32. The Commission on Human Rights maintains that it is not against serving
justice to the victims andfully conformsthat perpetrators must be punished.
But the re-imposition of the death penalty is far from the solution which we
all yearn for.4° Webelieve that justice can be attained througheffective law
enforcement, impartial access to redress mechanisms and courts, and a
responsive penal system. What is a_ deterrent is a functional, unbiased,
efficient justice system that guarantees certainty of punishment for
perpetrators through due process and rule of law, together with broad public
confidence. We want to work towardsthis goal.
33. We sincerely sympathize with the victimsof violent crimes andtheir families.
We respect the pain and suffering of distraught relatives who call for
vengeance. However,their rage at the perpetrators cannot be used to warrant
violation of the latter's humanrights. The right to life is a right, not a prize
from the government that maybe taken awayfor bad behavior.4”
34. Perversely, there are victims and families of crimes who do not wish to seek
revenge and have chosen to promote mercy and compassion. Thefeelings of
relatives of murdervictims whoappealfor the lives of the perpetrators to be
spared out of compassion deserve respect. Indeed, the families of victims of
violence do not speak with one voice. A growing numberof themargue that
the death penalty does not help them come to terms with their personal
tragedies, but that it in fact creates more victims, simply perpetuating the
cycle of violence.48
35. In reality, many murdervictims' families believe that responding to one
killing with anotherdoes not honourthevictim. Often, they conclude that the
death penalty is profoundly harmful to their hopes of recovering from their
loss, partly becauseof the long delays and repeated appeals that are involved.
In diverse countries around the world, victims of appalling crimes, including
genocide, crimes against humanity, war crimes and terrorism, have
campaignedfor an endto the practice of legalkillings.49
36. The rights of victims and their families must absolutely be respected,
including the right to see effective investigations and properretribution for
crimes and the right to demand redress for the harm suffered, through
judicial and administrative mechanismsthat are expeditious, responsive, fair
andaccessible. This implies that all victims should be fully informed about
such processes, which should be inexpensive andallowfor the presentation of
victims' views and concerns.5°
37. Former US Supreme Court Justice John Paul Stevens in his opinion released.
in the 2008 judgment in Baze v. Rees, revealed that he had concluded, after
more than three decades on the country's highest court, that the death
penalty was a cruel waste of time. He stated that he has relied on his own
experience in reaching the conclusion that the imposition of the death
penalty represents the pointless and needless extinction oflife with only
“SCHR Position Paperon the Abolition of Death Penalty, issued on 5 November2008.
* Thid, 22.
“8 United State of America Speaking out: Voices against Death; Amnesty International Index: AMR
51/128/99 Distr: SC/DP. United Kingdom: October 1999
‘U.N. Secretary General Message to the High-Level Meeting on Moving Away from DeathPenalty:
The Voices ofVictims’ Families: See: hup://www.un.org/press/en/ 2015/sgsm17151.doc.hum(accessed
on 16 October2016).
Ibid.
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