Reference on the Death Penalty
Final Report
Advisory Council of Jurists
December 2000
Introduction
On August 8-9 2000 the Advisory Council of Jurists considered two issues referred to it by
the Forum. Seven Forum Members have nominated representatives to the Council. As the
most recent Member to the Forum, Nepal is yet to nominate its representative to the Council.
The Jurists present at the meeting were the Honourable Justice Dame Silvia Cartwright of
New Zealand (President), Sir Ronald Wilson of Australia, Professor JE Sahetapy of Indonesia
and Mr Sedfrey Ordonez of the Philippines. The Jurists present at the meeting decided to
solicit the comments of the absent Members before distributing their final report as they felt
that the final report should reflect the views of all Members.
The Council invites the Forum to consider the action it might take in light of the following
recommendations.
Preamble
The Council is cognisant of the substantial body of international jurisprudence relating to the
death penalty, which recognises its imposition as a limited exception to the right to life. It
also notes that human rights are universal, indivisible and aspirational.
Reflecting that the common basis of all human rights is the recognition of the fundamental
and inalienable dignity of the human person, the Council considers that in commenting on the
death penalty it must pay regard not only to literal denial to the right to life, but to the broader
issue of the denial to the right to live in dignity.
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