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![Page 1: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/1.jpg)
Contents Message from the Committee Directors
Introduction to the Human Rights Council Topic Area A
Chinarsquos Violation of Reproductive Rights
The Case of Internet Censorship in China and the Right to Free Speech
Political Prisoners in China and Illegal Detention
The Infringement of Rights in the Conflict with Tibet 20
Chinarsquos Violation of Ethnic Minority Rights
Recent Developments Topic Area B
Capital Punishment
Imposition of Death Penalty on Juveniles
Universality of Laws Incurring the Death Penalty
Extrajudicial Killings Conclusion
Message from the Committee Directors
Dear all
Congratulations on becoming a part of United Nations Human Rights
Council an inter-governmental body within the United Nations framework
designed to promote and protect human rights internationally We are ex-
tremely pleased to be chairing UNHRC at LUMUN lsquo12 Sophomores at
LUMS we are concentrating in Literature Philosophy and History and
Economics and Politics respectively So basically between us wersquore doing
almost everything
As students we have been deeply engaged with international relations
current affairs and academic debates a product of which is our interest in
the Human Rights Council The nature of discussion relevant to UNHRCrsquos
mandate is one that can be carried out anywhere Having said that though
please do be aware that human rights issues are often intricate questions
immersed in political convolutions The topics at UNHRC this year are ex-
amples of two controversial issues which have no simple solutions and
require creativity and resolve on the part of delegates to negotiate a solu-
tion Particular focus on the practicality and applicability of resolutions
will be required from you as delegates in light of international diplomatic
standards We hope that as individuals you engage in the sessions with a
unique perspective and take away from the committee a more sophisti-
cated view of these issues
We have thoroughly enjoyed our experiences with LUMUN In retrospect
these experiences have been eerily similar We both attended LUMUN rsquo08
as delegates and won the Outstanding Diplomacy award in our respective
committees We then joined LUMUN in our freshman year and were ap-
pointed Assistant Committee Directors for the United Nations Security
Council for LUMUN 2010 Both of us have chaired the Disarmament and
International Security Committee (DISEC) at separate intra-LUMS MUNs
And now here we are at LUMUN 2012 LUMUN has been an excellent op-
portunity for us to explore our interests and engage with people on a simi-
lar note As your Committee Directors we hope to provide you with the
same opportunities and strive to improve your experience as a delegate
Please note that given that we are a simulated council we have taken cer-
tain liberties For starters the Councilrsquos delegations will not be mirroring
current Council memberships Furthermore our first topic would not be
something discussed in formal international spheres We realize this but
in view of pushing you as delegates to think critically and expand your
knowledge of global affairs inspecting Chinese human rights violations is
appropriate The guide leans towards providing examples of these viola-
tions and not many rationalizations of them That we feel is the domain
of your personal research
To conclude we truly hope all of you enjoy your time at LUMUN 2012 In
order for this to happen delegates must be cognizant of the topics under
review We encourage you to scrupulously research your stances and have
more than just a basic impression of what the topics entail Delegates are
expected to be aware of all updates with regard to the subject matter and
to treat the study guide as an introduction to the topics and not as a stand
-alone document In the process of deciding the topics researching for and
compiling the guide we have become increasingly involved with these is-
sues We hope that you reciprocate our levels of interest and show the
same level of enthusiasm Delegates you are welcome to approach either
of us with any queries that you may have
All the Best
Khadija Mahsud amp Sarim Zia
Committee Directors UNHRC
UNHRC 1 of 44
Introduction to the Human Rights Council
World War II saw some of the worst atrocities of human history It was in the aftermath of the
inability of the League of Nations to prevent international unrest and human rights violations that
the United Nations Charter was promulgated and the UN was set up in 1945 The foundational
premise from which the UNlsquos committees and councils derive their agendas is the protection of
fundamental human rights It is in this vein that the Human Rights Council (and the Commission
it replaced) performs the most integral of functions of the UN Subsequent to the Charter
another landmark document was drawn up in 1948 namely the Universal Declaration of Human
Rights It was the first explicit global expression of the worldlsquos commitment to upholding the
sanctity of human rights It is from the permanent and unprecedented potency of the Declaration
that all subsequent human rights conventions and treaties have been derived both within and
outside of the UN Together with the International Covenant on Economic Social and Cultural
Rights and the International Covenant on Civil and Political Rights it forms the International
Bill of Human Rights
It was through the UN Charter that the Commission on Human Rights was established in 1946
with the purpose of promoting and protecting rights internationally Even though the
Commission successfully achieved the creation of the Universal Declaration of Human Rights it
was repeatedly censured for lacking constructive discussion on human rights issues It was
allegedly used a medium to blame countries and settle political scores It was also critiqued for
being composed of member nations with questionable human rights records such as China Cuba
Zimbabwe and Sudan This among other things led to the replacement of the Commission with
the Council The Council was formed in 2006 through a resolution of the General Assembly
(Resolution 60251)1 that passed with an overwhelming majority The UN Secretary General at
1 GA Resolution 60251 httpwww2ohchrorgenglishbodieshrcouncildocsARES60251_Enpdf
UNHRC 2 of 44
that time Kofi Annan referred to it as a historic resolution that gives the United Nations a
much needed chance to make a new beginning in its work for human rights around the world
The main aim of the Council is to report to the General Assembly and work with it to improve
the situation of global human rights As a specialized body it focuses solely on human rights and
managing the protection and advancement of the human rights of all individuals It aims to
promote universal respect for the protection of all human rights and fundamental freedoms as
demarcated in the International Bill of Rights and the UN Charter for all without distinction of
any kind and in a fair and equal manner Recommendations are made on all documented human
rights violations including gross and systematic violations
The Council can only make recommendations on violations of human rights to the GA which in
