38/44/Add.3 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions - Addendum- Overview of activities undertaken by the mandate since 1 March 2017, including observations on communications transmitted between 1 March 2017 and 28 February 2018 and replies received between 1 May 2017 and 30 April 2018
Document Type: Final Report
Date: 2018 Jun
Session: 38th Regular Session (2018 Jun)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.18-09968(E)
Human Rights Council Thirty-eighth session
18 June–6 July 2018
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions*
Addendum
Overview of activities undertaken by the mandate since 1 March 2017,
including observations on communications transmitted between 1
March 2017 and 28 February 2018 and replies received between 1 May
2017 and 30 April 2018
* Reproduced as received.
United Nations A/HRC/38/44/Add.3
General Assembly Distr.: General 19 June 2018
English only
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Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions: Overview of activities undertaken by the mandate since 1 March 2017, including observations on communications transmitted between 1 March 2017 and 28 February 2018 and replies received between 1 May 2017 and 30 April 2018
Contents
Page
I. Activities of the Special Rapporteur ................................................................................................ 3
A. Country visits ........................................................................................................................... 3
B. Communications ...................................................................................................................... 3
C. Press releases ........................................................................................................................... 3
D. Meetings and other activities ................................................................................................... 4
II. Observations on communications .................................................................................................... 5
A. Introduction ............................................................................................................................. 5
B. Observations on all cases (tabulation A).................................................................................. 5
C. Observations on the death penalty and communications transmitted to States
concerning alleged violations of safeguards (tabulation B) ..................................................... 12
III. Tabulation (A) of cases transmitted and replies received to communications sent
during the reporting period ............................................................................................................... 17
A. Violations alleged .................................................................................................................... 17
B. Character of replies received ................................................................................................... 17
IV. Tabulation (B) of cases transmitted to States concerning alleged violations
of death penalty safeguards .............................................................................................................. 29
Violations alleged ............................................................................................................................. 29
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I. Activities of the Special Rapporteur
1. The present report covers the main activities undertaken by the Special Rapporteur
since 1 March 2017, including activities undertaken in preparation of her most recent
thematic report on the unlawful death of refugees and migrants to the General Assembly
(A/72/335). Information on earlier activities can be found in her previous report to the
Human Rights Council (A/HRC/35/23).
A. Country visits
2. The Special Rapporteur carried out official visits to the Republic of Iraq from 14 to
23 November 2017 (A/HRC/38/44/Add.1), and to El Salvador from 25 January to 5
February 2018 (A/HRC/38/44/Add.2), at the invitation of the respective Governments.
3. The Special Rapporteur sent requests for official visits to the Governments of Brazil,
the Democratic Republic of the Congo, Libya, the United States of America, the Bolivarian
Republic of Venezuela and the Syrian Arab Republic, and reminders to Pakistan, Nigeria,
Kenya and the Republic of Yemen.1 She welcomes the positive response received from
Nigeria on 4 June 2018. She regrets that, at the time of submission of the present report, she
had not received responses from the other aforementioned states.
4. She thanks the Government of Mozambique for responding positively during the
reporting period to her request for a visit sent prior and encourages other Governments who
have yet to respond to her requests to consider extending an invitation for a visit in the near
future.
B. Communications
5. Observations on communications sent between 1 March 2017 and 28 February 2018
and responses received from States and other actors between 1 May 2017 and 30 April
2018 are contained in section II of this report.
C. Press releases
6. During the reporting period, the Special Rapporteur issued, alone or jointly, 51 press
statements. They raised a variety of themes and country specific issues, including:
• The imposition of the death penalty – for crimes that do not meet the
threshold of “most serious crimes”, after trials that reportedly did not meet fair trial
and due process standards, on child offenders and persons with psycho-social
disabilities, as well as extraditions of persons to countries where they risk receiving
the death penalty,
• Death threats against and attacks on media professionals, journalists and
human rights defenders,
• Unlawful deaths and killings, including of migrants and refugees, LGBTI
persons and women,
• State’s failure to protect, including legislation,
1 Libya transmitted on 11 October 2017; Bolivarian Republic of Venezuela and the Republic of Yemen
transmitted on 17 May 2018; Syrian Arab Republic transmitted on 18 May 2018; the others on 20
March 2018.
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• Excessive use of force by State agents, as part of anti-drugs operations,
during arrest and in the context of protests.2
D. Meetings and other activities
7. The Special Rapporteur also chaired, organized and/or participated in several
meetings, conferences and other events, including:
• Interactive dialogue with the Government of Canada (6 to 7 April 2017,
Ottowa),
• World Press Freedom Day event organized by UNESCO (2 to 4 May 2017,
Jakarta, Indonesia),
• Policy Forum: Drug Issues, Different Perspectives (5 to 8 May 2017, Manila,
Philippines),
• Multi-Stakeholder Consultation on the UN Plan of Action on the Safety of
Journalists and the Issue of Impunity co-organized by OHCHR and UNESCO (29
June 2017, Geneva),
• Expert Seminar on integrating a Gender Perspective into the work of Special
Procedures organized by the Geneva Academy (1 July 2017, Geneva),
• Expert Workshop on Witchcraft and Human Rights organized by the
Independent Expert on the enjoyment of human rights by persons with albinism (21
to 22 September 2017, Geneva),
• UNODC and OHCHR launch of a resource book on the use of force and
firearms in law enforcement (22 September 2017, Geneva),
• 2017 Dublin Platform on Human Rights Defenders (17 October 2017,
Dublin, Ireland),
• Annual Conference of the International Bar Association, Panel Event on
Extrajudicial Killing and State Policy (9 October 2017, Sidney, Australia),
• Roundtable discussion on the thematic report of the Special Rapporteur on
the issue of the unlawful death of migrants and refugees (A/72/335), held in the
margins of the seventy-second General Assembly and organized by the mandate (27
October 2017, New York),
• Global Compact on Migration preparatory meeting (4 to 6 December 2017,
Puerto Vallarta, Mexico),
• Briefing for United Nations Security Council Member States on Iraq
organized by the Kingdom of the Netherlands (20 February 2018, New York),
• Expert meeting on the draft treaty on crimes against humanity (12 March
2018, New York),
• Expert Meeting on large-scale DNA data crossing of missing migrants
organized by EEAF (15 to 17 January 2018, Mexico City, Mexico),
• Expert panel on the accountability for killings of women and LGBTI persons
during conflict, held in the margins of the Commission on the Status of Women, and
organized by the mandate, co-sponsored by the Government of Finland, Office of
the High Commissioner for Human Rights and City University of New York Law
School (19 March 2018, New York),
2 The full list of press statements issued can be found at:
http://www.ohchr.org/en/NewsEvents/Pages/NewsSearch.aspx?MID=SR_Summ_Executions.
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• Dialogue between the African Commission on Human and Peoples Rights, Inter-American Commission on Human Rights and United Nations Human Rights
mechanisms on sexual orientation, gender identity and intersex (26 to 28 March
2018, Washington D.C., United States of America),
• Expert Drafting Group and Colloquium on the Rights of Missing and Dead Migrants and Refugees organized by Last Rights (10 to 11 May 2018, Lesvos,
Greece),
• Working Group on Security and Human Rights, as part of the 25th anniversary celebration of the World Conference on Human Rights, organized by
the Austrian Federal Ministry for Europe, Integration and Foreign Affairs, in
cooperation with the Office of the United Nations High Commissioner for Human
Rights, the City of Vienna and the Ludwig Boltzmann Institute of Human Rights (22
to 23 May 2018, Vienna, Austria),
• 2018 World Congress on Justice for Children: “Strengthening Justice Systems for Children: Challenges, including disengagement from violent
extremism”, participated as a member of the Committee of Honour (28 to 30 May 2018, Paris, France).
II. Observations on communications
A. Introduction
8. The present report contains observations by the Special Rapporteur on extrajudicial, summary or arbitrary executions on communications sent between 1 March 2017 and 28
February 2018 and responses received from States and other actors between 1 May 2017
and 30 April 2018. During the period under review, the Special Rapporteur sent 122
communications to 55 States and 3 other actors. Out of this total, 110 communications were
sent jointly with other mandates, while 12 communications were sent by this mandate
alone. Of all communications sent, 61 were urgent appeals, 50 were allegation letters and
11 were other letters.
9. In the present report, the Special Rapporteur offers her observations on the communications sent and the replies received during the reporting period as well as patterns
observed. These observations are based on two tables detailing the correspondence sent and
received during the period under review: Tabulation (A) in section III of the present report
details cases transmitted and replies received to communications sent during the reporting
period, and Tabulation (B) in section IV of the report details cases transmitted to States
concerning alleged violations of death penalty safeguards
B. Observations on all cases (Tabulation A)
1. Numbers of communications sent and replies received
10. The communications report of special procedures provides basic statistics with respect to the responsiveness of States overall to different mandates.3 With respect to this
mandate, the Special Rapporteur received responses to 75 out of 122 communications sent
within the reporting period. She thanks all Governments who have replied to her
communications for their cooperation. Forty-seven of the communications are yet to be
responded to. In the same period, the Special Rapporteur also received replies to 6 previous
communications, i.e. sent prior to the reporting period, for which she is grateful. This
means the overall timely response rate for communications sent by this mandate is
3 The communications reports of special procedures can be found here:
http://www.ohchr.org/EN/HRBodies/SP/Pages/CommunicationsreportsSP.aspx.
