The Council considers that Nepal has an obligation to ensure that the rule of law is observed,
that law enforcement agencies are accountable and that extrajudicial killings and
disappearances not continue.
(vi)
New Zealand
New Zealand is commended for its ratification of the ICCPR, CAT, CROC and the Second
Optional Protocol to the ICCPR.
New Zealand is commended for not having imposed the death penalty since 1957, abolishing
the death penalty for ordinary crimes in 1961 and de jure for all crimes in 1989.
The Council notes with concern that the New Zealand Extradition Act provides for the
discretionary power to extradite persons who may be subject to the death penalty. The
Council recommends that New Zealand confer on the Attorney-General a positive duty not to
surrender a person who may be subject to the death penalty.
The Council notes the continuing need for leadership and public education regarding the
issues surrounding the death penalty, New Zealand’s international legal obligations and
international standards and norms.
(vii)
Philippines
The Philippines is commended for its ratification of the ICCPR, CAT and CROC and is
encouraged to move towards the ratification of the Second Optional Protocol to the ICCPR.
The Council, however, expresses concern at the reintroduction of the death penalty in 1993
and the later expansion of categories of offences subject to the death penalty. It notes that the
reintroduction has resulted in a sharp increase in the number of detainees on whom the death
penalty has been imposed. The Philippines is commended for the introduction in March 2000
of a moratorium. The Council regrets, however, that the commutation of all death sentences
did not occur immediately.
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