turn can suspend the voting rights of the accused Council member The Council also makes
recommendations to the GA for further development of international law in the field of human
rights
The Council comprises of 47 members elected on a geographic quota-based criterion for three-
year-long terms Members elected into the Council by the General Assembly must ―uphold the
highest standards in the promotion and protection of human rights fully cooperate with the
Council and be reviewed under the universal period review mechanism during their term 2
A year after its inception the Human Rights Council designed Resolution 51 in order to provide
mechanisms through which human rights situations could be monitored3 The Resolution
included the Universal Periodic Review (UPR) system4 Through this human rights situations in
individual UN member states are reviewed and subsequently discussed by the entire Council
sitting as a working group through an interactive dialogue with the concerned State The Review
system incentivizes states to independently reform and review domestic human rights situations
prior to international inspection which facilitates the fulfillment of the aim of the Council
Human rights situations are meant to be reviewed on a rotational basis for all 192 UN member
states
2 httpwww2ohchrorgenglishbodieshrcouncildocspledgespdf
3 Resolution 51 httpapohchrorgdocumentsEHRCresolutionsA_HRC_RES_5_1doc
4 Please see the following for information on the UPR of China
httpwwwohchrorgENHRBodiesUPRPagesCNSession4aspx
UNHRC 3 of 44
Conference underway at the UNHRC in Geneva
The Resolution also included the delineation of Special Procedureslsquo established by the former
Commission on Human Rights to comprise of five-member working groups or individual
experts (commonly referred to as Special Rapporteurs) to monitor human rights violations in
thematic or country-specific loci There are currently five Working Groups on people of African
descent on Arbitrary Detention on Enforced or Involuntary Disappearances on the Use of
Mercenaries to Impede the Right of Peoples to Self-Determination and on Situations
(Confidential 1503 Procedure)5
The mandates of the Special Procedures are established and defined by the resolution creating
them Some of the thematic mandates adopted by the Council include the issue of human rights
defenders torture and minorities Special Rapporteurs often conduct fact-finding missions
in countries to investigate allegations of human rights violations They can only visit
countries that have agreed to invite them
The Council is currently headed by Laura Dupuy Lasserre of Uruguay It concluded its
eighteenth session in September 2011 The diversity of the political and social issues
encompassed in the agenda resulted in discussion of issues as varied as the situation in Libya on
one end and water sanitation on the other Also discussed was the situation of human rights in
Syria and the pattern of widespread systematic human rights violations by Syrian security and
military forces was examined The illegal blockade imposed on Gaza was also under focus
Furthermore the Council adopted the outcomes resulting from debate over the Universal
Periodic Review of sixteen countries
5 httpwww2ohchrorgenglishbodieschrworkinggroupshtm
UNHRC 4 of 44
While the Council faces criticism along the lines of that made against the Commission it has
come a long way from being the ―shadow on the ―reputation of the UN system as whole 6
6 httpnewsbbccouk2hiamericas6919268stm
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 2: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/2.jpg)
Message from the Committee Directors
Dear all
Congratulations on becoming a part of United Nations Human Rights
Council an inter-governmental body within the United Nations framework
designed to promote and protect human rights internationally We are ex-
tremely pleased to be chairing UNHRC at LUMUN lsquo12 Sophomores at
LUMS we are concentrating in Literature Philosophy and History and
Economics and Politics respectively So basically between us wersquore doing
almost everything
As students we have been deeply engaged with international relations
current affairs and academic debates a product of which is our interest in
the Human Rights Council The nature of discussion relevant to UNHRCrsquos
mandate is one that can be carried out anywhere Having said that though
please do be aware that human rights issues are often intricate questions
immersed in political convolutions The topics at UNHRC this year are ex-
amples of two controversial issues which have no simple solutions and
require creativity and resolve on the part of delegates to negotiate a solu-
tion Particular focus on the practicality and applicability of resolutions
will be required from you as delegates in light of international diplomatic
standards We hope that as individuals you engage in the sessions with a
unique perspective and take away from the committee a more sophisti-
cated view of these issues
We have thoroughly enjoyed our experiences with LUMUN In retrospect
these experiences have been eerily similar We both attended LUMUN rsquo08
as delegates and won the Outstanding Diplomacy award in our respective
committees We then joined LUMUN in our freshman year and were ap-
pointed Assistant Committee Directors for the United Nations Security
Council for LUMUN 2010 Both of us have chaired the Disarmament and
International Security Committee (DISEC) at separate intra-LUMS MUNs
And now here we are at LUMUN 2012 LUMUN has been an excellent op-
portunity for us to explore our interests and engage with people on a simi-
lar note As your Committee Directors we hope to provide you with the
same opportunities and strive to improve your experience as a delegate
Please note that given that we are a simulated council we have taken cer-
tain liberties For starters the Councilrsquos delegations will not be mirroring
current Council memberships Furthermore our first topic would not be
something discussed in formal international spheres We realize this but
in view of pushing you as delegates to think critically and expand your
knowledge of global affairs inspecting Chinese human rights violations is
appropriate The guide leans towards providing examples of these viola-
tions and not many rationalizations of them That we feel is the domain
of your personal research
To conclude we truly hope all of you enjoy your time at LUMUN 2012 In
order for this to happen delegates must be cognizant of the topics under
review We encourage you to scrupulously research your stances and have
more than just a basic impression of what the topics entail Delegates are
expected to be aware of all updates with regard to the subject matter and
to treat the study guide as an introduction to the topics and not as a stand
-alone document In the process of deciding the topics researching for and
compiling the guide we have become increasingly involved with these is-
sues We hope that you reciprocate our levels of interest and show the
same level of enthusiasm Delegates you are welcome to approach either
of us with any queries that you may have
All the Best
Khadija Mahsud amp Sarim Zia
Committee Directors UNHRC
