or punishment was highlighted, as was
the fact that a significant number of States already held that to be the case. The
panellists recommended that the Human Rights Council request a comprehensive
legal study on the emergence of a customary norm prohibiting the use of the death
penalty under all circumstances.
49.
The panellists acknowledged that abolition required political and public
support, as well as technical assistance. They urged all stakeholders, including States,
to cooperate and share knowledge so as to enable well-informed and inclusive
discussions about the abolition of the death penalty in all States. They suggested
reaching out to young people to explain the arguments in favour of abolishing the
death penalty, with a view to building consensus. The panellists also called for the
collection of disaggregated data on the number of executions, the number of prisoners
on death row and the time lapse from sentencing to execution. In compiling such data,
a wide range of socioeconomic factors should be considered.
50.
Pending abolition, the panellists recommended that all prisoners be treated in
accordance with international standards, including the right not to be subject to
torture or other cruel, inhuman or degrading treatment or punishment, that race and
other grounds of discrimination that contribute to unfair trials and unsafe convictions
be addressed and that transparency be ensured in death penalty cases.
51.
The panellists underlined the role played by United Nations human rights
mechanisms, in particular the human rights treaty bodies and the Human Rights
Council, including the universal periodic review process and the work of the special
procedure mandate holders, to advance discussions on the universal abolition of the
death penalty.
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