40th HRC – Joint Statement at the Biennial High-Level Panel Discussion on the Question of the Death Penalty, 26 February 2019

JOINT STATEMENT AT THE BIENNIAL HIGH-LEVEL PANEL DISCUSSION ON THE QUESTION OF THE DEATH PENALTY
26 FEBRUARY 2019
40TH REGULAR SESSION OF THE HUMAN RIGHTS COUNCIL

Mr President,

I have the honour to deliver this statement on behalf of a group of 35 countries.

Ensuring our people’s fundamental human right to safety and security is of paramount importance to us. 

Our view is that the rights of the offenders must always be weighed against the rights of the victims and their families, and the broader rights of the community and society to be able to live in peace and security.  

For many countries, the death penalty remains an important component of their criminal justice system and deterrent against what their societies regard as the most serious crimes.

The death penalty is only applied after adhering to the full due process of law, pursuant to a final judgment rendered by a competent court, and with the right to seek pardon or appeal for commutation.

There is no international consensus for or against the death penalty when imposed according to the due process of the law. 

There is also no international consensus that the death penalty, when applied in accordance with due process of law and judicial safeguards, violates the prohibition against torture and other cruel, inhuman or degrading treatment or punishment. 

The absence of international consensus has repeatedly been affirmed by the votes on past HRC and UNGA Resolutions on the death penalty.

Mr President

Diversity of States and the right of States to exercise their sovereignty in pursuit of their people’s welfare are recognized principles, including in the UN. 

Every State thus has the inalienable sovereign right to choose its legal and criminal justice systems, without interference by other States. 

This right was most recently and explicitly reaffirmed by a majority of UN Member States – 96 delegations to be exact - voting in support of the sovereignty amendment as OP1 in the 73rd UNGA resolution “Moratorium on the use of the death penalty”.

The decision whether to retain the death penalty, impose a moratorium or to abolish it, as well as the types of crimes for which the death penalty is applied to, is therefore the sovereign prerogative of every State, taking into account its own circumstances and international obligations. And this should be respected.

Thank you Mr President.

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List of co-sponsors
1. Afghanistan
2. Bahrain
3. The Bahamas
4. Bangladesh
5. Barbados
6. Botswana
7. Brunei
8. China
9. DPRK
10. Egypt
11. Ethiopia
12. Guyana
13. India
14. Iran
15. Iraq
16. Jamaica
17. Jordan
18. Kenya
19. Kuwait
20. Laos
21. Myanmar
22. Nigeria
23. Oman
24. Pakistan
25. The Philippines
26. Qatar
27. Saudi Arabia
28. Singapore
29. Sudan
30. Syria
31. Tajikistan
32. Trinidad and Tobago
33. Uganda
34. United Arab Emirates
35. Yemen