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approximately 61 per cent. This rate is slightly lower than that of the system-wide reply rate
for special procedures communications, which reached 68 per cent in 2017. However, it
should be noted that some of the responses included in this number are purely procedural in
nature.
11. During the reporting period, nearly three quarters of States replied to one or more of the communications addressed to them (39 out of 55). The Special Rapporteur would like to
thank all States who have responded substantively and in a timely manner to all or some of
the communications sent. The assessment of individual cases in which the Special
Rapporteur has intervened is an essential part of her work. Government responses allow for
a greater understanding of the cases, policies, and circumstances. The Governments of
Bahrain, Ecuador, El Salvador, France, Hungary, Italy, Lebanon, Malaysia, Malta,
Mauritania, Mongolia, Nicaragua, Saudi Arabia, Spain, Thailand, Togo, Uganda, the
United Kingdom of Great Britain and Northern Ireland, Uruguay, the Bolivarian Republic
of Venezuela and Viet Nam replied substantively (addressing all or some of the questions
raised) and within the required deadline to all the communications addressed to them during
the reporting period.
12. A number of States replied substantively to some of the communications sent to them. They include Afghanistan, Brazil, Colombia, Egypt, Guatemala, Honduras,
Indonesia, the Islamic Republic of Iran, Iraq, Kenya, Mexico, Pakistan, the Philippines,
Singapore, Turkey, the United Arab Emirates and the United States of America. A handful
of States did not submit a timely reply to any of the communications transmitted to them, or
have submitted merely an acknowledgement of receipt, including Cameroon, Chad, the
Democratic Republic of the Congo, Haiti, India, Israel, Libya, the Maldives, Myanmar,
Nepal, Peru, Romania, Russian Federation, South Africa, Sudan, Tunisia and Yemen. The
responses from some of these States have arrived after the required deadline and for that
reason fall outside the reporting period of the present report.
13. In its resolution 35/15, the Human Rights Council urged States “[t]o cooperate with and assist the Special Rapporteur in the performance of his or her tasks, to supply all
necessary information requested by him or her and to react appropriately and expeditiously
to his or her urgent appeals, and those Governments that have not yet responded to
communications transmitted to them by the Special Rapporteur to do so without further
delay”. Therefore, the Special Rapporteur reiterates her appeal to all Governments to respond substantively to communications in a timely manner so as to assist and cooperate
with her mandate efficiently in accordance with Human Rights Council resolution 35/15. In
all instances where no substantive responses were received, the Special Rapporteur urges
Governments to provide them as soon as possible.
14. During the reporting period, the Special Rapporteur also sent communications to three non-State actors including a corporation (Anglo-American), de facto authorities in
Sana’a, Yemen, and the European Union. She thanks the European Union for the substantive response received and notes that an acknowledgement of receipt has been
received from Anglo American.4 She regrets that no response has been received from the de
facto authorities in Sana’a,Yemen.
15. The following table reflects the number of communications sent to each State and the number of replies of a substantive nature received within the required deadline. Such
replies comprise both substantive replies and replies that address some substantive issues.
Acknowledgements of receipt are not considered as a reply for the purpose of this table, as
they do not provide an effective response to the questions raised.5
4 Substantive responses have also been received from Anglo American outside the reporting period.
5 With the sole exception of the response received in relation to the letter transmitted to Mongolia on
14 August 2017 (case no. MNG 1/2017) since the purpose of this communication was to welcome the
Government’s decision to abolish the death penalty and did not request a response. Therefore, the
acknowledgement or receipt received from Mongolia has been considered as a substantive response.
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1.1 Communications transmitted to States and replies received
16. Of the responses received, a large majority were fully or partially substantive (66 out
of 75 responses) and 9 acknowledgement of receipt were received that were not followed
by a substantive reply.
1.2 Communications by types
17. Overall, 87 communications concerning 439 named individuals were sent during the
reporting period. In addition, 30 communications also addressed groups of individuals
where the names of the individual alleged victims were unavailable.6 Eight
communications concerned legislation.
1.3 Communications by gender
18. As indicated in the table below, 76 communications concerned male victims,
representing approximately 62 per cent of the communications, while 37 communications
concerned female victims or approximately 30 per cent of all communications. In total, the
cases of 325 named male individuals were raised (or 74 per cent of individual cases raised)
and 114 named females (26 per cent of individual cases raised). However, numerous
communications sent during the reporting period addressed groups of persons whose sex or
gender was not known.
6 Some communications addressed individuals and groups simultaneously.
88
12
Number and type of responses
Substantive responses (66) 88%
Acknowledgements of receipt (9) 11%
87
30
8
Named Individuals
Groups
Legislation
0 20 40 60 80 100
Number of communications sent by type
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1.4 Type of Violation
19. The main alleged violations covered by the communications transmitted during the
reporting period were:
(a) Non-respect of international standards on safeguards and restrictions relating
to the imposition of capital punishment (“Death penalty safeguards”);
(b) Death threats and fear of imminent extrajudicial executions by State
officials, paramilitary groups, or groups cooperating with or tolerated by the Government,
as well as unidentified persons who may be linked to the categories mentioned above, when
the Government is failing to take appropriate protection measures (“Death threats”);
(c) Deaths in custody or custody like settings owing to torture, neglect, or the use
of force, or fear of death in custody due to life-threatening conditions of detention (“Deaths
in custody”);
(d) Deaths due to the use of force by law enforcement officials or persons acting
in direct or indirect compliance with the State, when the use of force is inconsistent with the
criteria of absolute necessity and proportionality (“Excessive force”);7
(e) Deaths due to attacks or killings by security forces of the State, or by
paramilitary groups, death squads, or other private forces cooperating with or tolerated by
the State (“Attacks or killings”);
(f) Deaths due to attacks or killings by non-State actors not cooperated with or
tolerated by the State or where there is no information on the affiliation of the perpetrators
(“Attacks or killings by NSA”);
(g) Expulsion, refoulement or return of persons to a country or a place where
their lives are in danger (“Expulsion”);
(h) Due diligence obligations of the State particularly with regards to attacks or
killings by non-State actors; lack of investigation or accountability, leading to impunity,
lack of compensation or concerns for the rights of victims (“Due diligence/impunity”);
(i) Concerns about a legislative or policy framework (“Legislation”).
7 Where there is evidence of an intent to kill on the part of law enforcement officials in situations where
there is clearly no justification for resort to lethal force, cases have been counted as attacks or killings.
74
26
Number of individual cases raised by gender (%)
Male 74%
Female 26%
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20. The Special Rapporteur took up a high number of cases related to due diligence
obligations, failure to conduct adequate investigations and impunity. The Special
Rapporteur reminds States of their responsibility to exercise due diligence to prevent,
punish and redress the harm caused by non-State actors. She further notes that a failure to
investigate allegations of violations of the right to life and bring perpetrators of such
violations to justice could in and of itself give rise to a separate violation of the right to life
on the part of the State.8 Such investigations are also vitally important for preventing a
culture of impunity. She further highlights that the revised Minnesota Protocol9 provides
important guidance on practical steps to ensure investigations into potentially unlawful
deaths are prompt, effective and thorough, and conducted with independence, impartiality
and transparency as required by international human rights law standards.
21. Cases concerning death threats also feature prominently in the work of the Special
Rapporteur, with a view to preventing possible extrajudicial killings. She highlights the
responsibilities of States to provide, through judicial or other means, effective protection of
individuals and groups who may be subject to extra-legal, arbitrary or summary executions,
including those who receive death threats.
22. With regard to attacks or killings by non-State actors, the majority of these
communications focused on killings of human rights defenders (HRD). Several
communications dealt with patterns of killings, including by unknown assailants in the
context of the “war on drugs,” or of indigenous peoples. These cases can involve
staggering numbers of alleged extrajudicial killings, with victims in some instances
numbering in the hundreds or thousands. Another group of NSA victims highlighted by the
Special Rapporteur are LGBTQI individuals. She calls on States facing patterns of killings
by non-State actors to do more to ensure the protection of vulnerable individuals or groups
8 See also Human Rights Committee, General Comment 31, The Nature of the General Legal
Obligation Imposed on States Parties to the Covenant, CCPR/21ev.1/Add.13, para. 15: “A failure by a
State Party to investigate allegations of violations could in and of itself give rise to a separate breach
of the Covenant”.
9 The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016): The Revised
United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions available at
http://www.ohchr.org/EN/Issues/Executions/Pages/RevisionoftheUNManualPreventionExtraLegalAr
bitrary.aspx
54
37
34
30
26
23
14
8
2
Due diligence/Impunity
Death threats
Death penalty safeguards
Attacks or killings by NSA
Excessive use of force
Attacks or killings
Deaths in custody
Legislation
Expulsion
0 10 20 30 40 50 60
Number of communications by alleged violation
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in line with their due diligence obligations. Where it is alleged that State actors are
participating in patterns of extrajudicial killings, she calls on States to take immediate steps
to ensure their security forces are abiding by human rights law and standards and to
investigate all cases, and bring perpetrators to justice.
23. Cases of excessive use of force also feature prominently in the submissions received
and cases taken up. These cases frequently concern the management of assemblies,10
particularly the use of firearms against protestors. Cases have also been raised in relation to
the use of excessive force during the arrest or apprehension of suspects. The Special
Rapporteur recalls the importance of the Code of Conduct for Law Enforcement Officials
and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials in
this context. She recalls in particular that intentional lethal use can only be resorted to when
it is strictly unavoidable in order to protect life. She further highlights that, with regard to
assemblies, the use of force by law enforcement officials should be exceptional, and
assemblies should ordinarily be managed with no resort to force (A/HRC/31/66). A number
of the communications concerned alleged excessive use of force in the context of the “war
on drugs”. In this regard, the Special Rapporteur reminds that the aforementioned standards
continue to apply in cases of internal political instability or any other public emergency and
underlines that an individual’s use of drugs cannot constitute grounds for curtailing his or
her rights. She notes that the Special Rapporteur on the right to health has observed that the
“war-on-drugs” approach to drug not only fails to prevent health-related harms of drug use,
but also fails to achieve genuine drug control (A/65/255). Furthermore, in the Outcome
document unanimously adopted at 2016 Special Session of the General Assembly on the
world drug problem in 2016, all Member States of the United Nations committed that drug
programmes, strategies and policies must be implemented in accordance with States’
human rights obligations and with a view to promote the protection of and respect for
human rights and the dignity of all individuals (A/RES/S-30/1).
24. During the reporting period, the Special Rapporteur also sent communications to
three non-State actors directly raising allegations of human rights violations related to due
diligence/immunity, death threats and death penalty safeguards.
1.5 Groups addressed by communications
25. The graph below indicates the groups of people addressed in the communications
sent by the Special Rapporteur by numbers of communications sent.
Over a quarter of communications addressed human rights defenders and were sent in
conjunction with the Special Rapporteur on the situation of human rights defenders. The
Special Rapporteur also continued to raise alleged violations of the right to life against
journalists, bloggers and writers (in conjunction with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression).
26. The Special Rapporteur notes with serious concern that a number of submissions
received and cases taken up concerned children. Many of these related to individuals who
have been sentenced to death or executed for alleged crimes committed as children.11 Other
communications concerned attacks or killings or excessive use of force against children.
27. Five communications concerned refugees and migrants. Violations of the right to
life of asylum seekers, refugees and migrants constitutes a crisis, characterized by mass
casualties globally, a regime of impunity for its perpetrators and an overall tolerance for its
fatalities, which needs urgent action. The Special Rapporteur calls on States,
10 An “assembly”, generally understood, is an intentional and temporary gathering in a private or public
space for a specific purpose, and can take the form of demonstrations, meetings, strikes, processions,
rallies or sit-ins with the purpose of voicing grievances and aspirations or facilitating celebrations (see
A/HRC/20/27, para. 24, and A/HRC/31/66, para. 19).
11 See paragraph 41 below.
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intergovernmental organizations and other actors to implement the recommendations in her
report on the subject (A/72/335).
C. Observations on the death penalty and communications transmitted to
States concerning alleged violations of safeguards (tabulation B)
28. Because of the urgency of the cases brought to her attention, the Special Rapporteur
sends many communications concerning possible instances of the unlawful application of
the death penalty. During the reporting period, the Special Rapporteur sent 34
communications on the death penalty to 16 States and one non-State actor.
29. In its resolution 35/15, the Human Rights Council requested the Special Rapporteur
in carrying out her mandate “[t]o continue to monitor the implementation of existing
international standards on safeguards and restrictions relating to the imposition of capital
punishment, bearing in mind the comments made by the Human Rights Committee in its
interpretation of article 6 of the International Covenant on Civil and Political Rights, as
well as the Second Optional Protocol thereto.” In this respect, the Special Rapporteur has
included in tabulation B the status of individuals who were the subject of communications
with regard to the application of the death penalty. She urges all States concerned to
provide updated information on the status of the subjects of these urgent appeals.
30. The Special Rapporteur applauds those countries that have added their names to the
list of States that have abolished the death penalty. Data for 2017 show an overall decrease
in the use of the death penalty, as well as a fall in the number of States imposing the death
sentence and carrying out executions.
31. The Special Rapporteur is highly concerned that a minority of States resort to the
death penalty in their anti-terrorism campaigns disregarding international law and standards
for the imposition of the death penalty and the protection of the right to life in their quest to
thwart a real or perceived threat posed by terrorism. In many cases brought to her attention,
the death penalty is imposed for offences related to “terrorism” that do not involve
intentional killing. She recalls that being affiliated with, being a member of, or simply
supporting the causes of a group defined as “terrorist” under domestic law cannot be
equated to having committed a heinous crime, let alone an intentional murder. Furthermore,
there are a number of examples of journalists, human rights defenders and individuals
calling for equal rights being sentenced to death under elastic definitions of “terrorism.”
32. The Special Rapporteur is seriously concerned that some governments have resumed
executions for terrorist-related offences after years of death penalty moratoriums and that
several states have considered resuming executions or even re-introducing the death penalty
after having abolished it. She reminds Member States that reintroducing the death penalty
in countries that were de jure or de facto abolitionist runs contrary to the repeated
resolutions by the United Nations General Assembly12 calling on States that maintain the
death penalty to progressively reduce its use, establish a moratorium, and for those that
have abolished the death penalty, not to re-introduce it. Such a re-introduction is also
contrary to article 6 (2) of the International Covenant on Civil and Political Rights
(ICCPR), the Second Optional Protocol to the ICCPR for the states who have ratified it and
runs contrary to international trends towards the progressive abolition of the death penalty.
12 See for instance General Assembly resolution 71(187 (A/RES/71/187), resolution 69/186
(A/RES/69/186), resolution 67/176 (A/RES/67/176), resolution 65/206 (A/RES/65/206), resolution
63/168 (A/RES/63/168) and resolution 62/149 (A/RES/62/149).
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33. The graph below reflects the number of communications sent to each State on
alleged violations in relation to the death penalty.
34. As indicated in the table below, the main alleged violations regarding the imposition
of the death penalty include: fair trial concerns in judicial procedures leading to the
imposition of the death penalty (26); the imposition of the death penalty for crimes that do
not meet the threshold of “most serious crimes” (12); extraction of confessions under
torture/duress (12); sentencing to death or execution of an individual who was a child at
time of alleged offense (6), concerns about a legislative or policy framework in relation to
the death penalty (3), and use or proposed use of a method of execution which violates
human rights standards (2).
0 1 2 3 4 5 6 7 8
Yemen
USA
United Arab Emirates
Singapore
Saudi Arabia
Philippines
Pakistan
Other Actor
Maldives
Malaysia
Lebanon
Iraq
Iran
Indonesia
Egypt
Bahrain
Afghanistan
Communications sent on alleged Death Penalty violations by Country
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14
35. The Special Rapporteur continues to be alarmed at the number of cases in which the
death sentence was allegedly imposed following judicial procedures that fall short of
international standards of fair trial and due process, a necessary requirement for the lawful
imposition of this type of punishment. Twenty-six out of the 34 communications
considered in Tabulation (B) address this issue (76%). The Special Rapporteur wishes to
remind States that have retained this form of punishment that the death penalty may only be
carried out following a legal process that provides all possible safeguards to ensure a fair
trial, and that only full respect of these guarantees distinguishes capital punishment as
possibly permitted under international law from an arbitrary execution.
36. The Special Rapporteur recalls that the implementation of the death penalty may
amount to an arbitrary execution if there is evidence that it was imposed as a result of
systemic biases in the judicial process, from the investigation to sentencing. Evidence
indicates that the death penalty disproportionately affects people living in poverty, for a
number of reasons, including the high cost of legal advice, fees and associated costs, the
lack of adequate legal aid for the poor, corruption, unfamiliarity with the laws and
procedures; insufficient knowledge of the language in which proceedings are conducted.
Poverty further compounds the obstacles faced by certain groups who already face inherent
discrimination due to their gender, ethnicity, race, or migration status.
37. The Special Rapporteur also recalls that women are often sentenced to death against
a backdrop of gender-based violence, and long-term abuse, and because of judicial biases,
including the failure of the Courts to recognise persistent domestic violence as grounds of
self-defence.
