concludes that all measures of abolition should be considered as
progress in the enjoyment of the right to life within the meaning of article
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40, and should as such be reported to the Committee.
Further, Resolution 2005/59 of the UN Commission on Human Rights:
Calls upon all States that still maintain the death penalty:
(a) To abolish the death penalty completely and, in the meantime, to
establish a moratorium on executions;
(b) Progressively to restrict the number of offences for which the death
penalty may be imposed and, at the least, not to extend its application to
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crimes to which it does not at present apply.
Therefore, a State which has abolished the death penalty, and which is a party to the
ICCPR and therefore bound by Article 6, is prevented from re-introducing the penalty.
Customary international law, also binding upon the Philippines,49 is to the same effect.
State practice may be evidenced by pronouncements of the UN General Assembly.
Resolution 32/61 of 8 December 1977 provides:
[T]hat, as established by the General Assembly in resolution 2857 (XXVI)
and by the Economic and Social Council in resolutions 1574 (L), 1745
(LIV) and 1930 (LVIII), the main objective to be pursued in the field of
capital punishment is that of progressively restricting the number of
offences for which the death penalty may be imposed with a view to the
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desirability of abolishing this punishment. . .
III. The Global Movement Towards Abolition
The number of countries abolishing the death penalty has significantly increased since
the late 1980s. The data of the World Coalition Against the Death Penalty provides that
more than two thirds (2/3) of the world’s countries have abolished the death penalty in
law or practice.51 A hundred and five (105) countries have abolished the death penalty
for all crimes; six (6) countries have abolished the death penalty for all crimes except
extraordinary crimes such as those committed in times of war; thirty (30) countries can
be considered abolitionist in practice in that they have not executed anyone during the
last ten (10) years and are believed to have a policy or established practice of not
carrying out executions; therefore, one hundred forty one (141) countries have
47
HRC GC No. 6, ¶ 6.
UN Economic and Social Council, supra note 36, ¶ 5.
49
PHIL. CONST. art. II, § 2.
50
UN General Assembly, Capital punishment, U.N. Doc. A/RES/32/61 (Dec. 8, 1977), available at
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/32/61 (last accessed Feb. 28, 2017).
51
th
World Coalition Against the Death Penalty, Death Penalty and Terrorism: Facts and Figures. 14 World Day Against
the Death Penalty, available at http://www.worldcoalition.org/media/resourcecenter/FactsFigures2016_EN.pdf (last
accessed Mar. 03, 2017).
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