The Death Penalty in the OSCE Area–Background Paper 2017
7. Requests the Office of the United Nations High Commissioner for Human Rights
to organize the panel discussion and to liaise with States, relevant United Nations
bodies, agencies, treaty bodies, special procedures and regional human rights
mechanisms, as well as with parliamentarians, civil society, including non-governmental organizations, and national human rights institutions, with a view to
ensuring their participation in the panel discussion;
8. Also requests the Office of the High Commissioner to prepare a summary report
on the panel discussion and to submit it to the Human Rights Council at its thirty
sixth session;
United Nations Special Procedures,
Interim Report by the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment
A/67/279 (2012)
[…]
VI. Conclusions and recommendations
73. The evolving practice of States shows a clear trend towards abolition of the
death penalty. Even in retentionist countries, practices and opinions have changed.
Significantly, the trend to abolish and the trend to restrict are both informed by a
stated conviction that capital punishment is cruel, inhumane and degrading, either
per se or as applied.
74. To date, the death penalty has been treated under the provisions concerning
the right to life, and therein as an exception provided for by international law. A
new approach is needed as there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality
of the death penalty within the context of the fundamental concepts of human
dignity and the prohibition of torture and cruel, inhuman or degrading treatment
or punishment. This evolving standard, along with the resulting illegality of the
death penalty under such prohibition, is developing into a norm of customary law,
if it has not already done so.
75. The Special Rapporteur finds that even if the emergence of a customary norm
that considers the death penalty as per se running afoul of the prohibition of torture and cruel, inhuman or degrading treatment is still under way, most conditions
under which capital punishment is actually applied renders the punishment tantamount to torture. Under many other, less severe conditions, it still amounts to
cruel, inhuman or degrading treatment.
77
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