UNHRC 1 of 44
Introduction to the Human Rights Council
World War II saw some of the worst atrocities of human history It was in the aftermath of the
inability of the League of Nations to prevent international unrest and human rights violations that
the United Nations Charter was promulgated and the UN was set up in 1945 The foundational
premise from which the UNlsquos committees and councils derive their agendas is the protection of
fundamental human rights It is in this vein that the Human Rights Council (and the Commission
it replaced) performs the most integral of functions of the UN Subsequent to the Charter
another landmark document was drawn up in 1948 namely the Universal Declaration of Human
Rights It was the first explicit global expression of the worldlsquos commitment to upholding the
sanctity of human rights It is from the permanent and unprecedented potency of the Declaration
that all subsequent human rights conventions and treaties have been derived both within and
outside of the UN Together with the International Covenant on Economic Social and Cultural
Rights and the International Covenant on Civil and Political Rights it forms the International
Bill of Human Rights
It was through the UN Charter that the Commission on Human Rights was established in 1946
with the purpose of promoting and protecting rights internationally Even though the
Commission successfully achieved the creation of the Universal Declaration of Human Rights it
was repeatedly censured for lacking constructive discussion on human rights issues It was
allegedly used a medium to blame countries and settle political scores It was also critiqued for
being composed of member nations with questionable human rights records such as China Cuba
Zimbabwe and Sudan This among other things led to the replacement of the Commission with
the Council The Council was formed in 2006 through a resolution of the General Assembly
(Resolution 60251)1 that passed with an overwhelming majority The UN Secretary General at
1 GA Resolution 60251 httpwww2ohchrorgenglishbodieshrcouncildocsARES60251_Enpdf
UNHRC 2 of 44
that time Kofi Annan referred to it as a historic resolution that gives the United Nations a
much needed chance to make a new beginning in its work for human rights around the world
The main aim of the Council is to report to the General Assembly and work with it to improve
the situation of global human rights As a specialized body it focuses solely on human rights and
managing the protection and advancement of the human rights of all individuals It aims to
promote universal respect for the protection of all human rights and fundamental freedoms as
demarcated in the International Bill of Rights and the UN Charter for all without distinction of
any kind and in a fair and equal manner Recommendations are made on all documented human
rights violations including gross and systematic violations
The Council can only make recommendations on violations of human rights to the GA which in
turn can suspend the voting rights of the accused Council member The Council also makes
recommendations to the GA for further development of international law in the field of human
rights
The Council comprises of 47 members elected on a geographic quota-based criterion for three-
year-long terms Members elected into the Council by the General Assembly must ―uphold the
highest standards in the promotion and protection of human rights fully cooperate with the
Council and be reviewed under the universal period review mechanism during their term 2
A year after its inception the Human Rights Council designed Resolution 51 in order to provide
mechanisms through which human rights situations could be monitored3 The Resolution
included the Universal Periodic Review (UPR) system4 Through this human rights situations in
individual UN member states are reviewed and subsequently discussed by the entire Council
sitting as a working group through an interactive dialogue with the concerned State The Review
system incentivizes states to independently reform and review domestic human rights situations
prior to international inspection which facilitates the fulfillment of the aim of the Council
Human rights situations are meant to be reviewed on a rotational basis for all 192 UN member
states
2 httpwww2ohchrorgenglishbodieshrcouncildocspledgespdf
3 Resolution 51 httpapohchrorgdocumentsEHRCresolutionsA_HRC_RES_5_1doc
4 Please see the following for information on the UPR of China
httpwwwohchrorgENHRBodiesUPRPagesCNSession4aspx
UNHRC 3 of 44
Conference underway at the UNHRC in Geneva
The Resolution also included the delineation of Special Procedureslsquo established by the former
Commission on Human Rights to comprise of five-member working groups or individual
experts (commonly referred to as Special Rapporteurs) to monitor human rights violations in
thematic or country-specific loci There are currently five Working Groups on people of African
descent on Arbitrary Detention on Enforced or Involuntary Disappearances on the Use of
Mercenaries to Impede the Right of Peoples to Self-Determination and on Situations
(Confidential 1503 Procedure)5
The mandates of the Special Procedures are established and defined by the resolution creating
them Some of the thematic mandates adopted by the Council include the issue of human rights
defenders torture and minorities Special Rapporteurs often conduct fact-finding missions
in countries to investigate allegations of human rights violations They can only visit
countries that have agreed to invite them
The Council is currently headed by Laura Dupuy Lasserre of Uruguay It concluded its
eighteenth session in September 2011 The diversity of the political and social issues
encompassed in the agenda resulted in discussion of issues as varied as the situation in Libya on
one end and water sanitation on the other Also discussed was the situation of human rights in
Syria and the pattern of widespread systematic human rights violations by Syrian security and
military forces was examined The illegal blockade imposed on Gaza was also under focus
Furthermore the Council adopted the outcomes resulting from debate over the Universal
Periodic Review of sixteen countries
5 httpwww2ohchrorgenglishbodieschrworkinggroupshtm
UNHRC 4 of 44
While the Council faces criticism along the lines of that made against the Commission it has
come a long way from being the ―shadow on the ―reputation of the UN system as whole 6
6 httpnewsbbccouk2hiamericas6919268stm
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 3: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/3.jpg)
tion Particular focus on the practicality and applicability of resolutions
will be required from you as delegates in light of international diplomatic
standards We hope that as individuals you engage in the sessions with a
unique perspective and take away from the committee a more sophisti-
cated view of these issues
We have thoroughly enjoyed our experiences with LUMUN In retrospect
these experiences have been eerily similar We both attended LUMUN rsquo08
as delegates and won the Outstanding Diplomacy award in our respective
committees We then joined LUMUN in our freshman year and were ap-
