32. The Commission on Human Rights maintains that it is not against serving justice to the victims andfully conformsthat perpetrators must be punished. But the re-imposition of the death penalty is far from the solution which we all yearn for.4° Webelieve that justice can be attained througheffective law enforcement, impartial access to redress mechanisms and courts, and a responsive penal system. What is a_ deterrent is a functional, unbiased, efficient justice system that guarantees certainty of punishment for perpetrators through due process and rule of law, together with broad public confidence. We want to work towardsthis goal. 33. We sincerely sympathize with the victimsof violent crimes andtheir families. We respect the pain and suffering of distraught relatives who call for vengeance. However,their rage at the perpetrators cannot be used to warrant violation of the latter's humanrights. The right to life is a right, not a prize from the government that maybe taken awayfor bad behavior.4” 34. Perversely, there are victims and families of crimes who do not wish to seek revenge and have chosen to promote mercy and compassion. Thefeelings of relatives of murdervictims whoappealfor the lives of the perpetrators to be spared out of compassion deserve respect. Indeed, the families of victims of violence do not speak with one voice. A growing numberof themargue that the death penalty does not help them come to terms with their personal tragedies, but that it in fact creates more victims, simply perpetuating the cycle of violence.48 35. In reality, many murdervictims' families believe that responding to one killing with anotherdoes not honourthevictim. Often, they conclude that the death penalty is profoundly harmful to their hopes of recovering from their loss, partly becauseof the long delays and repeated appeals that are involved. In diverse countries around the world, victims of appalling crimes, including genocide, crimes against humanity, war crimes and terrorism, have campaignedfor an endto the practice of legalkillings.49 36. The rights of victims and their families must absolutely be respected, including the right to see effective investigations and properretribution for crimes and the right to demand redress for the harm suffered, through judicial and administrative mechanismsthat are expeditious, responsive, fair andaccessible. This implies that all victims should be fully informed about such processes, which should be inexpensive andallowfor the presentation of victims' views and concerns.5° 37. Former US Supreme Court Justice John Paul Stevens in his opinion released. in the 2008 judgment in Baze v. Rees, revealed that he had concluded, after more than three decades on the country's highest court, that the death penalty was a cruel waste of time. He stated that he has relied on his own experience in reaching the conclusion that the imposition of the death penalty represents the pointless and needless extinction oflife with only “SCHR Position Paperon the Abolition of Death Penalty, issued on 5 November2008. * Thid, 22. “8 United State of America Speaking out: Voices against Death; Amnesty International Index: AMR 51/128/99 Distr: SC/DP. United Kingdom: October 1999 ‘U.N. Secretary General Message to the High-Level Meeting on Moving Away from DeathPenalty: The Voices ofVictims’ Families: See: hup://www.un.org/press/en/ 2015/sgsm17151.doc.hum(accessed on 16 October2016). Ibid. 64

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