Statement of the UN High Commissioner for Human Rights, Navi Pillay, at the Closing Ceremony of the 5th World Congress against the Death Penalty in Madrid, Spain

15 June 2013

Excellencies,
friends and colleagues,

I am grateful to the organisers of the 5th World Congress against the Death Penalty for the invitation to this closing ceremony. I regret that I was not able to be present for your deliberations over the past three days, but I would like to take this opportunity to add a few observations to your productive and comprehensive discussions.

Let me begin by stating unequivocally that the United Nations system has long advocated the abolition of the death penalty in all circumstances. The death penalty is hard to reconcile with fundamental human rights, most notably the right to life.

It is also becoming increasingly obvious that, in practice, the death penalty invariably entails cruel, inhuman or degrading treatment or punishment. For the individual affected, the cruelty inflicted by the death penalty starts long before he or she is put to death. It begins at the time of their conviction, extends through an often indeterminate period in which the condemned person is caught in a terrifying limbo: trapped between the fear of death, and the faint hope that an appeal or plea for clemency may spare his or her life.

Almost everywhere, the death penalty is also linked to the darkest periods of history – conflict, foreign occupation and dictatorship. Remnants of the historical links between oppression and the death penalty remain visible even in the few democratic States that retain the death penalty. Its application tends to be discriminatory. The poor, the powerless and persons belonging to minority communities make up a disproportionate number of those who are executed.

Currently, more than 150 countries have abolished the death penalty or do not practice it.

At the international level, States have been debating the desirability of the ultimate abolition of the death penalty ever since the 1960s.
Support for universal abolition continues to grow. Just last December, for example, the General Assembly adopted for the fourth time a resolution (67/176) on moratoriums on the use of the death penalty, aiming to abolish it, once again with an increased number of States voting in favour.

Moreover, States that retain the death penalty are – albeit with some notable exceptions – significantly reducing the number of individuals executed, or reducing the number of crimes that can result in capital punishment.

The growing number of State parties to the Second Optional Protocol to the International Covenant on Civil and Political Rights also reflects the international community’s move towards abolition. As of today, 76 States have ratified or acceded to the second optional protocol, and another 36 States are signatories. This optional protocol is the key international human rights treaty prohibiting the use of the death penalty in all circumstances. I urge all signatory States, as well as all other States who have not yet signed it to move quickly to join those who have already ratified it.

Despite these positive developments toward the universal abolition of the death penalty, I will not hide the fact that there have also been setbacks.

In particular, I am deeply concerned that some States with long-standing de facto moratoriums have suddenly resumed executions, or are considering reintroduction of the death penalty in their legislation.

I am also saddened to see that some States continue to execute people in flagrant violation of relevant international human rights norms and standards, including fair trial standards. In many States, the death penalty is still used for a wide range of crimes, such as ones relating to drugs, which do not meet the threshold of “most serious crimes.” It is striking, and deplorable, that even well-functioning legal systems in States that retain the death penalty have sentenced to death persons who ultimately were proved to be innocent.

I urge all States that resume executions, or continue to impose the death penalty, to immediately stop this regression in human rights protection, and to impose amoratorium.

We need to recognize that, all too often, national debates on capital punishment are mired in misinformation and fear. It is essential to debunk myths about the presumed deterrent effect of executing criminals. Research has shown that such an assumption is unfounded. Furthermore, we need to highlight more effectively the real danger of executing innocent people that exists even in the most sophisticated judicial systems. We must insist that the right to life – which is accepted by every State – is not undermined by the thirst for vengeance.

Friends,

I would like to take this opportunity to urge States to increase their cooperation with one another, and with civil society, to foster the emerging global consensus to abolish the death penalty. It is crucial that leaders champion abolition, and encourage their neighbours and allies to follow the same path. Even though the great majority of states no longer apply the death penalty, this majority does not speak with a sufficiently strong and united voice. I encourage States and civil society to use all opportunities to do so. Your support for United Nations initiatives aiming for universal abolition is crucial.

My office will continue to support pro-abolition programmes and activities of States, civil society organisations and other stakeholders at the international and national levels. As High Commissioner for Human Rights, I will continue to unapologetically and remorselessly raise the need for the abolition of the death penalty in my engagement with leaders.

In closing, I congratulate you on the successful completion of the 5th World Congress against the Death Penalty, which I believe will help advance our efforts to achieve universal abolition.

The death penalty is an affront to the right to life and the right to human dignity – our shared human dignity. Every time the State drags a fellow human being to the execution site and kills him or her in “the name of the people” – our name – a piece of our own human dignity is shattered. Let us all do our utmost to put a final stop to this inhumane practice.

Thank you for your attention.