pointed Assistant Committee Directors for the United Nations Security
Council for LUMUN 2010 Both of us have chaired the Disarmament and
International Security Committee (DISEC) at separate intra-LUMS MUNs
And now here we are at LUMUN 2012 LUMUN has been an excellent op-
portunity for us to explore our interests and engage with people on a simi-
lar note As your Committee Directors we hope to provide you with the
same opportunities and strive to improve your experience as a delegate
Please note that given that we are a simulated council we have taken cer-
tain liberties For starters the Councilrsquos delegations will not be mirroring
current Council memberships Furthermore our first topic would not be
something discussed in formal international spheres We realize this but
in view of pushing you as delegates to think critically and expand your
knowledge of global affairs inspecting Chinese human rights violations is
appropriate The guide leans towards providing examples of these viola-
tions and not many rationalizations of them That we feel is the domain
of your personal research
To conclude we truly hope all of you enjoy your time at LUMUN 2012 In
order for this to happen delegates must be cognizant of the topics under
review We encourage you to scrupulously research your stances and have
more than just a basic impression of what the topics entail Delegates are
expected to be aware of all updates with regard to the subject matter and
to treat the study guide as an introduction to the topics and not as a stand
-alone document In the process of deciding the topics researching for and
compiling the guide we have become increasingly involved with these is-
sues We hope that you reciprocate our levels of interest and show the
same level of enthusiasm Delegates you are welcome to approach either
of us with any queries that you may have
All the Best
Khadija Mahsud amp Sarim Zia
Committee Directors UNHRC
UNHRC 1 of 44
Introduction to the Human Rights Council
World War II saw some of the worst atrocities of human history It was in the aftermath of the
inability of the League of Nations to prevent international unrest and human rights violations that
the United Nations Charter was promulgated and the UN was set up in 1945 The foundational
premise from which the UNlsquos committees and councils derive their agendas is the protection of
fundamental human rights It is in this vein that the Human Rights Council (and the Commission
it replaced) performs the most integral of functions of the UN Subsequent to the Charter
another landmark document was drawn up in 1948 namely the Universal Declaration of Human
Rights It was the first explicit global expression of the worldlsquos commitment to upholding the
sanctity of human rights It is from the permanent and unprecedented potency of the Declaration
that all subsequent human rights conventions and treaties have been derived both within and
outside of the UN Together with the International Covenant on Economic Social and Cultural
Rights and the International Covenant on Civil and Political Rights it forms the International
Bill of Human Rights
It was through the UN Charter that the Commission on Human Rights was established in 1946
with the purpose of promoting and protecting rights internationally Even though the
Commission successfully achieved the creation of the Universal Declaration of Human Rights it
was repeatedly censured for lacking constructive discussion on human rights issues It was
allegedly used a medium to blame countries and settle political scores It was also critiqued for
being composed of member nations with questionable human rights records such as China Cuba
Zimbabwe and Sudan This among other things led to the replacement of the Commission with
the Council The Council was formed in 2006 through a resolution of the General Assembly
(Resolution 60251)1 that passed with an overwhelming majority The UN Secretary General at
1 GA Resolution 60251 httpwww2ohchrorgenglishbodieshrcouncildocsARES60251_Enpdf
UNHRC 2 of 44
that time Kofi Annan referred to it as a historic resolution that gives the United Nations a
much needed chance to make a new beginning in its work for human rights around the world
The main aim of the Council is to report to the General Assembly and work with it to improve
the situation of global human rights As a specialized body it focuses solely on human rights and
managing the protection and advancement of the human rights of all individuals It aims to
promote universal respect for the protection of all human rights and fundamental freedoms as
demarcated in the International Bill of Rights and the UN Charter for all without distinction of
any kind and in a fair and equal manner Recommendations are made on all documented human
rights violations including gross and systematic violations
The Council can only make recommendations on violations of human rights to the GA which in
turn can suspend the voting rights of the accused Council member The Council also makes
recommendations to the GA for further development of international law in the field of human
rights
The Council comprises of 47 members elected on a geographic quota-based criterion for three-
year-long terms Members elected into the Council by the General Assembly must ―uphold the
highest standards in the promotion and protection of human rights fully cooperate with the
Council and be reviewed under the universal period review mechanism during their term 2
A year after its inception the Human Rights Council designed Resolution 51 in order to provide
mechanisms through which human rights situations could be monitored3 The Resolution
included the Universal Periodic Review (UPR) system4 Through this human rights situations in
individual UN member states are reviewed and subsequently discussed by the entire Council
sitting as a working group through an interactive dialogue with the concerned State The Review
system incentivizes states to independently reform and review domestic human rights situations
prior to international inspection which facilitates the fulfillment of the aim of the Council
Human rights situations are meant to be reviewed on a rotational basis for all 192 UN member
states
2 httpwww2ohchrorgenglishbodieshrcouncildocspledgespdf
3 Resolution 51 httpapohchrorgdocumentsEHRCresolutionsA_HRC_RES_5_1doc
4 Please see the following for information on the UPR of China
httpwwwohchrorgENHRBodiesUPRPagesCNSession4aspx
UNHRC 3 of 44
Conference underway at the UNHRC in Geneva
The Resolution also included the delineation of Special Procedureslsquo established by the former
Commission on Human Rights to comprise of five-member working groups or individual
experts (commonly referred to as Special Rapporteurs) to monitor human rights violations in
thematic or country-specific loci There are currently five Working Groups on people of African
descent on Arbitrary Detention on Enforced or Involuntary Disappearances on the Use of
Mercenaries to Impede the Right of Peoples to Self-Determination and on Situations
(Confidential 1503 Procedure)5
The mandates of the Special Procedures are established and defined by the resolution creating
them Some of the thematic mandates adopted by the Council include the issue of human rights
defenders torture and minorities Special Rapporteurs often conduct fact-finding missions
in countries to investigate allegations of human rights violations They can only visit
countries that have agreed to invite them
The Council is currently headed by Laura Dupuy Lasserre of Uruguay It concluded its
eighteenth session in September 2011 The diversity of the political and social issues
encompassed in the agenda resulted in discussion of issues as varied as the situation in Libya on
one end and water sanitation on the other Also discussed was the situation of human rights in
Syria and the pattern of widespread systematic human rights violations by Syrian security and
military forces was examined The illegal blockade imposed on Gaza was also under focus
Furthermore the Council adopted the outcomes resulting from debate over the Universal
Periodic Review of sixteen countries
5 httpwww2ohchrorgenglishbodieschrworkinggroupshtm
UNHRC 4 of 44
While the Council faces criticism along the lines of that made against the Commission it has
come a long way from being the ―shadow on the ―reputation of the UN system as whole 6
6 httpnewsbbccouk2hiamericas6919268stm
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 4: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/4.jpg)
appropriate The guide leans towards providing examples of these viola-
tions and not many rationalizations of them That we feel is the domain
of your personal research
To conclude we truly hope all of you enjoy your time at LUMUN 2012 In
order for this to happen delegates must be cognizant of the topics under
review We encourage you to scrupulously research your stances and have
more than just a basic impression of what the topics entail Delegates are
expected to be aware of all updates with regard to the subject matter and
to treat the study guide as an introduction to the topics and not as a stand
-alone document In the process of deciding the topics researching for and
compiling the guide we have become increasingly involved with these is-
sues We hope that you reciprocate our levels of interest and show the
same level of enthusiasm Delegates you are welcome to approach either
of us with any queries that you may have
All the Best
Khadija Mahsud amp Sarim Zia
Committee Directors UNHRC
UNHRC 1 of 44
Introduction to the Human Rights Council
World War II saw some of the worst atrocities of human history It was in the aftermath of the
inability of the League of Nations to prevent international unrest and human rights violations that
the United Nations Charter was promulgated and the UN was set up in 1945 The foundational
premise from which the UNlsquos committees and councils derive their agendas is the protection of
fundamental human rights It is in this vein that the Human Rights Council (and the Commission
it replaced) performs the most integral of functions of the UN Subsequent to the Charter
another landmark document was drawn up in 1948 namely the Universal Declaration of Human
Rights It was the first explicit global expression of the worldlsquos commitment to upholding the
sanctity of human rights It is from the permanent and unprecedented potency of the Declaration
that all subsequent human rights conventions and treaties have been derived both within and
outside of the UN Together with the International Covenant on Economic Social and Cultural
Rights and the International Covenant on Civil and Political Rights it forms the International
Bill of Human Rights
It was through the UN Charter that the Commission on Human Rights was established in 1946
with the purpose of promoting and protecting rights internationally Even though the
Commission successfully achieved the creation of the Universal Declaration of Human Rights it
was repeatedly censured for lacking constructive discussion on human rights issues It was
allegedly used a medium to blame countries and settle political scores It was also critiqued for
being composed of member nations with questionable human rights records such as China Cuba
Zimbabwe and Sudan This among other things led to the replacement of the Commission with
the Council The Council was formed in 2006 through a resolution of the General Assembly
(Resolution 60251)1 that passed with an overwhelming majority The UN Secretary General at
1 GA Resolution 60251 httpwww2ohchrorgenglishbodieshrcouncildocsARES60251_Enpdf
UNHRC 2 of 44
that time Kofi Annan referred to it as a historic resolution that gives the United Nations a
much needed chance to make a new beginning in its work for human rights around the world
The main aim of the Council is to report to the General Assembly and work with it to improve
the situation of global human rights As a specialized body it focuses solely on human rights and
managing the protection and advancement of the human rights of all individuals It aims to
promote universal respect for the protection of all human rights and fundamental freedoms as
demarcated in the International Bill of Rights and the UN Charter for all without distinction of
any kind and in a fair and equal manner Recommendations are made on all documented human
rights violations including gross and systematic violations
The Council can only make recommendations on violations of human rights to the GA which in
turn can suspend the voting rights of the accused Council member The Council also makes
recommendations to the GA for further development of international law in the field of human
rights
The Council comprises of 47 members elected on a geographic quota-based criterion for three-
year-long terms Members elected into the Council by the General Assembly must ―uphold the
highest standards in the promotion and protection of human rights fully cooperate with the
Council and be reviewed under the universal period review mechanism during their term 2
A year after its inception the Human Rights Council designed Resolution 51 in order to provide
mechanisms through which human rights situations could be monitored3 The Resolution
included the Universal Periodic Review (UPR) system4 Through this human rights situations in
individual UN member states are reviewed and subsequently discussed by the entire Council
sitting as a working group through an interactive dialogue with the concerned State The Review
system incentivizes states to independently reform and review domestic human rights situations
prior to international inspection which facilitates the fulfillment of the aim of the Council
Human rights situations are meant to be reviewed on a rotational basis for all 192 UN member
states
2 httpwww2ohchrorgenglishbodieshrcouncildocspledgespdf
3 Resolution 51 httpapohchrorgdocumentsEHRCresolutionsA_HRC_RES_5_1doc
4 Please see the following for information on the UPR of China
httpwwwohchrorgENHRBodiesUPRPagesCNSession4aspx
UNHRC 3 of 44
Conference underway at the UNHRC in Geneva
The Resolution also included the delineation of Special Procedureslsquo established by the former
Commission on Human Rights to comprise of five-member working groups or individual
experts (commonly referred to as Special Rapporteurs) to monitor human rights violations in
thematic or country-specific loci There are currently five Working Groups on people of African
descent on Arbitrary Detention on Enforced or Involuntary Disappearances on the Use of
Mercenaries to Impede the Right of Peoples to Self-Determination and on Situations
(Confidential 1503 Procedure)5
The mandates of the Special Procedures are established and defined by the resolution creating
them Some of the thematic mandates adopted by the Council include the issue of human rights
defenders torture and minorities Special Rapporteurs often conduct fact-finding missions
in countries to investigate allegations of human rights violations They can only visit
countries that have agreed to invite them
The Council is currently headed by Laura Dupuy Lasserre of Uruguay It concluded its
eighteenth session in September 2011 The diversity of the political and social issues
encompassed in the agenda resulted in discussion of issues as varied as the situation in Libya on
one end and water sanitation on the other Also discussed was the situation of human rights in
Syria and the pattern of widespread systematic human rights violations by Syrian security and
military forces was examined The illegal blockade imposed on Gaza was also under focus
Furthermore the Council adopted the outcomes resulting from debate over the Universal
Periodic Review of sixteen countries
5 httpwww2ohchrorgenglishbodieschrworkinggroupshtm
UNHRC 4 of 44
While the Council faces criticism along the lines of that made against the Commission it has
come a long way from being the ―shadow on the ―reputation of the UN system as whole 6
6 httpnewsbbccouk2hiamericas6919268stm
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 5: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/5.jpg)
UNHRC 1 of 44
Introduction to the Human Rights Council
World War II saw some of the worst atrocities of human history It was in the aftermath of the
inability of the League of Nations to prevent international unrest and human rights violations that
the United Nations Charter was promulgated and the UN was set up in 1945 The foundational
premise from which the UNlsquos committees and councils derive their agendas is the protection of
fundamental human rights It is in this vein that the Human Rights Council (and the Commission
it replaced) performs the most integral of functions of the UN Subsequent to the Charter
another landmark document was drawn up in 1948 namely the Universal Declaration of Human
Rights It was the first explicit global expression of the worldlsquos commitment to upholding the
sanctity of human rights It is from the permanent and unprecedented potency of the Declaration
that all subsequent human rights conventions and treaties have been derived both within and
outside of the UN Together with the International Covenant on Economic Social and Cultural
Rights and the International Covenant on Civil and Political Rights it forms the International
Bill of Human Rights
It was through the UN Charter that the Commission on Human Rights was established in 1946
with the purpose of promoting and protecting rights internationally Even though the
Commission successfully achieved the creation of the Universal Declaration of Human Rights it
was repeatedly censured for lacking constructive discussion on human rights issues It was
allegedly used a medium to blame countries and settle political scores It was also critiqued for
being composed of member nations with questionable human rights records such as China Cuba
Zimbabwe and Sudan This among other things led to the replacement of the Commission with
the Council The Council was formed in 2006 through a resolution of the General Assembly
(Resolution 60251)1 that passed with an overwhelming majority The UN Secretary General at
1 GA Resolution 60251 httpwww2ohchrorgenglishbodieshrcouncildocsARES60251_Enpdf
UNHRC 2 of 44
that time Kofi Annan referred to it as a historic resolution that gives the United Nations a
much needed chance to make a new beginning in its work for human rights around the world
The main aim of the Council is to report to the General Assembly and work with it to improve
the situation of global human rights As a specialized body it focuses solely on human rights and
managing the protection and advancement of the human rights of all individuals It aims to
promote universal respect for the protection of all human rights and fundamental freedoms as
demarcated in the International Bill of Rights and the UN Charter for all without distinction of
any kind and in a fair and equal manner Recommendations are made on all documented human
rights violations including gross and systematic violations
The Council can only make recommendations on violations of human rights to the GA which in
turn can suspend the voting rights of the accused Council member The Council also makes
recommendations to the GA for further development of international law in the field of human
rights
The Council comprises of 47 members elected on a geographic quota-based criterion for three-
year-long terms Members elected into the Council by the General Assembly must ―uphold the
highest standards in the promotion and protection of human rights fully cooperate with the
Council and be reviewed under the universal period review mechanism during their term 2
A year after its inception the Human Rights Council designed Resolution 51 in order to provide
mechanisms through which human rights situations could be monitored3 The Resolution
included the Universal Periodic Review (UPR) system4 Through this human rights situations in
individual UN member states are reviewed and subsequently discussed by the entire Council
sitting as a working group through an interactive dialogue with the concerned State The Review
system incentivizes states to independently reform and review domestic human rights situations
prior to international inspection which facilitates the fulfillment of the aim of the Council
Human rights situations are meant to be reviewed on a rotational basis for all 192 UN member
states
2 httpwww2ohchrorgenglishbodieshrcouncildocspledgespdf
3 Resolution 51 httpapohchrorgdocumentsEHRCresolutionsA_HRC_RES_5_1doc
4 Please see the following for information on the UPR of China
httpwwwohchrorgENHRBodiesUPRPagesCNSession4aspx
UNHRC 3 of 44
Conference underway at the UNHRC in Geneva
The Resolution also included the delineation of Special Procedureslsquo established by the former
Commission on Human Rights to comprise of five-member working groups or individual
experts (commonly referred to as Special Rapporteurs) to monitor human rights violations in
thematic or country-specific loci There are currently five Working Groups on people of African
descent on Arbitrary Detention on Enforced or Involuntary Disappearances on the Use of
Mercenaries to Impede the Right of Peoples to Self-Determination and on Situations
(Confidential 1503 Procedure)5
The mandates of the Special Procedures are established and defined by the resolution creating
them Some of the thematic mandates adopted by the Council include the issue of human rights
defenders torture and minorities Special Rapporteurs often conduct fact-finding missions
in countries to investigate allegations of human rights violations They can only visit
countries that have agreed to invite them
The Council is currently headed by Laura Dupuy Lasserre of Uruguay It concluded its
eighteenth session in September 2011 The diversity of the political and social issues
encompassed in the agenda resulted in discussion of issues as varied as the situation in Libya on
one end and water sanitation on the other Also discussed was the situation of human rights in
Syria and the pattern of widespread systematic human rights violations by Syrian security and
military forces was examined The illegal blockade imposed on Gaza was also under focus
Furthermore the Council adopted the outcomes resulting from debate over the Universal
Periodic Review of sixteen countries
5 httpwww2ohchrorgenglishbodieschrworkinggroupshtm
UNHRC 4 of 44
While the Council faces criticism along the lines of that made against the Commission it has
come a long way from being the ―shadow on the ―reputation of the UN system as whole 6
6 httpnewsbbccouk2hiamericas6919268stm
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 6: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/6.jpg)
UNHRC 2 of 44
that time Kofi Annan referred to it as a historic resolution that gives the United Nations a
much needed chance to make a new beginning in its work for human rights around the world
The main aim of the Council is to report to the General Assembly and work with it to improve
the situation of global human rights As a specialized body it focuses solely on human rights and
managing the protection and advancement of the human rights of all individuals It aims to
promote universal respect for the protection of all human rights and fundamental freedoms as
demarcated in the International Bill of Rights and the UN Charter for all without distinction of
any kind and in a fair and equal manner Recommendations are made on all documented human
rights violations including gross and systematic violations
The Council can only make recommendations on violations of human rights to the GA which in
turn can suspend the voting rights of the accused Council member The Council also makes
recommendations to the GA for further development of international law in the field of human
rights
The Council comprises of 47 members elected on a geographic quota-based criterion for three-
year-long terms Members elected into the Council by the General Assembly must ―uphold the
highest standards in the promotion and protection of human rights fully cooperate with the
Council and be reviewed under the universal period review mechanism during their term 2
A year after its inception the Human Rights Council designed Resolution 51 in order to provide
mechanisms through which human rights situations could be monitored3 The Resolution
included the Universal Periodic Review (UPR) system4 Through this human rights situations in
individual UN member states are reviewed and subsequently discussed by the entire Council
sitting as a working group through an interactive dialogue with the concerned State The Review
system incentivizes states to independently reform and review domestic human rights situations
prior to international inspection which facilitates the fulfillment of the aim of the Council
Human rights situations are meant to be reviewed on a rotational basis for all 192 UN member
states
2 httpwww2ohchrorgenglishbodieshrcouncildocspledgespdf
3 Resolution 51 httpapohchrorgdocumentsEHRCresolutionsA_HRC_RES_5_1doc
4 Please see the following for information on the UPR of China
httpwwwohchrorgENHRBodiesUPRPagesCNSession4aspx
UNHRC 3 of 44
Conference underway at the UNHRC in Geneva
The Resolution also included the delineation of Special Procedureslsquo established by the former
Commission on Human Rights to comprise of five-member working groups or individual
experts (commonly referred to as Special Rapporteurs) to monitor human rights violations in
thematic or country-specific loci There are currently five Working Groups on people of African
descent on Arbitrary Detention on Enforced or Involuntary Disappearances on the Use of
Mercenaries to Impede the Right of Peoples to Self-Determination and on Situations
(Confidential 1503 Procedure)5
The mandates of the Special Procedures are established and defined by the resolution creating
them Some of the thematic mandates adopted by the Council include the issue of human rights
defenders torture and minorities Special Rapporteurs often conduct fact-finding missions
in countries to investigate allegations of human rights violations They can only visit
countries that have agreed to invite them
The Council is currently headed by Laura Dupuy Lasserre of Uruguay It concluded its
eighteenth session in September 2011 The diversity of the political and social issues
encompassed in the agenda resulted in discussion of issues as varied as the situation in Libya on
one end and water sanitation on the other Also discussed was the situation of human rights in
Syria and the pattern of widespread systematic human rights violations by Syrian security and
military forces was examined The illegal blockade imposed on Gaza was also under focus
Furthermore the Council adopted the outcomes resulting from debate over the Universal
Periodic Review of sixteen countries
5 httpwww2ohchrorgenglishbodieschrworkinggroupshtm
UNHRC 4 of 44
While the Council faces criticism along the lines of that made against the Commission it has
come a long way from being the ―shadow on the ―reputation of the UN system as whole 6
6 httpnewsbbccouk2hiamericas6919268stm
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 7: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/7.jpg)
UNHRC 3 of 44
Conference underway at the UNHRC in Geneva
The Resolution also included the delineation of Special Procedureslsquo established by the former
Commission on Human Rights to comprise of five-member working groups or individual
experts (commonly referred to as Special Rapporteurs) to monitor human rights violations in
thematic or country-specific loci There are currently five Working Groups on people of African
descent on Arbitrary Detention on Enforced or Involuntary Disappearances on the Use of
Mercenaries to Impede the Right of Peoples to Self-Determination and on Situations
(Confidential 1503 Procedure)5
The mandates of the Special Procedures are established and defined by the resolution creating
them Some of the thematic mandates adopted by the Council include the issue of human rights
defenders torture and minorities Special Rapporteurs often conduct fact-finding missions
in countries to investigate allegations of human rights violations They can only visit
countries that have agreed to invite them
The Council is currently headed by Laura Dupuy Lasserre of Uruguay It concluded its
eighteenth session in September 2011 The diversity of the political and social issues
encompassed in the agenda resulted in discussion of issues as varied as the situation in Libya on
one end and water sanitation on the other Also discussed was the situation of human rights in
Syria and the pattern of widespread systematic human rights violations by Syrian security and
military forces was examined The illegal blockade imposed on Gaza was also under focus
Furthermore the Council adopted the outcomes resulting from debate over the Universal
