Article 6(5) of the ICCPR explicitly prohibits the imposition of the death penalty for
crimes committed by persons below 18 years of age. The United States ratified the
ICCPR in 1992, but entered a reservation on this clause. The UN Human Rights
Committee has condemned the practice of imposing the death penalty on persons who
were younger than 18 years when committing the crime. It called upon the USA to
withdraw its reservation to Article 6(5), and to take appropriate steps to ensure that
persons are not sentenced to death for crimes committed before they were 1886. This
view was shared by the UN Special Rapporteur on extra judicial and summary or
arbitrary executions in a 1998 report on the use of the death penalty in the USA,
which stated that the US practice of imposing the death penalty on those under 18 at
the time of the crime was a “very serious and disturbing practice that inherently
conflicts with the prevailing international consensus”87.
Twenty five states permit capital punishment for offenders with mental retardation.
The U.S. Supreme Court has ruled that executions of persons with mental retardation
is not cruel and unusual punishment prohibited by the Eighth Amendment to the U.S.
Constitution. Since 1976, the year in which the death penalty was reintroduced, at
least 35 people with mental retardation have been executed. Although there is no
provision in the ICCPR explicitly prohibiting the execution of the mentally retarded,
the UN Commission on Human Rights has requested the elimination of such
practices88. There are at least 16 persons with mental retardation on death row89,
whilst at least one person with serious psychological problems was executed during
the year 200090.
Among those executed during the period under review were eight foreign nationals
who, in violation of Article 36 of the Vienna Convention on Consular Relations, had
not been notified by the authorities after arrest of their right to communicate with their
consular representatives91. In one case, the execution was carried out despite an order
by the International Court of Justice that the execution be suspended92.
On 27 June 2001, the International Court of Justice (ICJ), delivered its judgment in
the LaGrand Case (Germany v. United States of America), and found a violation of
Article 36, paragraph 1 (b) and 2, of the Vienna Convention on Consular Relations.
California was the first state to pass legislation requiring full compliance with the
notification provisions of the Vienna Convention93.
4.18 Uzbekistan
The death penalty remains in active use in Uzbekistan. Following a decision by the
Uzbek parliament in August 1998 to reduce the scope of the death penalty and remove
it as a punishment for five offences, the Criminal Code now contains eight crimes that
are subject to capital punishment: aggravated murder, rape of a female aged under 14
years, waging aggressive war, genocide, terrorism involving death or serious injury,
treason, organizing a criminal conspiracy and illegal sale of large quantities of
narcotics. The death penalty may not be applied to women or to persons under 18
years of age at the time of committing the crime94.
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