Key Points 5. Capital punishment was however reintroduced in 1993 to address a perceived rise in criminality, and seven executions were committed in 1999. A moratorium was issued by the government when several groups argued that death penalty failed to serve as a deterrent against the commission of crimes. On June 24, 2006, Republic Act No. 9346, “An Act prohibiting the imposition of the Death Penalty in the Philippines,” was enacted and signaled its abolition for the second time. 6. On 20 November 2007, the Philippines ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. Article 1 states: No one within the jurisdiction of a State Party to the present Protocol shall be executed; « Each sState Party shall take necessary measures to abolish death penalty within its jurisdiction. all the 7. Article 6 of the Second Optional Protocol also states that “the present Protocol shall not be subject to any derogation,” absolutely expressing that there is no mechanism provided for the State Party to withdraw from the Covenant. Comm. Karen Gomez-Dumpit at the National Congress Against the Death Penalty on October 10, 2019 8. However, in President Duterte’s first State of the Nation Address, the reimposition of the death penalty has been declared to be one of the means to eliminate criminality. 9. The International Covenant on Civil and Political Rights does not contain any provision regarding its termination and does not provide for denunciation or withdrawal. Without explicit provisions, the applicable rules of customary international law reflected in the Vienna Convention on the Law of Treaties (VCLT) must be considered. general rule for the and termination treaty. This lays down creation, the operation, of or withdrawal from a 10. If the Philippines insists on withdrawing from the Second Optional Protocol, the VCLT will be applied. Even if it can theoretically withdraw despite the absence of Despite formidable efforts to reintroduce the death penalty, we remain steadfast on our resolve to keeping the country death penalty free. It is not only a ‘ 4 the Philippines is still 1. Imposing death penalty, which violates domestic and international law, should not duty. Death penalty is a false ~ promise. Let us break free from death penalty. be considered as a way to curb criminality. COMM. KAREN GOMEZ-DUMPIT CHR COMMISSIONER ) exit, " legal obligation but a moral » N \ an accountable on the International Covenant Against Civil and Political Rights, given that the death penalty is a form of torture. On the 18th World Day Against Death Penalty 10 October 2020 00O /chrgovph CHR: Dignity of all Rather, ensuring that those who commit crimes are prosecuted and held accountable and that the Philippines’ judicial system is fair, professional, and competent which follows the rule of law and respects the rights of all is a better means of achieving better overall results.