38. She is also concerned that in ten communications sent to States, the conviction of
the defendant relied upon confessions extracted under torture or duress. The extraction of
confessions under torture and the acceptance of such confessions as evidence of guilt
constitute flagrant violations of both the International Covenant on Civil and Political
Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT).
26
12
12
6
3
2
1
Fair trial concerns
Not " most serious crimes"
Extraction of confessions under torture/duress
Child at time of offense
Legislation
Method of execution
DP against individual with disability
0 5 10 15 20 25 30
Death penalty safeguards - Number of communications by alleged violation
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15
39. The Special Rapporteur re-iterates her concerns that again during this reporting
period, several communications addressed the imposition of the death penalty for offences
that do not meet the threshold of “most serious crime”, in particular for drug offenses. In
this regard, the Special Rapporteur would like to reiterate that under international law, the
death penalty may only be imposed for the “most serious crimes”, which has been
interpreted to mean “intentional killing”. Drug related offences do not involve killing, much
less intentional killing, and as such may not constitute the basis of any sentence to death.
She further recalls that “victimless offences […] including treason, espionage or other
vaguely defined acts usually described as ‘crimes against the State’” do not meet the “most
serious crimes” threshold (E/CN.4/2001/9 para. 83).
40. The Special Rapporteur has also sent a number of communications on individuals
convicted for crimes committed when they were children (seven communications). The
Special Rapporteur underlines that the death penalty cannot be imposed on individuals who
were under 18 at the time of the commission of the alleged offence (regardless of their age
at the time of sentencing or of execution). Furthermore, the burden of proof should be
placed on the prosecution to demonstrate that a defendant was an adult at the time of the
commission of the alleged crime.
41. Two communications sent during the reporting period concerned an alleged
violation in the method of execution. She highlights that the longstanding position of the
United Nations Human Rights Committee is that imposition of the death penalty in a
manner that is contrary to another provision of the ICCPR also violates article 6. Thus,
failure to respect article 7 by imposing the death penalty in a manner that constitutes torture
or cruel, inhuman or degrading treatment would inevitably render the execution arbitrary in
nature and be in violation of article 6.
42. The Special Rapporteur would like to restate, as did her predecessors, that any death
sentence implemented in contravention of any Government’s international obligations is
tantamount to an arbitrary execution.
43. She also wishes to reiterate that there is no evidence that the death penalty deters
crime more than other forms of punishment would and encourages retentionist States to
consider an official moratorium on the death penalty with a view to its full abolition.
A/HRC/38/44/Add.3
16
III. Tabulation (A) of cases transmitted and replies received to communications sent during the reporting period
44. In Tabulation (A) all communications have been grouped by country, with countries
listed alphabetically according to their names in English. The electronic version of the
present document has each communication sent and reply received hyperlinked, and
clicking on them will open the communication sent and the reply from the concerned State,
respectively, as uploaded on the OHCHR website. All communications are also available in
the Special Procedures communication reports.
45. Each communication is referenced as urgent appeal (UA), allegation letter (AL),
joint urgent appeal (JUA) and joint allegation letter (JAL). This is followed by the date
when the communication was issued, as well as the case number and, when applicable, the
State’s reply.
A. Violations alleged
46. In Tabulation (A) on communications and replies, the violations are classified into
the following categories, using the short versions in parentheses (see paragraph 19 above
for the full definitions).
B. Character of replies received
47. The replies received have been classified according to the following six categories
designed to assist the Human Rights Council in its task of evaluating the responses received
to the communications sent within the reporting period and the effectiveness of the
mandate:
(a) “No response” denotes the absence of a response to a communication sent
within the reporting period;
(b) “Acknowledgement of receipt” refers to a reply acknowledging receipt that
the communication was received and/or that it has been transmitted to the relevant State
authorities;
(c) “Substantive response” denotes a reply that is fully or partially responsive to
the allegations and/or that substantively clarifies the facts. It does not, however, imply that
the action taken necessarily complies with international human rights law.
(d) “Translation awaited” indicates that a response has been received, but has not
yet been translated by the relevant services of the United Nations.
A /H
R C
/3 8
/4 4
/A d
d .3
1 7
C. Tabulation (A)
* Type of Communication: UA: Urgent Appeal; JUA: Joint Urgent Appeal; AL: Letter of Allegation; JAL: Joint Letter of Allegation.
Country
Type of
communication* Date and case Subjects concerned Reply and type of reply Violations alleged
Afghanistan UA 02 Jun 2017
(AFG 1/2017)
Group of 11 individuals Substantive response 18
Apr 2018
Death penalty safeguards
Afghanistan JUA 15 Jan 2018
(AFG 1/2018)
5 males No response Expulsion
Bahrain JUA 27 Mar 2017
(BHR 4/2017)
1 male (HRD) Substantive response 24
Apr 2017
Death threats
Bahrain JAL 22 May 2017
(BHR 5/2017)
1 female individual; 6 male
individuals; group of
individuals (protestors)
Substantive response 20
Jul 2017
Death penalty safeguards; death
threats; excessive force
Bahrain JUA 09 Jun 2017
(BHR 6/2017)
5 male individuals and
group of protestors
Substantive response 06
Jul 2017
Excessive force
Bahrain JUA 01 Dec 2017
(BHR
12/2017)
1 male Substantive response 13
Dec 2017
Deaths in custody
Bahrain JUA 07 Feb 2018
(BHR 1/2018)
3 males (protestor) Substantive response 06
Mar 2018
Death penalty safeguards
Bahrain JUA 14 Feb 2018
(BHR 2/2018)
1 male (protestor) Substantive response 13
Mar 2018
Death penalty safeguards
Brazil JAL 03 Aug 2017
(BRA 6/2017)
1 female; 10 male (HRD) Substantive response 23
Mar 2018
Attacks or killings; attacks or
killings by NSA; death threats;
due diligence/impunity
Brazil JAL 30 Aug 2017
(BRA 7/2017)
2 females; 3 males
(children)
No response Attacks or killings
Brazil JAL 20 Nov 2017
(BRA
2 females; 4 males (HRDs) Substantive response 23
Mar 2018
Attacks or killings by NSA;
death threats
A /H
R C
/3 8
/4 4
/A d
d .3
1 8
10/2017)
Cameroon JAL 26 Oct 2017
(CMR 5/2017)
2 females (HRDs – including LGBTI rights)
No response Attacks or killings by NSA;
death threats; due
diligence/impunity
Cameroon JUA 10 Nov 2017
(CMR 4/2017)
Group of individuals
(protestors)
No response Excessive force
Chad JAL 02 Aug 2017
