人权理事会举行关于死刑问题的高级别小组讨论（部分翻译）

人权理事会
下午

2015年3月4日

人权理事会今天下午举行了两年一次的死刑问题高级别小组讨论，聚焦于旨在废除死刑的区域努力和在此方面面对的挑战。

人权理事会主席约阿希姆·卢埃克（Joachim Rücker）表示，根据国际法，死刑被视为极端的惩罚形式，如果一定要使用，只应在公平审判后用于最严重的犯罪。

联合国主管人权事务助理秘书长伊万·西蒙诺维奇为小组讨论致开场词，他说，区域方针有助于全球废除死刑。目前，全世界各区域约有160个国家已经完全废除死刑或不再使用死刑。尽管有所进步，即便没有证据表明死刑能够威慑犯罪，一些国家仍朝着保留乃至重新引入死刑的方向前进。

瑞士联邦前总统露特·德莱富斯（Ruth Dreifuss）担任讨论的主持人。小组成员有：非洲人权和人民权利委员会主席扎伊那波·西尔维·凯伊特西（Zainabo Sylvie Kayitesi）；欧盟人权事务特别代表斯塔夫罗斯·兰布里尼蒂斯（Stavros Lambrinidis）；美洲国家间人权委员会主席特雷西·罗宾逊（Tracy Robinson）；国际反死刑委员会的委员穆罕默德·贝德贾维（Mohammed Bedjaoui）；国际法学家委员会的亚太专员萨拉·侯赛因（Sara Hossain）。

瑞士联邦前总统兼主持人露特·德莱富斯说，废除死刑的趋势已经显著加快。保留死刑不能保证降低犯罪率。

非洲人权和人民权利委员会主席扎伊那波·西尔维·凯伊特西说，自1999年以来，委员会一直积极致力于废除死刑。今天，非洲有23个国家可被视为事实上已废除死刑，只有9个国家仍在实施死刑。

欧盟人权事务特别代表斯塔夫罗斯·兰布里尼蒂斯说，欧洲不加保留地致力于废除死刑。一个国家若要成为欧盟成员国，必须已经废除死刑并开展许多其他改革。

美洲国家间人权委员会主席特雷西·罗宾逊说，美洲地区有着稳固的废除死刑传统。美国是美洲地区唯一实施死刑的国家，即便如此，该国使用死刑的趋势也在改变。

国际反死刑委员会的委员穆罕默德·贝德贾维说，国际法中没有规定要明确废除死刑。这是国际法的一处空白。阿拉伯宪章与世界上其他类似文件不相上下，除了废除死刑的欧洲法律。

国际法学家委员会的亚太专员萨拉·侯赛因提到了该区域的具体挑战，并表示处决只在少数几个国家实施。那些国家存在废除死刑的希望。其中的挑战包括：将死刑用于一般犯罪，而不是最严重罪行；缺少公平审判；通过特别法院判处死刑。

在随后的讨论中，发言人对全世界使用死刑的增加表示关切，并呼吁将其废除。死刑侵犯了生命权与人格尊严，构成了与人权不相符的不人道待遇。发言人对死刑的不可逆性质、对没有证据表明其威慑犯罪表示关切。其他发言人认为，死刑并不是人权问题，而是各国确定其自身司法系统的主权的一部分。仍在使用死刑的各个国家的代表团强调，这种刑罚只用于最严重犯罪，并遵守正当程序保证，同时要求考虑对该问题的多元意见。

进行发言的国家有：塞拉利昂、博茨瓦纳、沙特阿拉伯、纳米比亚、代表24个国家的新加坡、代表葡萄牙语国家共同体的东帝汶、阿根廷、澳大利亚、奥地利、挪威、比利时、阿尔巴尼亚、欧盟、法语国家国际组织、土耳其、巴拉圭、荷兰、巴西、俄罗斯联邦、斯洛文尼亚、南非、摩尔多瓦共和国、牙买加、阿尔及利亚、墨西哥、巴基斯坦、英国、法国、葡萄牙、列支敦士登、爱尔兰、印度尼西亚、苏丹。

