CAT/C/USA/CO/3-5
Miller v. Alabama ruling does not apply retroactively and that the majority of the 28 states
that allow mandatory life sentences without the possibility of parole for children have not
passed legislation to comply with the ruling. Moreover, the rulings leave open the
possibility for judges to impose life-without-parole sentences in homicide cases, even
where the child played a minimal role in the crime, and courts continue to impose the
sentence (arts. 11 and 16).
The State party should abolish the sentence of life imprisonment without parole for
offences committed by children under 18 years of age, irrespective of the crime
committed, and enable child offenders currently serving life without parole to have
their cases reviewed by a court for reassessment and resentencing, to restore parole
eligibility and for a possible reduction of the sentence.
Death penalty
25.
While welcoming the fact that six states abolished capital punishment during the
period under review, the Committee expresses concern at the State party’s admission that it
is not currently considering abolishing the death penalty at the federal level. The
Committee also expresses concern at reported cases of excruciating pain and prolonged
suffering that procedural irregularities have caused condemned prisoners in the course of
their execution. The Committee is specially troubled by the recent cases of botched
executions in Arizona, Oklahoma, and Ohio. The Committee is equally concerned at the
continued delays in recourse procedures, which keep prisoners sentenced to death in a
situation of anguish and incertitude for many years. The Committee notes that, in certain
cases, such situation amounts to torture insofar as it corresponds to one of the forms of
torture (i.e., the threat of imminent death) contained in the interpretative understanding
made by the State party at the time of ratification of the Convention (arts. 1, 2 and 16).
The State party should review its execution methods in order to prevent pain and
prolonged suffering. The Committee recalls that the safeguards guaranteeing
protection of the rights of those facing the death penalty 4 stipulates that, where capital
punishment occurs, it shall be carried out so as to inflict the minimum possible
suffering (para. 9).
The State party should reduce the procedural delays that keep prisoners sentenced to
capital punishment in death row for prolonged periods.
The State party is encouraged to establish a moratorium on executions, with a view to
abolishing the death penalty. It is also encouraged to commute the sentences of
individuals currently on death row and to accede to the Second Optional Protocol of
the International Covenant on Civil and Political Rights, aiming at the abolition of the
death penalty.
Excessive use of force and police brutality
26.
The Committee is concerned about the numerous reports of police brutality and
excessive use of force by law enforcement officials, in particular against persons belonging
to certain racial and ethnic groups, immigrants and LGBTI individuals. It is also concerned
about racial profiling by police and immigration offices and the growing militarization of
policing activities. The Committee is particularly concerned at the reported current police
violence in Chicago, especially against African-American and Latino young people, who
are allegedly consistently profiled, harassed and subjected to excessive force by Chicago
Police Department officers. It also expresses deep concern at the frequent and recurrent
4
Approved by Economic and Social Council resolution 1984/50 of 25 May 1984.
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