“imprisonment
liberty.”
or
A
deprivation
similar
(referring
formulation
to
deprivation
sanctions
liberty,
not follow that the Conventions
are
capable
of
pecuniary
confiscation)
does
of
an
interpretation
permitting, today, the fresh imposition
imprisonment,
of
and
of
appears
the
death
penalty
for
narcotics
offences.
in Article 3(4) of the related 1988 United
Nations
Convention
Traffic
in
against
lllicit
In any
Drugs
and
under customary international law to
Narcotic
event,
move
Psychotropic Substances.
towards
obligation
This
leads
inference
death
to
an
that
the
penalty
is
appropriate
of the
excluded
as
or available
is an
obligation
abolition,
is
and
inconsistent
that
with
re-imposition by abolitionist States is
overwhelming
imposition
there
of death penality.
an
International
punishment
law
to
abolition
of
move
the Philippines, which
the death penalty. Where a State, such
1961
or
1988
as
Conventions.
the
eventual
States
for narcotics crimes for States, such as
are parties the
towards
requires
Philippines,
abolished
the
has
death
already
penalty
by
travaux
ratifying the Second Optional Protocol,
préparatoires to the two Conventions,
any attempt to reintroduce the death
which
penalty
This
is
not
affected
make
it clear
by
the
that
it was
the
intention of the parties that narcotics
obligation
trafficking
be
move
penalties
which
the
subject
would
of
serious
is
contained
towards
The HRC
well
of whether
the
case
that
with
in the
ICCPR
the
to
abolition.
adequately
deter narcotics trafficking. While it may
be
inconsistent
some
parties to the Conventions
of the
has considered the question
independent
retain the
death penalty for narcotics offences, it
there
of the
Protocol, to move
35
exists an
obligation,
Second
towards
Optional
abolition
of