witnesses of the execution.79 Likewise, the Human Rights Committee has considered that public executions
are incompatible with human dignity.80
107.
United Nations Safeguards guaranteeing protection of the rights of those facing the death
penalty establish that “when the death penalty may be carried out it must be done in a way to keep to a
minimum the suffering of prisoners.”81 The Special Rapporteur on Torture, referring to the Safeguards, has
indicated that there is no categorical evidence to show that any of the execution methods currently used to
implement the death penalty comply with the prohibition of torture and cruel, inhumane and degrading
treatment and added “even if the safeguards were observed, all currently used methods of execution can
inflict pain and excessive suffering.”82
108.
The Human Rights Committee has applied this test of “least physical and mental suffering
possible” to determine if the method to execute the sentence constitutes cruel, inhumane or degrading
treatment. In the Case of Ng. v. Canada, the Committee considered that execution by gas chamber may cause
prolonged suffering and agony and does not result in instantaneous death since asphyxiation by cyanide gas
may take more than 10 minutes. It concluded that this method of execution does not pass the test of "least
physical and mental suffering as possible" and constitutes cruel and inhumane treatment inhumane contrary
to article 7 of the International Covenant on Civil and political rights.83
109.
The Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions has indicated
with respect to the methods for the execution of the death penalty that “the extraordinary power conferred
on the State to end a person’s life through a firing squad, hanging, lethal injection or other means to kill, poses
a dangerous risk of abuse. This power can be kept under control only through the public supervision of the
public punishment. It is a commonplace that due process serves to protect the accused. However, due
process is also a mechanism through which society ensures that the punishments inflicted on their behalf are
fair.” 84
110.
Also, various States have indicated, within the frame of high level discussions on the
question of the death penalty before the United Nations Human Rights Council, that methods of execution
such as stoning, beheading, electrocution, or shooting inflict excruciating pain and therefore constitute
inhuman or degrading treatments.85
79
Office of the High Commissioner for Human Rights, “UN Special Rapporteurs condemn ongoing executions in Iran”, 28 June
2012.
80 Human Rights Committee cited in: International Bar Association, The Death Penalty under International Law: A background
Paper to the IBAHRI Resolution on the Abolition of the Death Penalty, p.6.
81Economic
and Social Council, Safeguards guaranteeing protection of the rights of those facing the death penalty.
82 A/HRC/30/18, Human Rights Council, Capital punishment and the implementation of the safeguards guaranteeing
protection of the rights of those facing the death penalty, Yearly supplement of the Secretary-General to his quinquennial report on
capital punishment, para.32; also see: Office of the High Commissioner for Human Rights “Despite progress in abolishing the death
penalty, thousands remain on death row.
83
and 16(4.)
Human Rights Committee, Case of Ng. v. Canada, Decision of November 5, 1993, Communication No. 469/1991, paras.16(2)
84 A/HRC/30/18, Human Rights Council, Capital punishment and the implementation of the safeguards guaranteeing
protection of the rights of those facing the death penalty, Yearly supplement of the Secretary-General to his quinquennial report on
capital punishment, para. 50.
85 A/HRC/27/26, Summary of the high-level panel discussion on the question of the death penalty, Human Rights Council, 30
June 2014, para.25.
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