(TCD 2/2017)
Group of individuals No response Due diligence/impunity
Colombia JUA 20 Jun 2017
(COL 3/2017)
1 male; 1 female (HRDs) Substantive response 19
Jul 2017
Attacks or killings by NSA;
death threats; due
diligence/impunity
Colombia JAL 19 Oct 2017
(COL 4/2017)
2 females; 2 males (HRDs) No response Attacks or killings by NSA;
death threats; Due
diligence/impunity
Colombia JUA 01 Feb 2018
(COL 1/2018)
1 male (HRD) No response Attacks or killings by NSA;
death threats; Due
diligence/impunity
Colombia JUA 15 Feb 2018
(COL 2/2018)
1 male (HRD) Substantive response 06
Apr 2018
Attacks or killings by NSA;
Death threats; Due
diligence/Impunity
Democratic Republic of
the Congo
JAL 05 May 2017
(COD 1/2017)
1 female individual; 2 male
individuals; group of
individuals (HRDs)
No response Attacks or killings; attacks and
killings by NSA
Democratic Republic of
the Congo
JAL 25 Jan 2018
(COD 1/2018)
2 males (indigenous) No response Attacks or killings
Democratic Republic of
the Congo
JUA 27 Feb 2018
(COD 3/2018)
2 males (HRD) and group
of protestors
No response Death threats; excessive force
Ecuador JAL 24 Jul 2017
(ECU 1/2017)
1 female (political
activist/politician)
Acknowledgement of
receipt 25 Jul 2017;
Substantive response 22
Sep 2017
Death threats
Ecuador JAL 03 Nov 2017
(ECU 2/2017)
2 females (HRD) Acknowledgement of
receipt 16 Nov 2017;
Substantive response 03
Jan 2018; Annex to
substantive response 03
Attacks or killings by NSA;
death threats; due
diligence/impunity
A /H
R C
/3 8
/4 4
/A d
d .3
1 9
Jan 2018
Egypt JUA 15 Jun 2017
(EGY 8/2017)
6 males Substantive response 23
Aug 2017
Death penalty safeguards
Egypt JUA 12 Jan 2018
(EGY 2/2018)
1 female; 5 males No response Death penalty safeguards
Egypt JAL 01 Feb 2018
(EGY 3/2018)
6 males No response Attacks or killings; deaths in
custody; due diligence/impunity
El Salvador JAL 26 May 2017
(SLV 2/2017)
4 female (HRD, LGBTI) Substantive response 21
Jul 2017;
Acknowledgement of
receipt 21 Jul 2017
Attacks or killings by NSA;
death threats; due
diligence/investigations
France JUA 08 May 2017
(FRA 3/2017)
1 male (HRD) Substantive response 15
May 2017
Death threats
Guatemala JAL 23 Mar 2017
(GTM 2/2017)
Group of 40 female
children
Acknowledgement of
receipt 01 Jun 2017;
Substantive response 01
Jun 2017
Deaths in custody; due
diligence/impunity
Guatemala JUA 12 Jul 2017
(GTM 4/2017)
1 male No response Death threats
Guatemala JAL 13 Dec 2017
(GTM 7/2017)
1 male (trade unionist) Substantive response 15
Feb 2018
Attacks or killings by NSA; due
diligence/impunity
Guatemala JAL 01 Feb 2018
(GTM 1/2018)
1 male (HRD, indigenous) Substantive response 09
Apr 2018
Attacks or killings by NSA; due
diligence/impunity
Haiti JAL 16 Mar 2017
(HTI 3/2017)
Group of prisoners No response Deaths in custody
Haiti JAL 12 Jan 2018
(HTI 5/2017)
Group of prisoners Acknowledgement of
receipt 31 Jan 2018
Deaths in custody
Honduras JAL 17 May 2017
(HND 4/2017)
1 female (HRD,
indigenous)
No response Attacks or killings by NSA; due
diligence/impunity
Honduras JAL 10 Jul 2017
(HND 5/2017)
1 female (HRD, LGBTI) No response Attacks or killings by NSA;
death threats; due
diligence/impunity
Honduras JUA 03 Aug 2017
(HND 6/2017)
1 male (HRD – LGBTI rights)
Substantive response 25
Oct 2017
Attacks or killings by NSA;
death threats; due
diligence/impunity
Hungary JUA 14 Jul 2017 Group of individuals Substantive response 29 Deaths in custody
A /H
R C
/3 8
/4 4
/A d
d .3
2 0
(HUN 4/2017) (persons with disabilities) Aug 2017
India JUA 28 Jul 2017
(IND 6/2017)
Group of 10 individuals No response Attacks or killings by NSA; due
diligence/impunity
India JUA 11 Sep 2017
IND 11/2017
1 female (HRD, journalist) No response Attacks or killings by NSA; due-
diligence/impunity
India JAL 18 Sep 2017
(IND 10/2017)
1 female and 19 males
(children, protestors)
No response Attacks or killings; due
diligence/impunity; excessive
force
Indonesia JAL 17 Mar 2017
(IDN 1/2017)
1 male (indigenous) Acknowledgement of
receipt 22 Mar 2017
Deaths in custody; excessive
force;
Indonesia JAL 29 Sep 2017
(IDN 7/2017)
Group of individuals (
persons of African descent)
Substantive response 10
Oct 2017
Death penalty safeguards
Iran (Islamic Republic
of)
JUA 04 Apr 2017
(IRN 11/2017)
1 female Substantive response 08
Aug 2017; another
Substantive response 15
Mar 2018
Death penalty safeguards
Iran (Islamic Republic
of)
JUA 11 Apr 2017
(IRN 12/2017)
1 male Substantive response 31
Jul 2017
Death penalty safeguards
Iran (Islamic Republic
of)
JUA 18 Apr 2017
(IRN 16/2017)
2 males (children) No response Death penalty safeguards
Iran (Islamic Republic
of)
JUA 14 Jun 2017
(IRN 21/2017)
1 female and group of
individuals
Substantive response 11
Aug 2017; Substantive
response 11 Sep 2017
Attack or killings; due
diligence/impunity
Iran (Islamic Republic
of)
JUA 09 Aug 2017
(IRN 22/2017)
1 male (child) Substantive response 10
Oct 2017
Death penalty safeguards
Iran (Islamic Republic
of)
JUA 17 Oct 2017
(IRN 28/2017)
1 male (child) No response Death penalty safeguards
Iran (Islamic Republic
of)
JUA 13 Nov 2017
(IRN 30/2017)
1 male No response Death penalty safeguards
Iran (Islamic Republic
of)
JUA 4 Jan 2018
(IRN 1/2018)
Group of 21 protestors
(Children)
Substantive response 15
Jan 2018
Excessive force
Iran (Islamic Republic
of)
JUA 16 Jan 2018
(IRN 2/2018)
1 male (child) No response Death penalty safeguards
Iran (Islamic Republic JUA 20 Feb 2018 1 male Substantive response 15 Death penalty safeguards
A /H
R C
/3 8
/4 4
/A d
d .3
2 1
of) (IRN 5/2018) Mar 2018
Iraq JAL 15 Mar 2017
(IRQ 1/2017)
1 male (journalist) Substantive response 26
Jan 2018
Attacks or killings by NSA;
death threats; due
diligence/impunity
Iraq UA 12 May 2017
(IRQ 2/2017)
3 males No response Death penalty safeguards
Israel JAL 18 Jan 2018
(ISR 4/2018)
3 males (child, individual
with disabilities, protestor)
No response Attacks or killings; due-
diligence/impunity; excessive
force
Italy OL 08 Aug 2017
(ITA 3/2017)
Group of migrants Substantive response 16
Oct 2017
Due diligence/impunity
Kenya JAL 11 Jul 2017
(KEN 9/2017)
Group of individuals No response Attacks or killings; excessive
force
Kenya JUA 12 Oct 2017
(KEN
13/2017)
Group of protestors Substantive response 18
Oct 2017
Due diligence/impunity;
excessive force;
Lebanon JAL 03 Oct 2017
(LBN 2/2017)
4 male refugees Response pending
translation
Deaths in custody; due
diligence/impunity
Lebanon JUA 02 Nov 2017
(LBN 4/2017)
1 male Substantive response 15
Nov 2017
Death penalty safeguards
Libya OL 11 Aug 2017
(LBY 3/2017)
Group of migrants No response Attacks or killings; attacks or
killings by NSA; deaths in
custody; due diligence/impunity
Malaysia UA 23 May 2017
(MYS 4/2017)
1 male Substantive response 27
Oct 2017
Death penalty safeguards
Maldives JAL 04 May 2017
(MDV 1/2017)
1 male (blogger, HRD) No response Attacks or killings by NSA;
death threats; due
diligence/impunity
Maldives UA 20 Jul 2017
(MDV 3/2017)
3 males; legislation No response Death penalty safeguards;
legislation
Malta JUA 18 Oct 2017
(MLT 2/2017)
1 female (journalist) Substantive response 20
Oct 2017
Attacks or killings by NSA;
death threats; due
A /H
R C
/3 8
/4 4
/A d
d .3
2 2
13 The purpose of this communication was to welcome the Government’s decision to abolish the death penalty and did not request a response.
diligence/impunity
Mauritania JUA 22 Dec 2017
(MRT 4/2017)
1 male (blogger, HRD) Substantive response 19
Jan 2018
Death threats
Mexico JAL 10 Apr 2017
(MEX 2/2017)
1 female (journalist) Substantive response 05
Dec 2017
Attacks or killings by NSA; Due
diligence/impunity
Mexico JUA 18 May 2017
(MEX 3/2017)
1 female (HRD) Substantive response 17
Jan 2018
Attacks or Killings by NSA;
death threats; due
diligence/impunity
Mexico JOL 16 Oct 2017
(MEX 5/2017)
Legislation No response Due diligence/impunity;
excessive force; legislation
Mexico JOL 11 Dec 2017
(MEX
10/2017)
Legislation Substantive response 13
Dec 2017; another
substantive response 07
Mar 2018
Due diligence/impunity;
excessive force; legislation
Mongolia JOL 14 Aug 2017
(MNG 1/2017)
Legislation Acknowledgement of
receipt 10 Jan 2018 13
N/A (welcoming legislative
changes)
Myanmar JUA 20 Apr 2017
(MMR
2/2017)
1 male (HRD) No response Death threats;
Nepal JAL 07 Jun 2017
(NPL 1/2017)
16 males (children,
protestors); group of
individuals; legislation
No response Attacks or killings; due
diligence/impunity; excessive
force; legislation
Nicaragua JUA 18 May 2017
(NIC 1/2017)
4 females (HRD,
indigenous, persons of
African descent)
Substantive response 02
Jun 2017
Attacks or killings by NSA;
death threats; due
diligence/impunity
Other actors OL 08 Aug 2017
(OTH
18/2017)
Group of individuals Substantive response 19
Oct 2017
Due diligence/impunity
Other actors JOL 06 Feb 2017
(OTH 2/2018)
2 females, 4 males (HRD) Acknowledgement/
request for extension of
reply time 10 Apr 2018
Death threats
Other actors JUA 24 Jan 2018
(OTH 3/2018)
1 male No response Death penalty safeguards
A /H
R C
/3 8
/4 4
/A d
d .3
2 3
Pakistan JAL 05 May 2017
(PAK 2/2017)
1 male Substantive response 28
Jul 2017
Attacks or killings by NSA; Due
diligence/impunity
Pakistan JUA 27 Jul 2017
(PAK 5/2017)
1 male (HRD) No response Death threats
Pakistan UA 08 Sep 2017
(PAK 7/2017)
1 male No response Death penalty safeguards
Pakistan OL 01 Dec 2017
(PAK 9/2017)
Legislation No response Death penalty safeguards;
Legislation
Peru JAL 08 Dec 2017
(PER 8/2017)
Legislation Acknowledgement of
receipt 13 Dec 2017
Due diligence/impunity
Philippines JUA 27 Mar 2017
(PHL 5/2017)
1 female (HRD; politician) Acknowledgement of
receipt 07 Apr 2017
Deaths in custody; Death penalty
safeguards; death threats; due
diligence/impunity
Philippines AL 14 June 2017
(PHL 7/2017)
1 female, 7 male Acknowledgement of
receipt 19 Jun 2017
Attacks or killings; attacks or
killings by NSA; due
diligence/impunity; excessive
use of force
Philippines JAL 19 Jun 2017
(PHL 6/2017)
4 males Acknowledgement of
receipt 20 Jun 2017;
Substantive response 18
Dec 2017
attacks or killings; due
diligence/impunity; excessive
force
Philippines JAL 27 Jul 2017
(PHL 8/2017)
1 unknown; 8 females; 38
males (HRD, indigenous,
labour union organizers)
Substantive response 02
Aug 2017; another
substantive response 18
Aug 2017
Attacks or killings; attacks or
killings by NSA; due
diligence/impunity; excessive
force;
Philippines JOL 29 Aug 2017
(PHL
11/2017)
Legislation Substantive response 18
Oct 2017
Attacks or killings; legislation
Philippines JAL 02 Oct 2017
(PHL
12/2017)
1 male (HRD) No response attacks or killings; attacks or
killings by NSA; death threats;
due diligence/impunity
Philippines JAL 13 Nov 2017
(PHL
13/2017)
2 female, 34 male Acknowledgement of
receipt 17 Nov 2017
Attacks or killings; attacks or
killings by NSA; excessive force
Philippines JUA 22 Jan 2018
(PHL 1/2018)
Group of individuals
(journalists)
No response Death threats
A /H
R C
/3 8
/4 4
/A d
d .3
2 4
Philippines JUA 26 Feb 2018
(PHL 2/2018)
5 females;23 males Acknowledgement of
receipt 05 Mar 2018
Attacks or killings; attacks or
killings by NSA, death threats;
due diligence/impunity
Romania JUA 05 May 2017
(ROU 1/2017)
21 females; 27 males
(persons with a disability)
No response Deaths in custody; due
diligence/impunity
Russian Federation JUA 13 Apr 2017
(RUS 4/2017)
group of 100 males
(LGBTI)
No response Attacks or killings; deaths in
custody; death threats
Saudi Arabia JUA 28 Jul 2017
(IND 6/2017)
34 males (protestors,
children, person with
disabilities)
Substantive response 13
Dec 2017
Death penalty safeguards
Saudi Arabia JUA 08 Feb 2018
(SAU 1/2018)
1 male Substantive response 22
Mar 2018
Death penalty safeguards
Singapore UA 20 Apr 2017
(SGP 1/2017)
1 male No response Death penalty safeguards
Singapore JUA 18 May 2017
(SGP 2/2017)
1 male Substantive response 28
Jun 2017
Death penalty safeguards
South Africa JAL 03 Jan 2018
(ZAF 2/2017)
1 male (HRD) No response Attacks or killings by NSA;
death threats; due
diligence/impunity
Spain JAL 12 Oct 2017
(ESP 1/2017)
1 female (HRD, journalist);
group of 200 migrants
Substantive response 25
Jan 2018
Death threats; excessive force;
expulsion
Sudan JAL 13 Feb 2018
(SDN 1/2018)
Group of individuals
(HRDs, protestors)
No response Excessive force
Thailand JAL 07 Sep 2017
(THA 5/2017)
1 male Acknowledgement of
receipt 13 Sep 2017;
Substantive response 03
Oct 2017
Deaths in custody
Togo JAL 19 Feb 2018
(TGO 1/2018)
Group of protestors Acknowledgement of
receipt 20 Feb 2018;
Substantive response 09
Apr 2018
Excessive force
Tunisia JOL 03 Jan 2018
(TUN 2/2017)
Legislation No response Excessive force; legislation
Turkey JAL 10 Apr 2017
(TUR 3/2017)
Group of 38 individuals
(including females and
children)
Substantive response 06
Jun 2017
Attacks or killings; death threats
A /H
R C
/3 8
/4 4
/A d
d .3
2 5
Turkey JUA 01 Jun 2017
(TUR 6/2017)
2 males; 3 females Acknowledgement of
receipt 21 Jul 2017
Due diligence/impunity
Uganda JAL 23 Aug 2017
(UGA 1/2017)
Group of individuals Substantive response 25
Oct 2017, Annexes 1, 2, 3,
4, 5 to substantive
response
Attacks or killings; due-
diligence/impunity; excessive
force
United Arab Emirates JUA 24 Mar 2017
(ARE 2/2017)
1 female (migrant) Acknowledgement of
receipt 20 Apr 2017;
Substantive response 25
Apr 2017
Death penalty safeguards
United Arab Emirates JAL 28 Jul 2017
(ARE 4/2017)
5 females; 20 unknown (
children)
No response Attacks or killings; due
diligence/impunity;
United Kingdom of
Great Britain and
Northern Ireland
JAL 18 Jan 2018
(GBR 8/2017)
1 female; 14 males (people
of African descent)
Substantive response 16
Mar 2018
Due diligence/impunity;
excessive force
United Kingdom of
Great Britain and
Northern Ireland
JOL 06 Feb 2018
(GBR 2/2018)
2 females; 4 males (HRD) Substantive response 30
Apr 2018
Death threats; due
diligence/impunity;
United States of
America
JUA 03 Apr 2017
(USA 4/2017)
8 males Substantive response 11
Apr 2017
Death penalty safeguards
United States of
America
JUA 03 Jul 2017
(USA
10/2017)
1 male (person with
disabilities)
Substantive response 18
Jul 2017
Death penalty safeguards
United States of
America
JAL 28 Jul 2017
(USA
11/2017)
5 females; 20 unknown
civilians (children)
No response Attacks or killings; due
diligence/impunity
United States of
America
JUA 03 Nov 2017
(USA
25/2017)
1 male Substantive response 02
Jan 2018
Death penalty safeguards
United States of
America
AL 22 Dec 2017
(USA
29/2017)
1 male (person of African
descent)
Substantive response 23
Apr 2018
Due diligence/Impunity;
excessive force;
A /H
R C
/3 8
/4 4
/A d
d .3
2 6
United States of
America
JUA 15 Feb 2018
(USA 4/2018)
1 male Substantive response 27
Apr 2018
Death penalty safeguards
Uruguay JUA 08 May 2017
(URY 1/2017)
2 males (HRD) Acknowledgement of
receipt 03 Jul 2017;
Substantive response 27
Jun 2017
Death threats; due diligence/
impunity
Venezuela (Bolivarian
Republic of)
JAL 26 Apr 2017
(VEN 2/2017)
Group of protestors;
Legislation;
Substantive response 10
Jul 2017
Excessive force; legislation
Venezuela (Bolivarian
Republic of)
JAL 28 Feb 2018
(VEN 1/2018)
1 male Substantive response 9
Apr 2018
Excessive force
Viet Nam JUA 25 Aug 2017
(VNM 5/2017)
1 male (prisoner) Acknowledgement of
receipt 23 Nov 2017;
Substantive response 24
Nov 2017
Deaths in custody; death threats;
due diligence/investigations
Yemen JUA 24 Jan 2018
(YEM 1/2018)
1 male No response Death penalty safeguards
A /H
R C
/3 8
/4 4
/A d
d .3
2 7
Communications sent outside the reporting period
Country
Type of
communication Date Subject(s) concerned Reply Violation(s) alleged
Egypt JUA 24 Feb 2017
(EGY 2/2017)
12 males Substantive response 05 Sep
2017
Death penalty safeguards
Iran (Islamic
Republic of)
JUA 28 Dec 2016
(IRN 33/2016)
3 males Substantive response on 31
Jan 2017, 10 May 2017, and
11 Jul 2017
Death penalty safeguards
Iran (Islamic
Republic of)
JUA 05 Aug 2016
(IRN 22/2016)
1 male Substantive response 08 Aug
2017
Death penalty safeguards
Iraq JAL 21 Dec 2016
(IRQ 2/2016)
Unknown Substantive response 15 Jun
2017
Attacks or killings
Lesotho JUA 30 Nov 2015
(LSO 1/2015)
1 male Substantive response on 01
Jun 2016 and 08 Sep 2017
Attacks or killings; death
threats
Malaysia UA 23 Feb 2017
(MYS 1/2017)
2 males Substantive response 10 Oct
2017
Death penalty safeguards
A/HRC/38/44/Add.3
28
IV. Tabulation (B) of cases transmitted to States concerning alleged violations of death penalty safeguards
48. Because of the urgency of the cases brought to his attention, the Special Rapporteur
sends many communications concerning the unlawful application of the death penalty.
49. In its resolution 17/5, the Human Rights Council requested the Special Rapporteur
in carrying out his mandate “[t]o continue to monitor the implementation of existing
international standards on safeguards and restrictions relating to the imposition of capital
punishment, bearing in mind the comments made by the Human Rights Committee in its
interpretation of article 6 of the International Covenant on Civil and Political Rights, as
well as the Second Optional Protocol thereto;”. In this respect, the Special Rapporteur has
included the following table on the status of individuals who were the subject of concern
with regard to the application of the death penalty in the present report. He urges all
concerned States to provide updated information on the status of the subjects of these
urgent appeals.
50. Tabulation (B) provides details on the 31 cases transmitted to Governments with
regards to alleged violations of death penalty safeguards, including identity of the
individuals concerned, the charges brought against them, the alleged violations of death
penalty safeguards, and an update on the current situation of those individuals (whether
executions had taken place or not). All death penalty communications are the objects of
follow-up to the extent possible. The Special Rapporteur expresses her continued gratitude
to various civil society and advocacy organizations that monitor whether an individual has
been executed..
Violations alleged
51. In Tabulation (B) of cases transmitted to States concerning alleged violations of
death penalty safeguards, the violations are classified into the following categories:
(a) Fair trial concerns in judicial procedures leading to the imposition of the
death penalty;
(b) The imposition of the death penalty for crimes that do not meet the threshold
of “most serious crimes”;
(c) Extraction of confession under torture;
(d) Sentencing to death or execution of an individual who was a child at time of
alleged offense Child at time of offense;
(e) Execution or sentencing to death of a person with intellectual or psychosocial
disability (“DP against individual with disability”);
(f) Use or proposed use of a method of execution which violates human rights
standards (“method of execution”);
(g) Concerns about a legislative or policy framework in relation to the death
penalty (“Legislation”)..
* Individuals were executed before the communication was sent
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Tabulation (B)
Country
Date appeal
sent
Date response
received Name of individual Charge alleged Violation alleged
Status as far as could be
established
Afghanistan 02/06/2017 18/04/2018 11 individuals Terrorism-related
offences
Fair trial concerns Remain at risk
Bahrain 22/05/2017 20/07/2017 Mr. Abbas Al-Samea, Mr.
Ali Al-Singace, Mr. Sami
Mushaima, Mohammed
Ramadan, Husain Ali
Moosa
Terrorism-related
offences; murder
Extraction of
confession under
torture; fair trial
concerns
Mr. Abbas Al-Samea, Mr.
Ali Al-Singace, Mr. Sami
Mushaima, were executed
on 15/12/2016.* Mr.
Mohammed Ramadan and
Mr. Husain Ali Moosa
remain at risk
Bahrain 07/02/2018 06/03/2018 Mr. Fadhel Sayed Abbas
Hassan Radhi
Mr. Mohamed AbdulHasan
Ahmed AlMutaghawi
Mr. Sayed Alawi Husain
Alawi Husain
Terrorism-related
offences; murder
Extraction of
confession under
torture; fair trial
concerns; not “most serious crimes”
The sentences of Mr.
Fadhel Sayed Abbas
Hassan Radhi,
Mr. Mohamed
AbdulHasan Ahmed
AlMutaghawi and
Mr. Sayed Alawi Husain
Alawi Husain were
commuted to life
imprisonment
Bahrain 14/02/2018 13/03/2018 Mr. Maher al-Khabbaz Terrorism-related
offences; murder
Extraction of
confession under
torture; fair trial
concerns;
Remains at risk
Egypt 15/06/2017 23/08/2017 Mr. Abd Elrahman Attia
Mr. Ahmed al-Waleed al-
Shal
Mr. Basem Mohsen
Elkhorieby
Mr. Ibrahim Yahia Azab
Mr. Khaled Askar
Mr. Mahmoud Mamhouh
Wahba
Terrorism-related
offences; murder
Extraction of
confession under
torture; fair trial
concerns;
Remain at risk
Egypt 12/01/2018 Mr. Abdulsalam Shoaib Terrorism-related Extraction of Mr. Loutfy Ibrahim
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Country
Date appeal
sent
Date response
received Name of individual Charge alleged Violation alleged
Status as far as could be
established
Abdulsalam Shoaib
Mr. Ahmed Abdel Hady
Mohammed al-Suhaimy
Mr. Ahmed Abdel Moneim
Salama Ali Salama
Mr. Loutfy Ibrahim Ismael
Khalil
Mr. Sameh Abdallah
Mohammed Youssef
Ms. Samia Mohamed
Dawood Shanan
offences; murder confession under
torture; fair trial
concerns;
Ismael Khalil, Mr. Ahmed
Abdel Moneim Salama
Ali Salama, Mr. Ahmed
Abdel Hady Mohammed
al-Suhaimy and Mr.
Sameh Abdallah
Mohammed Youssef were
executed on 02/01/2018.*
Ms. Samia Mohamed
Dawood Shanan and Mr.
Abdulsalam Shoaib
Abdulsalam Shoaib
remain at risk. Mr. Tarek
Saad Hassan Shanan was
found not guilty and
released.
Indonesia 29/09/2017 10/10/2017 14 males including 8
Nigerian nationals
Drug offences Extraction of
confession under
torture; fair trial
concerns; not "most
serious crimes"
Three Nigerian nationals
were executed on
29/07/2016.*
The other 11 individuals
remain at risk.
Iran (Islamic
Republic of)
04/04/2017 08/08/2017
15/03/2018
Ms. Marjan Davari spreading
corruption on
earth
Fair trial concerns;
not "most serious
crimes"
Remains at risk
Iran (Islamic
Republic of)
11/04/2017 31/07/2017 Mr. Reza Karimi Drug offences;
murder
Fair trial concerns;
not "most serious
crimes"
No updated information
available at time of issue
Iran (Islamic
Republic of)
18/04/2017 Mr. Mehdi Bahlouli
Mr. Peyman Barandah
Murder Child at time of
offense; fair trial
concerns
Mr. Mehdi Bahlouli is no
longer at risk.
