The Council considers that limitation of the offences for which the death penalty is provided
and ultimate abolition is possible only when the basic standards in the criminal justice system
already referred to have been achieved.
(ii)
whether the resumption of executions by governments after long periods during
which death sentences have been commuted or not carried out for other reasons
is consistent with international human rights law
The Council considers that the resumption of executions in such circumstances is not
consistent with the spirit and intent of international human rights law. Resumption of
executions is also contrary to trends in international law and practice. The Council considers
that in a world of freedom, justice and peace, the reintroduction of the death penalty is
indefensible. However, where there is de facto abolition the Council acknowledges the
reintroduction of the death penalty in exceptional circumstances that threaten the peace and
security of a nation or nations may occur.
The Council urges those States that are de facto abolitionist to maintain this position at the
very least and wherever possible, move towards the de jure abolition of the death penalty.
(iii)
whether the enactment of laws that introduce or reintroduce the death penalty or
that apply the death penalty to additional offences is consistent with international
human rights law
The Council considers that the introduction or reintroduction of the death penalty and the
expansion of the number of offences subject to the death penalty is contrary to the spirit of the
ICCPR.
The Council considers that in those States that have abolished the death penalty, its
introduction or reintroduction is proscribed by the terms of Article 1 of the Second Optional
Protocol to the ICCPR2.
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2
Article 6, 7, 14 and 15 of the ICCPR can be found at Annexure 1.
See Annexure 2.
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