马来西亚人权委员会（SUHAKAM）、南风发展政策协会（Verein Sudwind Entwicklungspolitik）、刑法改革国际（Penal Reform International）、摩洛哥国家人权机构、国际方济会、国际特赦组织、公谊会世界协商委员会（Friends World Committee for Consultation，Quakers）和共同体人权倡议（Commonwealth Human Rights Initiative）也做了发言。

理事会将在3月5日（周四）上午9点举行下一场会议，结束高级别部分，随后由人权事务高级专员呈报年度报告，并与高级专员开展互动对话。


开场发言

人权理事会主席约阿希姆·卢埃克在介绍发言中表示，今天的小组讨论将涉及旨在废除死刑的区域努力和在此方面面对的挑战。主席忆及特别报告员克里斯托夫·海恩斯（Christopher Heyns）的话：根据国际法，死刑被视为极端的惩罚形式，如果一定要使用，只应在公平审判等保障措施后用于最严重的犯罪。各国对死刑问题的立场各不相同。目前，全球已有大约160个国家废除死刑、引入暂缓机制或不再使用死刑。尽管这是一大成就，但一些国家似乎正在倒退，这是令人关切的问题。

联合国主管人权事务助理秘书长伊万·西蒙诺维奇在开场发言中说，区域方针可有助于全球废除死刑。多项积极的区域努力已经为全球废除死刑的趋势做出了贡献。例如，美洲在1867年见证了委内瑞拉成为首个废除死刑的国家，见证了旨在废除死刑的《美洲国家间人权公约的议定书》于1990年获得通过；非洲人权和人民权利委员会在2014年通过了《科托努宣言》，宣言呼吁在非洲大陆终止死刑；欧洲委员会也把废除死刑作为加入委员会的前提。目前，世界各区域约有160个国家已经完全废除死刑或不再使用死刑；过去6个月中，死刑在乍得、斐济和马达加斯加相继被废除，去年12月，支持大会呼吁暂停处决并旨在废除死刑的决议的国家数量创下纪录。

尽管有所进步，一些国家却向着保留乃至重新引入死刑的方向前进：2013年，实行处决的国家和处决受害者人数均超过2012年。一些国家对死刑的理由是，这是大部分人口的要求，或者是如果没有死刑，就不可能打击毒品贩运或恐怖主义。然而，没有证据表明死刑能威慑任何犯罪；预防犯罪的焦点应该放在加强司法系统和使其更加有效方面。此外，死刑保留国要对使用死刑的情况提供公开、准确而及时的数字，提供犯罪数据，这一点十分重要，因为这种公开性有助于各国开展科学分析，基于事实、知识和理解，使民意更加倾向于废除死刑。西蒙诺维奇先生最后表示，没有必要通过杀死移徙者、少数群体、穷人和残疾人来表明对打击犯罪的承诺。他呼吁各方齐心协力，提高司法系统的有效性，同时不要诉诸于死刑这种不人道且过时的惩罚模式。

Statement by the Moderator of the Panel

RUTH DREIFUSS, Former President of the Swiss Confederation and moderator, in her opening remarks, said that a lot of ground had been covered in the work towards the abolition of the death penalty. That trend had accelerated quite remarkably. About 100 countries had abolished it, 50 countries had de facto abolished it, whereas other countries were working towards abolition. The panel would look into the most recent abolitionist efforts made by different countries. It was important to note that the preservation of the death penalty did not guarantee lowering of the levels of criminality. The exchange of experience among States was important, and the panel would use different testimonies on how different regions moved to abolish the death penalty.

Statements by the Panellists

ZAINABO SYLVIE KAYTESI, Chairperson of the African Commission on Human and Peoples’ Rights, said that since 1999 the Commission had actively worked to abolish the death penalty. In African countries the death penalty existed in certain legal texts, for example in the case of murders, assassinations, treason, sexual violence, and drug trafficking. In 2005 a working group on the death penalty was created in Africa, and was mandated to work on Article 4 of the African Charter of Human Rights. In 2012 its mandate was extended to encompass executions. A report was presented in 2011 to accelerate public awareness about the death penalty, and to draft an additional protocol of the African Charter on Human Rights. Regional conferences had brought together representatives of States, academia, civil society and of the African Union to discuss the matter, issuing a declaration for the abolition of the death penalty in Africa. A draft protocol would be submitted to the General Assembly and to the States of Africa. That protocol was very important because it would fill a legal gap in the African Charter on Human Rights. The Commission urged African States to observe the provisions of the draft resolution, in particular those countries where the death penalty still existed in legal texts. Significant progress had been achieved since 1999, when only 10 countries had abolished the death penalty. Today 23 countries in Africa could be considered de facto abolitionist, whereas only nine countries still carried it out.

