Key Points HUMAN RIGHTS ADVISORY ON THE REIMPOSITION OF THE DEATH PENALTY [CHR (V) A2016-002] Dated November 7, 2016 1. The Philippines is the 25th country in the Asia-Pacific region and the 125th nation to end capital punishment when Republic Act No. 9346 was signed into law. 4. The Commission on Human Rights, in its mandate to “monitor government’s compliance with international treaty obligations on human rights,” strongly opposes the reimposition of the death penalty, and gives the following reasons: 2 President Duterte in his first State of the Nation Address announced his political policies to eliminate * There is no scientific study showing that the death penalty deters people from corruption, committing criminality, and the crime. In 1999, the death rampant trade of illegal drugs, and called for the reimposition of the death penalty as one of the means to eliminate them. The reimposition was mainly for retribution. penalty was in force in the Philippines and was intended to abate criminality. 3. One » There is failure to show compelling reason to warrant legislative restoration of the death penalty. of the measures filed views in the given 17th in the 16 Congress, pushing for the reimposition of death penalty was that Constitution did not per se abolish death penalty, and that Congress has the discretion to restore it deems necessary. the the the still if it Seven death row convicts were executed, however, on that same year, criminality increased by 15.3%. » The Philippines is bound to honor international commitments law of nations. under its the *The International Covenant on Civil and Political Rights (ICCPR) prescribed a progressive obligation among nations to abolish death penalty and prevent its reimposition. » The Second Optional Protocol to the ICCPR calls upon State Parties to take all necessary measure to abolish the death penalty and ensure that there be no execution within the State’s jurisdiction. « Death penalty is unconstitutional for being the utmost form of torture. The Philippines has ratified the Convention Against Torture and commits to ensure that under its criminal law, all forms of torture are offenses punishable by law. + To reimpose the death penalty is a breach of international obligation by virtue of our adherence to the principle of pacta sunt servanda of Tanada rule, recognized in the case vs. Angara: by the doctrine of