RES/30/5 The question of the death penalty

Human Rights Council Thirtieth session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 October 2015

30/5. The question of the death penalty

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the Universal Declaration of Human Rights, the International Covenant on

Civil and Political Rights, the Convention on the Rights of the Child and the Convention

against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and

reaffirming that all States must implement their obligations under international human

rights law,

Recalling also the Second Optional Protocol to the International Covenant on Civil

and Political Rights aiming at the abolition of the death penalty,

Recalling further General Assembly resolutions 62/149 of 18 December 2007,

63/168 of 18 December 2008, 65/206 of 21 December 2010, 67/176 of 20 December 2012

and 69/186 of 18 December 2014 on the question of a moratorium on the use of the death

penalty,

Reaffirming the safeguards guaranteeing the protection of persons facing the death

penalty set out in the annex to Economic and Social Council resolution 1984/50 of 25 May

1984, and the provisions regarding the implementation of the guidelines contained in

Council resolutions 1989/64 of 24 May 1989 and 1996/15 of 23 July 1996,

Recalling all resolutions of the Commission on Human Rights on the question of the

death penalty, the last of which was resolution 2005/59 of 20 April 2005,

Recalling also Human Rights Council decision 18/117 of 28 September 2011 on

reporting by the Secretary-General on the question of the death penalty, Council resolution

22/11 of 21 March 2013 on a panel on the human rights of children of parents sentenced to

the death penalty or executed, Council decision 22/117 of 21 March 2013 on a high-level

panel discussion on the question of the death penalty and Council resolution 26/2 of 26

June 2014 on the question of the death penalty,

Taking note of the reports of the Secretary-General on the question of the death

penalty, in the latest of which1 the Secretary-General concluded that the imposition of the

death penalty was incompatible with human dignity, the right to life and the prohibition of

torture and other cruel, inhuman or degrading treatment or punishment, and highlighted the

consequences of the lack of transparency in the imposition and application of the death

penalty and the consequences arising at various stages of the imposition and application of

the death penalty for the enjoyment of the human rights of other affected persons,

Mindful of the work of special procedure mandate holders who have addressed

human rights issues related to the death penalty, including the Special Rapporteur on torture

and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on

extrajudicial, summary or arbitrary executions and the Special Rapporteur on the

independence of judges and lawyers,

Mindful also of the work undertaken by the treaty bodies to address human rights

issues related to the death penalty,

Recognizing the role of regional and subregional instruments and initiatives towards

the abolition of the death penalty,

Welcoming the fact that many States are applying a moratorium on the use of the

death penalty,

Noting that States with different legal systems, traditions, cultures and religious

backgrounds have abolished the death penalty or are applying a moratorium on its use,

Strongly deploring the fact that the use of the death penalty leads to violations of the

human rights of the persons facing the death penalty and of other affected persons,

Recalling the calls to consider whether the use of the death penalty violates the

prohibition of torture and other cruel, inhuman or degrading treatment or punishment,

including because of the death row phenomenon or the methods of execution,

Emphasizing the need to ensure that persons facing the death penalty are treated with

humanity and with respect for their inherent dignity, and to improve conditions in prisons in

accordance with international standards, such as the Standard Minimum Rules for the

Treatment of Prisoners,

Recalling that all methods of execution can inflict inordinate pain and suffering, and

that the circumstances in which executions are carried out, in particular public executions,

which imply an undignified exposure of the persons sentenced to death, and secret

executions or those with short or no prior warning add to the suffering of the persons

sentenced to death, as well as of other affected persons,

Emphasizing that lack of transparency in the use of the death penalty has direct

consequences for the human rights of the persons sentenced to death as well as for other

affected persons,

Acknowledging the interest in studying the question of the death penalty, as well as

in holding local, national, regional and international debates related thereto,

1. Urges all States to protect the rights of persons facing the death penalty and

other affected persons by complying with their international obligations, including the

absolute prohibition of torture and other cruel, inhuman or degrading treatment or

punishment;

1 A/HRC/30/18.

2. Calls upon States that have not yet acceded to or ratified the Second Optional

Protocol to the International Covenant on Civil and Political Rights aiming at the abolition

of the death penalty to consider doing so;

3. Calls upon States that have not yet abolished the death penalty to make

available relevant information, disaggregated by sex, age and other applicable criteria, with

regard to their use of the death penalty, inter alia, the number of persons sentenced to death,

the number of persons on death row, the number of executions carried out and the number

of death sentences reversed, commuted on appeal or in which amnesty or pardon has been

granted, which can contribute to possible informed and transparent national and

international debates, including on the obligations of States with regard to the use of the

death penalty;

4. Calls upon States to ensure that children whose parents or parental caregivers

are on death row, the inmates themselves, their families and their legal representatives are

provided, in advance, with adequate information about a pending execution, its date, time

and location, to allow a last visit or communication with the convicted person, the return of

the body to the family for burial or to inform on where the body is located, unless this is not

in the best interests of the child;

5. Requests the Secretary-General to dedicate the 2017 supplement to his

quinquennial report on capital punishment to the consequences arising at various stages of

the imposition and application of the death penalty on the enjoyment of the human rights of

the persons facing the death penalty and other affected persons, paying specific attention to

the right to equality and non-discrimination, including on foreign nationals, and to present it

to the Human Rights Council at its thirty-sixth session;

6. Decides that the upcoming biennial high-level panel discussion to be held at

the thirty-fourth session of the Human Rights Council will address the human rights

violations related to the use of the death penalty, in particular with respect to the prohibition

of torture and other cruel, inhuman or degrading treatment or punishment;

7. Requests the Office of the United Nations High Commissioner for Human

Rights to organize the panel discussion and to liaise with States, relevant United Nations

bodies, agencies, treaty bodies, special procedures and regional human rights mechanisms,

as well as with parliamentarians, civil society, including non-governmental organizations,

and national human rights institutions with a view to ensuring their participation in the

panel discussion;

8. Also requests the Office of the High Commissioner to prepare a summary

report on the panel discussion and to submit it to the Human Rights Council at its thirty-

sixth session;

9. Decides to continue its consideration of this issue in accordance with its

programme of work.

40th meeting

1 October 2015

[Adopted by a recorded vote of 26 to 13, with 8 abstentions. The voting was as follows:

In favour:

Albania, Algeria, Argentina, Bolivia (Plurinational State of), Brazil, Congo, Côte d’Ivoire,

El Salvador, Estonia, France, Gabon, Germany, Ireland, Kazakhstan, Latvia, Mexico,

Montenegro, Namibia, Netherlands, Paraguay, Portugal, Sierra Leone, South Africa, the

former Yugoslav Republic of Macedonia, United Kingdom of Great Britain and Northern

Ireland, Venezuela (Bolivarian Republic of)

Against:

Bangladesh, Botswana, China, Ethiopia, India, Indonesia, Japan, Nigeria, Pakistan, Qatar,

Saudi Arabia, United Arab Emirates, United States of America

Abstaining:

Cuba, Ghana, Kenya, Maldives, Morocco, Republic of Korea, Russian Federation, Viet

Nam]