STAVROS LAMBRINIDIS, European Union Special Representative for Human Rights, said that Europe was committed to the abolition of the death penalty without any reservations. In order to become a member of the European Union a State must have abolished the death penalty among many other reforms that it would have to make. The death penalty was not a cultural issue and never had been. Framing the death penalty in a cultural angle was wrong. Many different countries and cultures, from Germany to Azerbaijan, from Russia to Portugal, had abolished the death penalty. The numbers were impressive. From 8 countries in 1945 to 16 countries 30 years later. Today 150 countries worldwide had abolished the death penalty. It was easier for countries that came out of the worst atrocities. The commitment that the Holocaust should never happen again was what had placed Europe on the forefront of the death penalty debate. Countries that came out of regimes of dictatorships were also more likely to support the abolition of the death penalty. Those who supported abolition of the death penalty had been accused that they supported paedophiles, drug traffickers and terrorists. Mr. Lambrinidis stated that this was not the case. Everyone had dignity and no one should allow any killer to turn them into a killer. It was not their right to do this to anyone. Every individual and every State had a dignity to defend and to protect. It was that dignity that had rendered the decision of the European Union against the death penalty so resolute and so committed in international discussions.

RUTH DREIFUSS, Former President of the Swiss Confederation and moderator, referring to the American Convention on Human Rights to Abolish the Death Penalty and its Protocol, said that only 13 States had ratified the Protocol. Therefore what were the chances of gaining ground and what were the challenges for the ratification of the Protocol?

TRACY ROBINSON, President, Inter-American Commission of Human Rights, stated that about half of the States of the Organization of American States (OAS) had ratified the Protocol but that did not mean that progress had not been made since 1990. America was a region with a strong tradition of abolition of the death penalty, beginning with Venezuela. In 2011 the Commission had published a report, and in 2013 and 2014, it had held hearings at the request of one third of the Member States of the OAS to share views about abolition. Suriname had recently announced that it was on the route to abolition. The United States was the only country in the Americas that executed the death penalty, and even there, there was a shift in its use. It was not public opinion or the rate of crime that induced the death penalty but rather colonial heritage. Thirteen of the colonies had retained the death penalty. In the United States about a third of the States had moved to abolition and public support was evident. Judicial abolition had also been seen in 10 of the 12 Anglophone Caribbean countries. No sentences had been made since 2008 in the Anglo-Caribbean region.

RUTH DREIFUSS, Former President of the Swiss Confederation and moderator, noted that the Arab Charter on Human Rights limited the use of the death penalty but did not abolish it fully and asked about the ongoing process in the Middle East and the North-African region to abolish the death penalty.

MOHAMMED BEDJAOUI, Commissioner of the International Commission against the Death Penalty, said that there was no norm in international law that clearly abolished the death penalty irrespective of a person’s age, sex of physical or mental ability. This was a lacuna in international law. The Arab Charter was no better or worse than other similar documents in the world, apart from European one which abolished the death penalty. That said, more could and should be expected and it could be argued that an increasing number of States had abolished the death penalty or introduced moratoriums. Abolition was not only in the hands of public opinion, or only politicians; civil society had a role to play and in the Arab world, the space for civil society was opening up. Often, the death penalty went hand in hand with authoritarian regimes. It was important for the Arab world not to stand on the rim and not stand aside from the major swell in democracy that was being witnessed worldwide.

RUTH DREIFUSS, Former President of the Swiss Confederation and moderator, remarked that several States in Asia had either abolished the death penalty or introduced a moratorium, and asked about regional trends towards abolition and a general recognition of human rights that would allow progress to be made on the issue.

