The Death Penalty in the OSCE Area–Background Paper 2018
intentional killing. The death penalty should not be imposed for “drug offences”,
“consensual adult sex”, “blasphemy” or any other acts that do not meet the threshold of “most serious crimes”. States should abolish the mandatory death penalty,
where it still exists. States must also ensure that the highest level of compliance
with fair trial and other international human rights norms and standards are met
in all death penalty cases.
73. The lack of data on the number of executions or individuals on death row is a
serious impediment to debate on the abolition of capital punishment. It will also
be important, for the effectiveness and transparency of such a debate, to ensure
that the public has access to balanced information, including accurate information
and statistics on criminality and the various effective ways to combat it, without
resorting to capital punishment.
74. States that still use the death penalty on persons who committed crimes before
the age of 18 must stop that practice. When the death penalty is abolished, they
must avoid sentencing children to life imprisonment as an alternative punishment.
States must take account of article 37 of the Convention on the Rights of the Child,
which explicitly requires that deprivation of liberty be used only as a last resort and
for the shortest appropriate period of time.
75. The effects of the death penalty system in its entirety, including the social,
economic and psychological impact on the children and family members of those
executed or under a death sentence, must be further examined. States that still
use the death penalty should recognize the urgency of ensuring a protective environment for the children of parents sentenced to death or executed, preventing
discrimination and stigma, and providing them with assistance for their recovery
and reintegration.
Yearly supplement of the Secretary-General to his quinquennial report on
capital punishment, A/HRC/30/18,
Capital punishment and the implementation of the safeguards
guaranteeing protection of the rights of those facing the death penalty
(16 July 2015)
[…]
V. Conclusions and Recommendations
55. As the Secretary-General has noted on several occasions, the death penalty
has no place in the twenty-first century. In the light of the evolution of international
human rights law and jurisprudence and State practice, the imposition of the death
penalty is incompatible with fundamental tenets of human rights, in particular
59
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents