requirements of article 6, paragraph 2, is that capital
punishment be imposed only for the most serious
crimes, under circumstances not contrary to the
Covenant and other instruments, and that it be
carried out pursuant to a final judgement rendered by
a competent court. The Committee notes that Mr. Ng
was extradited to stand trial on 19 criminal charges,
including 12 counts of murder. If sentenced to death,
that sentence, based on the information which the
Committee has before it, would be based on a
conviction of guilt in respect of very serious crimes.
He was over 18 years old when the crimes of which
he stands accused were committed. Finally, while
the author has claimed before the Supreme Court of
Canada and before the Committee that his right to a
fair trial would not be guaranteed in the judicial
process in California, because of racial bias in the
jury selection process and in the imposition of the
death penalty, these claims have been advanced in
respect of purely hypothetical events. Nothing in the
file supports the contention that the author's trial in
the Calaveras County Court would not meet the
requirements of article 14 of the Covenant.
their discretion in the application of extradition
treaties, the Committee does not find that the terms
of article 6 of the Covenant necessarily require
Canada to refuse to extradite or to seek assurances.
The Committee notes that the extradition of Mr. Ng
would have violated Canada's obligations under
article 6 of the Covenant if the decision to extradite
without assurances had been taken summarily or
arbitrarily. The evidence before the Committee
reveals, however, that the Minister of Justice reached
his decision after hearing extensive arguments in
favour of seeking assurances. The Committee further
takes note of the reasons advanced by the Minister of
Justice in his letter dated 26 October 1989 addressed
to Mr. Ng's counsel, in particular, the absence of
exceptional circumstances, the availability of due
process and of appeal against conviction and the
importance of not providing a safe haven for those
accused of murder.
15.4 Moreover, the Committee observes that
Mr. Ng was extradited to the United States after
extensive proceedings in the Canadian courts, which
reviewed all the charges and the evidence available
against the author. In the circumstances, the
Committee concludes that Canada's obligations
under article 6, paragraph 1, did not require it to
refuse Mr. Ng's extradition.
16.1 In determining whether, in a particular case,
the imposition of capital punishment constitutes a
violation of article 7, the Committee will have regard
to the relevant personal factors regarding the author,
the specific conditions of detention on death row and
whether the proposed method of execution is
particularly abhorrent. In the instant case, it is
contented that execution by gas asphyxiation is
contrary to internationally accepted standards of
humane treatment, and that it amounts to treatment in
violation of article 7 of the Covenant. The Committee
begins by noting that whereas article 6, paragraph 2,
allows for the imposition of the death penalty under
certain limited circumstances, any method of
execution provided for by law must be designed in
such a way as to avoid conflict with article 7.
15.7 In the light of the above, the Committee
concludes that Mr. Ng is not a victim of a violation
by Canada of article 6 of the Covenant.
15.5 The Committee notes that Canada has itself,
except for certain categories of military offences,
abolished capital punishment; it is not, however, a
party to the Second Optional Protocol to the
Covenant. As to issue (b) in paragraph 15.1 above,
namely, whether the fact that Canada has generally
abolished capital punishment, taken together with its
obligations under the Covenant, required it to refuse
extradition or to seek the assurances it was entitled
to seek under the Extradition Treaty, the Committee
observes that abolition of capital punishment does
not release Canada of its obligations under
extradition treaties. However, it should be expected
that, when exercising a permitted discretion under an
extradition treaty (namely, whether or not to seek
assurances that the death penalty would not be
imposed), a State party, which itself abandoned
capital punishment, will give serious consideration
to its own chosen policy. The Committee notes,
however, that Canada has indicated that the
possibility of seeking assurances would normally be
exercised where special circumstances existed; in the
present case, this possibility was considered and
rejected.
16.2 The Committee is aware that, by definition,
every execution of a sentence of death may be
considered to constitute cruel and inhuman treatment
within the meaning of article 7 of the Covenant; on
the other hand, article 6, paragraph 2, permits the
imposition of capital punishment for the most
serious crimes. None the less, the Committee
reaffirms, as it did in its general comment 20 (44) on
article 7 of the Covenant that, when imposing capital
punishment, the execution of the sentence "must be
carried out in such a way as to cause the least
possible physical and mental suffering".14
16.3 In the present case, the author has provided
detailed information that execution by gas asphyxiation
14
Official Records of the General Assembly, Fortyseventh Session, Supplement No. 40 (A/47/40),
annex VI.A, General Comment 20 (44), para. 6.
15.6 While States must be mindful of their
obligation to protect the right to life when exercising
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