SARA HOSSAIN, Commissioner (Asia-Pacific) at the International Commission of Jurists, noted specific challenges in the region and said that executions were carried out in a handful of States. Asia was the only region without a regional instrument or mechanism driving the change. That said, there was some hope towards abolition, with several States abolishing the death penalty, a few others introducing a moratorium, two had ratified the Optional Protocol to the International Covenant on Civil and Political Rights, and others had restricted the application of capital punishment. There were also changes in criminal procedures, the provision of safeguards for miscarriage of justice and the review of the death penalty cases by Supreme Courts. Among the challenges were the use of the death penalty for crimes other than most serious crimes, lack of fair trial, lack of representation, lack of meaningful legal framework in many countries across the region, and the imposition of the death penalty through special courts. Often, it was unclear when and where executions were taking place and families were not notified.

Discussion

Sierra Leone said that consensus on this issue on the African continent was not easily reached. Sierra Leone was committed to addressing the question of the death penalty and had had a moratorium in place since 1998. Botswana believed that the death penalty was not a human rights issue, but lay in the sovereign right of countries to decide on their own justice system, in accordance with the will of their peoples. Although concerns on the use of the death penalty may be legitimate, these did not justify this approach to the issue. Saudi Arabia said that its justice system was based on Islamic Sharia, which gave rights to all its citizens and guaranteed the right to life. The rights of victims should not be forgotten when discussing the issue of the death penalty. Saudi Arabia only applied the death penalty in the most serious cases, with conditions of fair trial respected. Namibia said that the abolition of the death penalty was guaranteed in its constitution, and called on all States to consider abolishing the death penalty or to establish a moratorium on executions. Retribution could not be accorded the same weight as the right to life and dignity.

Singapore, speaking on behalf of a group of 24 countries, said that the death penalty remained an important component of their criminal justice systems and an important deterrent for crimes such as terrorism, drug offences or others. It was important to note that there was no prohibition of the death penalty in international law. Timor-Leste, speaking on behalf of the Community of Portuguese-speaking countries, said that the abolition of the death penalty contributed to strengthening human dignity and toward progressive development on human rights. No crime merited capital punishment. All countries were urged to adopt immediately a de facto moratorium on executions and abolish the death penalty. Argentina was deeply committed to the abolition of the death penalty and was one of the countries that had ratified both international and regional instruments to that effect. There was an extensive body of international research that disproved any suggestion that the death penalty had a deterrent effect on crime, said Australia, and asked how drivers for the use of the death penalty could be addressed. Austria deeply deplored that one European country was still exercising capital punishment and renewed the call on Belarus to introduce as a first step a moratorium and so ensure that Europe was a region where no cruel or inhuman punishment was carried out and human dignity was uphold, irrespective of the gravity of the crime committed.

Norway emphasized regional efforts in abolishing the death penalty. To that end Norway would host the sixth international congress on the abolition of the death penalty in June 2016, noting that there was a solid basis in international law for its abolition.
Belgium said that the fight against the death penalty was its priority. Europe was the only region in the world where the death penalty was almost entirely abolished, but the work of the Council of Europe in that respect should be continued on different fronts. Albania welcomed the panel’s discussion, noting that it firmly opposed the death penalty. Albania abolished the death penalty almost a quarter of a century ago, and it was a priority of its foreign policy. Human Rights Commission of Malaysia-SUHAKAM called for education of the public on the inhuman nature of the death penalty and its negative effect on the protection of human rights. It advocated that such an outlook be extended to other offences as well, and called for a moratorium on executions, stressing that no person should be subject to torture and inhuman treatment. Verein Sudwind Entwicklungspolitik drew attention to the recent cases of inhuman incarceration and the lack of proper legal procedure in Pakistan, as well as to the cases of brutal executions and killings of civilians carried out by terrorist organizations. It called on States to increase their efforts in responding to such cases.
Penal Reform International was especially interested in the wider impact of the death penalty on groups that were not generally considered to be affected. These included children whose parents were on death row, lawyers defending persons on death row, and guards who were on duty and directly in contact with death row prisoners.

RUTH DREIFUSS, Former President of the Swiss Confederation and moderator, gave the floor back to the panellists and requested Ms. Hossain, Commissioner (Asia-Pacific) of the International Commission of Jurists, to respond to a question regarding the argument that placed human rights against national sovereignty.

SARA HOSSAIN, Commissioner (Asia-Pacific), International Commission of Jurists, stated that it was important for those from the Asian region that all had national constitutional standards on the right to life. These informed on how decisions were made. Part of the criminal justice systems had come under the human right regime and national and international law to which these countries were party. While most Asian countries did accept scrutiny, they also accepted that what happened in the national context would be subjected to a human rights regime. These concerns were also expressed by the citizens. In Asia, there was a real concern about the issue of impunity. While Asian countries had faced the most serious war crimes and crimes against humanity, it was important to address and not ignore that, not just by imposing the death penalty, but also by strengthening the judicial system and ensuring that there was an end to impunity.

MOHAMMED BEDJAOUI, Commissioner of the International Commission against the Death Penalty, was not convinced of the idea that the question of the death penalty was not a question of human rights. Here they were trying to pit one thing against another: the criminal justice system against human rights. He was not convinced by these arguments. It could not be denied that torture was related to criminal justice; neither could it be denied that torture was related to human rights. The right to life was an existential quality and a fundamental human right. This was regulated by the criminal justice system. If one was killed, this was a question of the criminal justice system. Therefore, there could be no opposition between criminal justice and human rights. One could not exclude the other. In reference to the idea of a moratorium, which had been raised by the representative of Argentina, Mr. Bedjaoui, asked Ms. Robinson of the Inter-American Commission of Human Rights how full coverage in other areas of the world could be achieved. He asked her to define what the most serious crimes were in connection to the fact that part of the international community that had acceded to the Rome Statute believed that war crimes and wars against humanity should not be punishable by the death penalty.

TRACY ROBINSON, President of the Inter-American Commission of Human Rights, in response to the first question stated that the Inter-American Commission continued to provide space for discussion both among and within States. It continued to hear a sizeable number of cases emanating from the United States. The Commission had indicated its concern about the responsiveness of the United States in that regard. The Commission encouraged States to comply with evolving standards in the Inter-American system and strengthened the citizens’ approach as well as internal judicial effectiveness.

RUTH DREIFUSS, Former President of the Swiss Confederation and moderator, asked how Europe had contributed to raising public awareness and presenting scientific evidence on the lack of deterrence in the application of the death penalty.

STAVROS LAMBRINIDIS, European Union Special Representative for Human Rights, said that the first thing Europe had done was a very practical thing, which was banning the export of any substances used for executions, which meant that executions by chemical means could not take place any more. Alternate means of executions had to be used, which exposed the ugliness. It would be also useful that all persons in the chain of the death penalty be obligatorily present at the execution. The first human rights guidelines published in the history of Europe were on the death penalty, and there were 11 guides now, containing instructions to embassies around the world on how to address the issue and which arguments to use. The argument that transcended geography, history or culture and focused on the social injustice and political repercussions of this punishment might be persuasive.

RUTH DREIFUSS, Former President of the Swiss Confederation and moderator, asked about the progress in the drafting of the African protocol on the abolition of the death penalty and what could be done to improve the number of ratifications of the Optional Protocol to the International Covenant on Civil and Political Rights.

ZAINABO SYLVIE KAYITESI, Chairperson of the African Commission on Human and Peoples’ Rights, concerning progress on the Protocol of the abolition of the death penalty in Africa, said that the Commission had already reviewed the draft in its most recent session, during which some comments and amendments had been made. It was hoped that the Commission would adopt the draft at its next regular session in April, after which it would be sent on to the African Union for study in view of adoption. With regard to the Optional Protocol, 10 countries had ratified it, which was not too many for the 57 States in the continent; further work was needed to raise awareness. Ratification was the first step in changing national legal frameworks and the Commission was working with civil society and national human rights institutions to this end.

