A/68/44
(b)
The use of solitary confinement for persons sentenced to death, often for
extended periods of time, even exceeding 30 years in some cases, and limited contact with
the outside;
(c)
Interference with the right to assistance by legal counsel, including the
limited confidential access to lawyer;
(d)
The lack of a mandatory appeal system for capital cases given that an
increasing number of defendants convicted and sentenced to death without exercising their
right of appeal;
(e)
The non-use of the power of pardon since 2007 and the absence of
transparency concerning procedures for seeking benefit for pardon, commutation or
reprieve;
(f)
Reports about executions carried out even if the person was determined by a
court to be mentally ill, as in the case of Seiha Fujima, in contradiction of article 479 (1) of
the Code of Criminal Procedures which prohibits the execution of a detainee in a state of
insanity (arts. 2, 11 and 16).
In light of the previous recommendations made by the Committee (para. 17), the
Human Rights Committee (CCPR/C/GC/32, para. 38) as well as the communication
sent by the Special Rapporteur on extrajudicial, summary or arbitrary executions
(A/HRC/14/24/Add.1, paras. 515 ff), the Committee urges the State party to ensure
that death row inmates are afforded all the legal safeguards and protections provided
by the Convention, inter alia, by:
(a)
Giving death row inmates and their family reasonable advance notice of
the scheduled date and time of the execution;
(b)
Revising the rule of solitary confinement for death row inmates;
(c)
Guaranteeing effective assistance by legal counsel for death row inmates
at all stages of the proceedings, and the strict confidentiality of all meetings with their
lawyers;
(d)
Making available the power of pardon, commutation and reprieve in
practice for death row inmates;
(e)
Introducing a mandatory system of review in capital cases, with
suspensive effect following a death penalty conviction in first instance;
(f)
Ensuring an independent review of all cases when there is credible
evidence that death row inmate is mentally ill. Furthermore, the State party should
ensure that a detainee with mental illness is not executed in accordance with article
479 (1) of the Code of Criminal Procedures;
(g)
Providing data on death row inmates, disaggregated by sex, age,
ethnicity and offence;
(h)
Considering the possibility of abolishing the death penalty.
National human rights institution
(16) The Committee notes with concern that the State party has not yet established a
national human rights institution, in accordance with the principles relating to the status of
national institutions for the promotion and protection of human rights (Paris Principles) (art.
2).
Noting the commitment made by the State party in the context of the universal
periodic review (A/HRC/22/14/Add.1, paras. 147.47 ff), the Committee urges the State
GE.13-46043
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