Pakistan: UN human rights experts welcome Supreme Court
ruling on death penalty
GENEVA (21 April 2015) – A group of United Nations
independent experts* welcomed today the recent decision by the Supreme Court of
Pakistan to suspend death sentences imposed by military courts.
“We had expressed our concerns at the decision of Pakistan
to rescind the unofficial six-year moratorium on death penalty for non-military
personnel in terrorism-related cases,” the independent experts noted.
“Terrorism attacks should not prevent States from complying
with the stringent requirements of international law for the imposition of the
death penalty,” they reiterated.
International law requires that the death penalty may be
imposed only in the context of a stringent functioning of the law and order
system, so as to ensure the highest respect of due process and fair trial
guarantees for the defendants. “Only full respect of these guarantees
distinguishes capital punishment as possibly permitted under international law
from an arbitrary execution,” the experts stressed.
“The administration of justice through military tribunals
raises serious questions, particularly in terms of access to justice,
independence and impartiality of the court, and respect for the fair trial
rights of the accused,” noted the UN independent experts.
“Using military tribunals to try civilians in the name of
national security, a state of emergency or counter-terrorism, runs against all
relevant international and regional human rights standards and established case
law.”
“Military tribunals should have jurisdiction only over
military personnel who commit military offences or breaches of military
discipline, and then only when those offences or breaches do not amount to
serious human rights violations, and they should never have the power to impose
the death penalty,” the experts further noted.
“We have repeatedly called on all States to assess whether
the use of the death penalty is compatible with the right to life, as well as
the inherent dignity of the human person, causes severe mental and physical
pain or suffering and constitutes a violation, inter alia, of the absolute
prohibition of torture,” the experts stated.
“We hope that the decision of the Supreme Court will provide
an opportunity for all relevant actors in Pakistan to pursue a critically
important dialogue aiming to address the questions relating to the legality of
military tribunals, and the use of the death penalty, in line with Pakistan’s
international human rights obligations.”
To this end, the experts stressed that ensuring a safe
environment for judges, prosecutors, lawyers and other members of the justice
system is of fundamental importance.
(*) The experts: Ben
Emmerson, Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism; Juan Méndez, Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment; Christof Heyns, Special Rapporteur on extrajudicial, summary or
arbitrary executions; Mads Andenas, Chair-Rapporteur of the Working Group on
arbitrary detention; Gabriela Knaul, Special Rapporteur on the independence of
judges and lawyers; and Ariel Dulitzky, Chair of the Working Group on enforced
or involuntary disappearance.
ENDS
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity. Learn
more, log on to: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx
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Alessandro Marra (+41 22 928 9870 / amarra@ohchr.org) or write to srct@ohchr.org.
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