European Union said that atrocities perpetrated by ISIL shocked everyone, but believed that the death penalty was not the right answer. The guidelines on the death penalty illustrated the European Union’s commitment to support the abolition of the capital punishment worldwide. Organisation Mondiale de la Francophonie welcomed the positive trend towards the abolition of the death penalty in the French-speaking world, and encouraged all its members to ratify the second Optional Protocol to the International Covenant on Civil and Political Rights. Turkey said that the right to life was enshrined in international human rights law, and Turkey had undertaken to abolish the death penalty in law after a two-decade long moratorium. Turkey had signed a joint declaration calling for the universal abolition of the death penalty. Paraguay said the right to life was essential, and underlined that the criminal system had to aim at the rehabilitation of sentenced persons. The death penalty was too irreversible and Paraguay joined the call for its universal abolition. Netherlands was deeply concerned about cases where the scope of application of the death penalty had been increased. The death penalty was not compatible with human rights. This was not a cultural issue. The Netherlands called for the universal abolition of the death penalty.

Brazil welcomed the exchange of views in the panel, noting that the moratorium on the death penalty and its abolition would improve the protection of human rights and promotion of inclusive societies. There was no proven link between the death penalty and reduction of crime rates. Russian Federation said it established a temporary moratorium on the death penalty in 1995 and the Constitutional Court was considering moving towards its abolition. However, the Government objected to the imposition on other States the abolition of the death penalty through legal instruments. Slovenia regretted that the death penalty was still carried out by certain countries, and that it was applied to women and children under the age of 18. It stressed the role of regional organizations in its abolition.
South Africa said it had declared the death penalty unconstitutional in 1995 as it infringed on human rights and dignity. The State as a role model for society had to take the lead in demonstrating regard for human life and dignity. Republic of Moldova reminded that the case of Europe illustrated the fundamental role played by regional and multilateral organizations in advancing the abolition fight. Yet, challenges remained and thus the panellists were asked to elaborate on the role of the judiciary in order to advance the discussion on the death penalty. Jamaica reminded that the death penalty was not prohibited by international law or customary international law. Jamaica had not carried out an execution since 1988 and a de facto moratorium was in effect. Nevertheless, in 2008 the Parliament voted to retain it.

Algeria had been observing a de facto moratorium on the death penalty since 1993 and had engaged in a process of reduction of the application of the death sentence. The Constitution had accorded the President the right to pardon, and this prerogative had been used to turn death sentences to prison terms. National Human Rights Institute of Morocco stated that Morocco had been practicing a moratorium on the death penalty since 1993. Nevertheless, courts continued to pronounce the death sentence and currently there were 120 prisoners condemned to death. The Institute encouraged Moroccan authorities to move towards abolition of the death penalty. Franciscans International stated that the death penalty was a serious problem in Asia where it was still used by many countries. Franciscans International urged States that enforced the death penalty, in particular Indonesia, to adopt a moratorium and grant mercy to inmates on death row. Amnesty International was concerned about the application of the death penalty to crimes that were not “most serious” such as drug-related offences in Asia and asked what steps could regional originations take to ensure that international safeguards were respected.

Mexico said it had actively campaigned in favour of the abolition of the death penalty, and had been a member of several regional and international initiatives on this issue. The death penalty, when applied, had to be used only in exceptional cases and with the highest standards of due process. Pakistan highlighted that there was no international consensus on the issue of the death penalty, and that each country had the sovereign right to decide on its own judicial system, including the death penalty for the most serious crimes. United Kingdom noted the global trend toward the universal abolition of the death penalty, and expressed concerns about the death penalty being used for drug-related crimes. It noted that the death penalty had no proven deterrent effect for those crimes. France considered universal abolition of the death penalty a priority, as it believed that the death penalty was a violation of the right to life. This was not a cultural issue, France noted, calling on countries to participate in the forthcoming regional congress against the death penalty in Kuala Lumpur. Portugal opposed the use of the death penalty in all cases as it was a violation of the right to life, had no deterrent effect and was irreversible. Portugal was concerned that countries had resumed executions after years of moratorium. Liechtenstein considered the death penalty an inhumane treatment. Wrongful convictions existed, which was incompatible with its irreversible nature. The trend towards its universal abolition was clear.

