The Council recommends that consideration be given to the commutation of all death sentences particularly those of persons under sentence of death for a prolonged period. The Council considers that the prolonged period of detention contravenes the Constitutional prohibition of “cruel and unusual punishment”. The Council recommends that the Philippines move towards de facto abolition of the death penalty and ultimately de jure abolition. The Council emphasizes and commends the Philippines Constitution which enshrines such principles as the presumption of innocence13 and freedom from torture or intimidation for those charged with criminal offences14. The Council is, however, concerned that the rights to competent and effective counsel and the requirement for an independent and impartial judiciary may not comply fully with Constitution guarantees. (viii) Sri Lanka Sri Lanka is commended for its ratification of the ICCPR, CAT and CROC and encouraged to work towards the ratification of the Second Optional Protocol to the ICCPR. The Council notes, however, that not all crimes currently punishable by death are the “most serious crimes” and recommends that the laws be amended so as to reflect the Council’s definition of “most serious crimes”. The Council notes with concern the possibility of the re-implementation of the death penalty in Sri Lanka and the expansion of the range of offences that would attract such a penalty. 13 14 Section 14(2), Constitution of the Republic of the Philippines (1987). Section 12(2), Constitution of the Republic of the Philippines (1987). 14