sanctions and confiscation) appears in Article 3(4) of the related 1988 United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.46
This leads to an overwhelming inference that the imposition of the death penalty is
excluded as an appropriate or available punishment for narcotics crimes for States,
such as the Philippines, which are parties the 1961 or 1988 Conventions.
This is not affected by the travaux préparatoires to the two Conventions, which make it
clear that it was the intention of the parties that narcotics trafficking be the subject of
serious penalties which would adequately deter narcotics trafficking. While it may well
be the case that some of the parties to the Conventions retain the death penalty for
narcotics offences, it does not follow that the Conventions are capable of an
interpretation permitting, today, the fresh imposition of the death penalty for narcotics
offences.
In any event, there is an obligation under customary international law to move
towards abolition, and that obligation is inconsistent with re-imposition by
abolitionist States is of death penalty.
International law requires States to move towards eventual abolition of the death
penalty. Where a State, such as the Philippines, has already abolished the death
penalty by ratifying the Second Optional Protocol, any attempt to reintroduce the death
penalty is inconsistent with the obligation contained in the ICCPR to move towards
abolition.
The HRC has considered the question of whether there exists an obligation,
independent of the Second Optional Protocol, to move towards abolition of the death
penalty. In General Comment No. 6, the Committee states that
The article also refers generally to abolition in terms which strongly
suggest (paras. 2 (2) and (6)) that abolition is desirable. The Committee
46
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, opened for signature Dec. 20, 1988,
U.N. Doc. E/CONF.82/15 (1988) (entered into force Nov. 11, 1990).
Article 3 (4) states
(a) Each Party shall make the commission of the offences established in accordance with paragraph 1 of this
article liable to sanctions which take into account the grave nature of these offences, such as imprisonment or
other forms of deprivation of liberty, pecuniary sanctions and confiscation.
(b) The Parties may provide, in addition to conviction or punishment, for an offence established in accordance
with paragraph 1 of this article, that the offender shall undergo measures such as treatment, education,
aftercare, rehabilitation or social reintegration.
(c) Notwithstanding the preceding subparagraphs, in appropriate cases of a minor nature, the Parties may
provide, as alternatives to conviction or punishment, measures such as education, rehabilitation or social
reintegration, as well as, when the offender is a drug abuser, treatment and aftercare.
(d) The Parties may provide, either as an alternative to conviction or punishment, or in addition to conviction
or punishment of an offence established in accordance with paragraph 2 of this article, measures for the
treatment, education, aftercare, rehabilitation or social reintegration of the offender.
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