CHR Remains Firm Against the Reimposition
of the Death Penalty
March
07, 2017
The Commission
on Human
Rights stands firm in its position against the re-introduction of the
death penalty in the Philippines.
Alarmed
by the passage of House Bill No. 4727 on third reading that seeks to re-impose death
penalty, the Commission
urges
legislators to heed
the legal
assertions
in the study that it
conducted with international law expert Dr. Christopher Ward SC, Senior Counsel at the New South
Wales Bar and Honorary Professor at the Australian National University.
The study, entitled, “In Defense of the Right to Life: International Law and
Death
Philippines”
to
clarifies
that
the
Philippines
has
exercised
its sovereignty
Penalty in the
become
party
to
international treaties which absolutely prohibit the re-introduction of the death penalty by the
Philippines.
The study considers the Philippine Constitution, International law, state practice and
domestic jurisprudence and concludes that it is impermissible for the Philippines to withdraw
from
those
provisions
treaties.
as
Neither
arguments
is there
any
against
the
ability
for
validity
the
or
Philippines
interpretation
In view of the absolute nature of these treaties, the enactment
to
raise
of
constitutional
those
treaties.
of the current legislative measure
is a blatant breach of international law and constitutes an internationally wrongful act subject to
international responsibility.
In addition to the absolute prohibition against the death penalty that the Philippines agreed to in
the exercise of its sovereignty, the proposed laws additionally breach international law because
they apply to crimes that are not “the most serious crimes” within the meaning of Article 6 of the
ICCPR. The "most serious crimes” shall be read restrictively and shall be limited to the crimes that,
as qualified by the United Nations Human
and Social Council, “do not go beyond
consequences.”
Jurisprudence
Rights Committee
and the United Nations Economic
intentional crimes with lethal or other extremely grave
on
most
serious
crimes
do
not
include
narcotics crimes.
The Commission
believes that the global momentum
on the abolition of the death penalty will
continue, and that the Philippines, in this regard, must stop its spiral into such a regressive and
illegal policy.
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