The Council notes that the process which leads to the death penalty is both vulnerable to error
and impacts unevenly on different socio-economic groups. It therefore considers that
particular attention should also be paid to the rights to: competent and effective Counsel;
freedom from self-incrimination; and access to all information held by prosecuting authorities
prior to trial.
(vi)
the restrictions that may be required by international human rights law on the
manner and method of carrying out the death penalty
The Council considers that the method of carrying out a death penalty should be the most
humane method available and one which upholds the dignity of the human being. The Council
considers that public executions should be avoided in order to protect the dignity of the person
to be executed and that the numbers of witnesses should be limited. In this context the
Council notes and endorses article 7 of the ICCPR which provides that
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment…”
(vii)
whether there are further groups of persons, aside from those specified by
international human rights law, upon whom it should not be permissible to
impose the death penalty
The Council accepts as a minimum the restrictions placed on the categories of persons that
can be executed as set out in the ICCPR namely persons who commit an offence while below
eighteen years of age5; pregnant women6; and the mentally disabled7.
The Council questions the restriction of mothers to new mothers and believes the scope of the
exemption should be determined by what is required in the best interests of the child.8
5
Article 6(5), ICCPR. See also Safeguard 6 of the Safeguards guaranteeing protection of the right of those
facing the death penalty; and Article 37 of the Convention on the Rights of the Child.
6
Article 6(5), ICCPR.
7
Safeguard 3, Safeguards guaranteeing protection of the right of those facing the death penalty.
8
Article 3, Convention on the Rights of the Child.
8