Ireland stated that the death penalty was irreversible and irreparable in nature. It advocated that the capital punishment not be imposed on persons with mental disabilities, and insisted that those States which still applied this punishment respected the right of persons to a fair trial. Indonesia said that the death penalty was a constant subject of discussions in the country. It called on the countries exercising the death penalty to observe the full process of law. Indonesia had applied a moratorium on the death penalty, and could reintroduce it in the case of most serious crimes. Sudan noted that the death penalty debate did not enjoy consensus, adding that the principle of non-interference in a country’s internal affairs had to be respected. The purpose of the death penalty was to deter the most serious crimes and threats to the right to life of others. Friends World Committee for Consultation (Quakers) said that the panel discussion should also include consideration of the human rights of children of parents sentenced to death or execution, and to gain a regional perspective on that issue. The Committee asked the panellists to reflect on this issue. Commonwealth Human Rights Initiative thanked the panellists for urging States to curtail the death penalty and establish a moratorium. Despite progress made in the abolition of the death penalty, the Commonwealth observed that millions of people lived in countries where executions were still carried out.

ZAINABO SYLVIE KAYITESI, Chairperson of the African Commission on Human and Peoples’ Rights, said that when States proceeded with executions, this was killing. Usually States should preserve the lives of their citizens so that the whole process towards abolition was hand in hand with the respect of sovereignty of States. On the rights of children in the application of the death penalty to their parents, the African Commission was fully aware of the negative psychological implications.

STAVROS LAMBRINIDIS, European Union Special Representative for Human Rights, said that once a person began feeling that the death penalty was a violation of their own dignity - that they had been turned into killers by killers – it was easier to see the perverse scientific rationale behind the death penalty. It was easier to see how it killed innocent people. Therefore, it was peoples’ dignity that the death penalty violated. With regards to public opinion, this was not a correct approach to look at, as it changed frequently. Greek public opinion following the fall of the dictatorship in 1974 had been in favour of the death penalty; however it had quickly turned in favour of life in prison. In response to the questions of Amnesty International, the European Union did work with victims’ families, and those did not necessarily favour the death penalty. The European Union did keep a track of the number of European Union nationals facing the death penalty in other countries.

TRACY ROBINSON, President of the Inter-American Commission of Human Rights, reiterated the commitment of the Inter-American Commission of States with a view to respect human rights of all and called attention to impunity as one of greatest issues facing the Americas. The real focus had to be on judicial effectiveness, or the duty of States to exercise due diligence. Ms. Robison welcomed the progress of States in the Americas which had abolished the death penalty, and called on the substantial minority to eliminate the death penalty. These were 13 of the former British colonies. The Inter-American Commission would continue to move forward on this issue and initiatives of States were welcome.

MOHAMMED BEDJAOUI, Commissioner of the International Commission against the Death Penalty, stated that the success of texts depended on the people implementing the texts. It was striking when looking at the situation in the world – virtually all criminal codes worldwide were excellent; however it was the way in which they were implemented by men that was problematic. That was why good practices, expertise, and efforts to ensure the coherent interpretation of texts, were very important. Regarding the Arab world and those who tried to interpret the death penalty, it had to be known that the death penalty was radically incompatible with Islam. The Islamic principles of pardon and forgiveness were stressed by the Koran. Moratoria had a perverse effect. Some countries in North Africa where there were moratoria had made magistrates and judges look at the death penalty in a less serious manner. Therefore, it was necessary to highlight the danger of moratoria and to ask countries with a moratorium to abolish it. There was no point in condemning people to death if the actual execution would never be carried out.

SARA HOSSAIN, Commissioner (Asia-Pacific) at the International Commission of Jurists, said that there were opportunities for progress on the Asian continent, including forums where discussions could take place and civil society could engage. Addressing the death penalty was an issue of social justice.

RUTH DREIFUSS, Former President of the Swiss Confederation and moderator, noted that remarkable progress had been made, but repeated that concerns remained, particularly for those countries that had taken the decision to reintroduce the death penalty. Concerns remained also with regard to the use of the death penalty for crimes that were not the most serious crimes, including for silencing political dissent. She regretted the lack of transparency regarding the use of the death penalty in some countries, and expressed concern about a mandatory death penalty in some cases.

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For use of the information media; not an official record

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