UN TREATY BODIES
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justice on the State party, the specific conditions of imprisonment in the particular penitentiary and their psychological impact on the person concerned.”145 The
Committee has found violations where a minor was detained on death row,146
where a warrant was issued for the execution of a person suffering from mental
illness,147 where a prisoner was returned to death row after having been told
that his sentence had been commuted,148 and where detention in a death cell
awaiting execution was unreasonably prolonged.149
– UNCAT
While the CAT increasingly raises the death penalty in its discussions with
States Parties,150 welcomes its abolition in Concluding Observations,151
expresses concern where it continues to be imposed,152 and recommends its
abolition153 or a moratorium on its use,154 it has never explicitly stated that it
considers the imposition of capital punishment itself to be inconsistent with
the UNCAT. Indeed, individual members have stressed that the death penalty
itself is not in violation of the UNCAT, and does not therefore come within the
Committee’s mandate.155
Francis v Jamaica, HRC Communication No. 606/1994, 25 July 1995, §9.2. In that case, the
Committee found that a serious deterioration in the author’s mental health, the prison conditions, allegations of regular beatings by warders, and the ridicule and strain to which the
author was subjected during the five days he spent in a death cell awaiting execution revealed
a violation of Articles 7 and 10 (1).
146
Clive Johnson v Jamaica, HRC Communication No. 592/1994, 20 October 1998. The sentence
imposed was in violation of Article 6(5) ICCPR, which prohibits imposition of the death penalty for crimes committed by persons below eighteen years of age.
147
R.S. v Trinidad and Tobago, HRC Communication No. 684/1996, 2 April 2002. The Committee considered the state of mental health of the prisoner at the time of issue of the warrant.
148
Chisanga v Zimbabwe, HRC Communication No. 1132/2002, 18 October 2005.
149
Pratt and Morgan v Jamaica (1989), op. cit.; Pennant v Jamaica, HRC Communication No.
647/1995, 20 October 1998.
150
See, for example, questions to the Ukraine, Summary record of the 283rd meeting, UN Doc.
CAT/C/SR.283, 1997, §21.
151
See, for example, CAT, Concluding Observations on Turkey, UN Doc. CAT/C/CR/30/5, 2003,
§4.
152
See, for example, CAT, Concluding Observations on Belarus, UN Doc. A/56/44, 2001, §45(i).
153
See, for example, CAT, Concluding Observations on Kyrgyzstan, UN Doc. A/55/44, 2000,
§75(g).
154
See, for example, CAT, Concluding Observations on Japan, UN Doc. CAT/C/JPN/CO/1, 2007,
§20.
155
See, for example, Mr. Mariño Menéndez’s statement that “While the maintenance of the death
penalty in Egyptian law was not in itself a violation of the Convention, the Committee would like
to receive further information on its practical application.” CAT, Summary record of the 532nd
meeting, UN Doc. CAT/C/SR.532, 2002, §15. See also the discussion of Libya, CAT, Summary
record of the 381st meeting, UN Doc. CAT/C/SR.381, 1999, §38.
145
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