Mr. Peyman Barandah
remains at risk
Iran (Islamic
Republic of)
09/08/2017 10/10/2017 Mr. Alireza Tajiki Murder; forced
male to male anal
intercourse
Child at time of
offense; extraction of
confession under
Mr. Alireza Tajiki was
executed on 10/08/2017
* Individuals were executed before the communication was sent
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Country
Date appeal
sent
Date response
received Name of individual Charge alleged Violation alleged
Status as far as could be
established
torture; fair trial
concerns
Iran (Islamic
Republic of)
17/10/2017 Mr. Amirhossein Pourjafar Rape; murder Child at time of
offense
Mr. Amirhossein
Pourjafar was executed on
04/01/2018
Iran (Islamic
Republic of)
13/11/2017 Mr. Ahmadreza Djalali corruption on the
earth
extraction of
confession under
torture; fair trial
concerns;
Remains at risk
Iran (Islamic
Republic of)
16/01/2018 Mr. Abolfazl Chezani
Sharahi
Murder Child at time of
offense
Remains at risk
Iran (Islamic
Republic of)
20/02/2018 15/03/2018 Mr. Ramin Hossein Panahi taking up arms
against the state;
terrorism-related
offences
Extraction of
confession under
torture; fair trial
concerns;
Remains at risk
Iraq 12/05/2017 Mr. Bashar Abdullah
Mohammed
Mr. Marewan Ali Ismail
Mr. Neshwan Sabr Ali
Murder Fair trial concerns; Remain at risk
Lebanon 02/11/2017 15/11/2017 Mr. Sheikh Ahmad al-Assir Terrorism-related
offences; attack on
army
Extraction of
confession under
torture; fair trial
concerns;
Remains at risk
Malaysia 23/05/2017 27/10/2017 Mr. Yong Kar Mun Armed robbery Not "most serious
crimes"
Mr. Yong Kar Mun was
executed on 24/05/2017
Maldives 20/07/2017 Mr. Ahmed Murrath
Mr. Hussain Humaam
Ahmed
Mr. Mohamed Nabeel
Murder Fair trial concerns Remain at risk
Mongolia 14/08/2017 10/01/2018 Legislation N/A - Welcoming
legislative changes
Other actors 24/01/2018 Mr. Hamid Kamali Bin
Haydara
Compromising the
independence of
the Republic of
Yemen
Fair trial concerns;
not "most serious
crimes"
Remains at risk
Pakistan 08/09/2017 Mr. Muhammad Iqbal Murder; robbery Child at time of
offense
Remains at risk
Pakistan 01/12/2017 Legislation Not "most serious
crimes"
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Date appeal
sent
Date response
received Name of individual Charge alleged Violation alleged
Status as far as could be
established
Philippines 27/03/2017 Legislation Proposal to re-instate
the death penalty
Saudi Arabia 28/07/2017 13/12/2017 Mr. Abbas al-Abed
Mr. Abbas Hassan
Mr. Abdulaziz al-Sahawi
Mr. Abdullah al-Zaher
Mr. Abdullah Hani al-Tarif
Mr. Abed al-Rahim Ali al-
Faraj
Mr. Ahmad Hassan al-
Rabee
Mr. Albdelkareem al-Hawaj
Mr. Ali al-Rabah
Mr. Ali Mahmoud Ali
Hussein Abed Allah
Mr. Ali Mohammed al-
Nimr
Mr. Amjad al-Muebad
Mr. Ashraf Fayyad
Mr. Dawood al-Marhoon
Mr. Fadel al-Labad
Mr. Haydar al-Leif
Mr. Hussein al-Rabee
Mr. Hussein Abu al-Kheir
Mr. Hussein Ali al-Humaidi
Mr. Hussein Qassem al-
Aboud
Mr. Jaber al-Marhoon
Mr. Mahdi al-Sayegh
Mr. Mekdad Mohamed
Hassan al-Nimr
Mr. Mohammad Mansour
al-Nasser
Mr. Mohammed Faisal
Mohammed al-Shuyukh
Mr. Mohammed Taher
Mohammed al-Nimer
Mr. Mojtaba Nader
Abdullah Suwaiket
Protest-related
charges; terrorism-
related offences;
attack on security
forces; espionage
Child at time of
offense; fair trial
concerns; extraction
of confession under
torture; fair trial
concerns; not "most
serious crimes"
Mr. Yousef Musheikhas,
Mr. Amjad al-Muebad,
Mr. Mahdi al-Sayegh and
Mr. Zaher al-Basri were
executed on 12/07/2017.*
Mr. Sheikh Nimr Baqir al-
Nimr, Mr. Ali al-Rabah,
Mr. Mohammed Faisal
Mohammed al-Shuyukh,
Mr. Abed al-Rahim Ali al-
Faraj, Mr. Mekdad
Mohamed Hassan al-
Nimr, Mr. Mohammed
Taher Mohammed al-
Nimer and Mr. Ali
Mahmoud Ali Hussein
Abed Allah were executed
between 2016 and 2017.*
Mr. Abbas al-Abed, Mr.
Abbas Hassan, Mr.
Abdulaziz al-Sahawi, Mr.
Abdullah al-Zaher, Mr.
Abdullah Hani al-Tarif,
Mr. Ahmad Hassan al-
Rabee, Mr. Albdelkareem
al-Hawaj, Mr. Ali
Mohammed al-Nimr, Mr.
Dawood al-Marhoon, Mr.
Fadel al-Labad, Mr.
Hussein al-Rabee, Mr.
Hussein Abu al-Kheir, Mr.
Hussein Ali al-Humaidi,
Mr. Hussein Qassem al-
Aboud, Mr. Jaber al-
Marhoon, Mr. Mohammad
* Individuals were executed before the communication was sent
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Country
Date appeal
sent
Date response
received Name of individual Charge alleged Violation alleged
Status as far as could be
established
Mr. Munir al-Adam
Mr. Mustafa Ahmad
Darwish
Mr. Salman Amin al-
Qureish
Mr. Seed Mohammed al-
Skafi
Mr. Sheikh Nimr Baqir al-
Nimr
Mr. Yousef Musheikhas
Mr. Zaher al-Basri
Mansour al-Nasser, Mr.
Mohammed Taher
Mohammed al-Nimer, Mr.
Mojtaba Nader Abdullah
Suwaiket, Mr. Munir al-
Adam, Mr. Mustafa
Ahmad Darwish, Mr.
Salman Amin al-Qureish
and Mr. Seed Mohammed
al-Skafi remain at risk.
Mr. Ashraf Fayyad and
Mr. Haydar al-Leif, are no
longer at risk.
Saudi Arabia 08/02/2018 22/03/2018 Mr. Abbas Haiji A. Al-
Hassan
Treason;
terrorism-related
offences
Extraction of
confession under
torture; fair trial
concerns; not "most
serious crimes"
Remains at risk
Singapore 20/04/2017 Mr. Mohd Jeefrey Bin Jamil Drug offences Not "most serious
crimes"
Mr. Mohd Jeefrey Bin
Jamil was executed on
21/04/2017
Singapore 18/05/2017 28/06/2017 Mr. Muhammad Ridzuan
Bin Md Ali
Drug offences Not "most serious
crimes"
Mr. Muhammad Ridzuan
Bin Md Ali was executed
on 19/05/2017.
United Arab
Emirates
24/03/2017 20/04/2017
25/04/2017
Ms. Jennifer Dalquez Murder Fair trial concerns Ms. Jennifer Dalquez was
acquitted on 19/06/2017
United States
of America
03/04/2017 11/04/2017 Mr. Bruce Ward
Mr. Don Davis
Mr. Jack Harold Jones
Mr. Jason McGehee
Mr. Kenneth Williams
Mr. Ledell Lee
Mr. Marcel Williams
Mr. Stacey Johnson
Murder Fair trial concerns;
method of execution
Mr. Ledell Lee was
executed on 20/04/2017.
Mr. Jack Harold Jones and
Mr. Marcel Williams were
executed on 24/04/2017.
Mr. Kenneth Williams
was executed on
27/04/2017.
Mr. Bruce Ward, Mr. Don
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Date appeal
sent
Date response
received Name of individual Charge alleged Violation alleged
Status as far as could be
established
Davis and Mr. Stacey
Johnson remain at risk.
Mr. Jason McGehee had
his sentence reduced to a
life term without parole.
United States
of America
03/07/2017 18/07/2017 Mr. William Morva Murder DP against individual
with disability; fair
trial concerns;
Mr. William Morva was
executed on 06/07/2017.
United States
of America
03/11/2017 02/01/2018 Mr. Ruben Cárdenas
Ramírez
Murder Fair trial concerns Mr. Ruben Cárdenas
Ramírez was executed on
08/11/2017.
United States
of America
15/02/2018 Mr. Doyle Hamm Robbery-murder Fair trial concerns;
method of execution
No longer at risk
Yemen 24/01/2018 Mr. Hamid Kamali Bin
Haydara
Compromising the
independence of
the Republic of
Yemen
Fair trial concerns;
not "most serious
crimes"
Remains at risk
* Individuals were executed before the communication was sent
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Replies received outside of the reporting period
Country
Date appeal
sent
Date
response
received Name of individual Charge alleged Violation alleged
Status as far as could be
established
Egypt JUA 24 Feb 2017
(EGY
2/2017)
Mr. Ahmed Amin Ghazali
Amin
Mr. Abdul Basir Abdul Rauf
Mr. Ahmed Mustafa Ahmed
Mohamed
Mr. Mahmoud al-Sharif
Mahmoud
Mr. Mohamed Fawzi Abd al-
Gawad Mahmoud
Mr. Reda Motamad Fahmy
Abd al Monem
Terrorism-related
offences
Child at time of
offence; ; extraction of
confession under
torture; fair trial
concerns
Mr. Ahmed Amin Ghazali
Amin and Mr. Abdul Basir
Abdul Rauf remain at risk.
Mr. Ahmed Mustafa Ahmed
Mohamed, Mr. Mahmoud al-
Sharif Mahmoud, Mr.
Mohamed Fawzi Abd al-
Gawad Mahmoud and Mr.
Reda Motamad Fahmy Abd al
Monem were granted a re-trial
and their death sentences
annulled
Iran (Islamic
Republic of)
JUA 28 Dec 2016
(IRN
33/2016)
Mr. Himan Ouraminejad
Mr. Salar Shadizadi
Mr. Vali Yousef Zehi
Murder; drug
offenses
Child at time of
offense; fair trial
concerns;
Mr. Salar Shadizadi and Mr.
Himan Ouraminejad are no
longer at risk of execution.
Mr. Vali Yousef Zehi - No updated information available at time of issue
Iran (Islamic
Republic of)
JUA 05 Aug 2016
(IRN
22/2016)
Mr. Barzan Nasrollah Zadeh Enmity against
god; murder
Child at time of
offense; fair trial
concerns;
Remains at risk.
Malaysia UA 23 Feb 2017
(MYS
1/2017)
Mr. Suthar Batumalai
Mr. B. Rames Batumalai
Murder Fair trial concerns
Mr. Suthar Batumalai
and Mr. B. Rames Batumalai
were executed on 15/03/2017