rights can only be limited “in time of public emergency which
threatens the life of the nation,” and even then no
derogation is permitted from the rights to life, freedom from
torture and slavery, freedom from retrospective law, the
right to personhood, and freedom of thought, conscience
and religion.
Part 3 of the IC CPR (Articles 6–27) lists the rights themselves.
For example, Article 6 (1) unequivocally declares that
“[e]very human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived
of his life.” The Covenant goes further: “In countries which
have not abolished the death penalty, sentence of death may
be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the
crime and not contrary to the provisions of the present
Covenant and to the Convention on the Prevention and
Punishment of the Crime of Genocide. This penalty can only
be carried out pursuant to a final judgement rendered by a
competent court.”17 Physical integrity, in the form of freedom
from torture and other cruel, inhuman, or degrading
treatment or punishment, is also guaranteed in the
17
Clause 2, Article 6 of the ICCPR.
See, Article 7 of the ICCPR. The gap between international and national legal
regimes and the actual practice as an indication of deviations from such
national and international standards apropos the prohibition of torture and
other cruel, inhuman, or degrading treatment or punishment are discussed in
Part II of this report.
19
Article 10 (1) of the Covenant.
18
26