Periodic Review of sixteen countries
5 httpwww2ohchrorgenglishbodieschrworkinggroupshtm
UNHRC 4 of 44
While the Council faces criticism along the lines of that made against the Commission it has
come a long way from being the ―shadow on the ―reputation of the UN system as whole 6
6 httpnewsbbccouk2hiamericas6919268stm
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 8: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/8.jpg)
UNHRC 4 of 44
While the Council faces criticism along the lines of that made against the Commission it has
come a long way from being the ―shadow on the ―reputation of the UN system as whole 6
6 httpnewsbbccouk2hiamericas6919268stm
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 9: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/9.jpg)
UNHRC 5 of 44
Topic Area A The Great Firewall of China Review of the Human Rights Situation
Introduction to the Topic Area
The Peoplelsquos Republic of China is the worldlsquos most populous country with an estimated
population of 137 billion It is also one of the largest countries in terms of its land territory
China has firmly established itself as a premier world economic powerhouse It is the worlds
second-largest economy after the United States by both nominal GDP ($593 trillion) and
purchasing power parity ($1012 trillion) A single-party state governed by the Communist Party
of China it is widely acknowledged to be the worlds fastest-growing major economy and the
worlds largest exporter and second-largest importer of goods China is also a permanent member
of the UNSC and is a prominent figure in international politics It is a recognized nuclear
weapons state and has the worlds largest standing army with the second-largest defense budget
China is on par with the United States as a superpower and is soon even expected to supersede
the latter as the worldlsquos major politico-economic power
However Chinalsquos record in relation to human rights violations stands out for all the wrong
reasons China has been ruled by the Communist Party since it gained power and established the
Peoplelsquos Republic of China in 1949 It is believed to be in breach of numerous human rights and
its transgressions are a subject of much concern for the entire international community Some
issues like the Tiananmen Square of 1989 or that of Mr Liu Xiaobolsquos imprisonment have seen
the light of day and escaped the iron clutches of Chinese control on media However thousands
of other cases are never brought out into the open and are unable to draw international attention
which is why this year at LUMUNlsquos United Nations Human Rights Council the debate will focus
on China and its human rights violations The human rights abuses in focus will be Chinalsquos
violation of reproductive rights the case of internet censorship in China and the right to free
speech political prisoners in China and illegal detention the infringement of rights in the
conflict with Tibet and ethnic minority rights
The committee will not only be expected to discuss all aspects of the issues distinctly and in
extensive detail The committee will also be expected to be familiar with the Universal
Declaration of Human Rights all pertinent treaties resolutions and conventions
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 10: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/10.jpg)
UNHRC 6 of 44
Chinarsquos Violation of Reproductive Rights
While reproductive rights are not specifically mentioned in the Universal Declaration of Human
Rights they are widely understood to be an extension of the freedom of choice and right to life
They are to be granted equally to all humans without discrimination of race sex language or
religion under the United Nations Charter7 Reproductive rights embrace certain human rights
that are already recognized in national laws international human rights documents and other
relevant UN consensus documents The World Health Organization defines reproductive rights
in the following manner
ldquoReproductive rights rest on the recognition of the basic right of all couples and individuals to
decide freely and responsibly the number spacing and timing of their children and to have the
information and means to do so and the right to attain the highest standard of sexual and
reproductive health They also include the right of all to make decisions concerning reproduction
free of discrimination coercion and violence8rdquo
Only if individuals have the freedom to be in control of their sexual and reproductive lives can
uninhibited social development occur However the lack of any binding international covenant
on the subject is a grave state of affairs Soft laws in the form of non-binding measures are
often deemed too inadequate in mounting a challenge against the issue The United Nations
Human Rights Council has the capacity to make recommendations for the revision of the
aforementioned fact and will be something that the committee should focus on
Reproductive rights include in their spectrum the right to legal or safe abortion the right to
access quality reproductive healthcare the right to birth control and the right to education in
order to make well-informed reproductive choices without any coercion or violence9 Equality
and equity for men and women is of paramount importance while addressing such civil liberties
so that individuals are able to make free and informed choices in all spheres of life without any
discrimination of any kind An essential aspect of the debate is related to the right to privacy that
all individuals must be granted in the process of their decision-making
The provision of such personal human rights is notably absent in China With the stern
implementation of the one-childlsquo policy10
China has undertaken extreme measures at the cost
of innumerable human rights to curtail population growth Despite having previously ratified the
7 Article 1 of the UN Charter httpwwwunorgendocumentscharterchapter1shtml
8 Gender and reproductive rights home page httpwwwwhointreproductivehealthen
9Amnesty International USA
httpwwwamnestyusaorgStop_Violence_Against_Women_SVAWReproductive_Rightspagedoid=1108242ampn
1=3ampn2=39ampn3=1101 10
Article 18 of Population and Family Planning Law of Peoplelsquos Republic of China
httpwwwunescaporgesidpsispopulationdatabasepoplawslaw_chinachina20pop20and20family20plan
ningpdf
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 11: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/11.jpg)
UNHRC 7 of 44
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in
198011
which prohibits coercion in family planning policies12
China continues to dictate the
reproductive lives of all its citizens While the Law on Population and Family Planning states
that one child is mostly merely encouraged abusive or coercive enforcement measures such as
forced abortions compulsory sterilizations and the forced insertion of intra-uterine devices after
abortions or births are common practices that are regularly documented13
Forced sterilizations are a troublingly common practice in other regions as well Perulsquos case is
important in this regard with its program of achieving a target number of sterilizations each
year sometimes numbering in the hundreds of thousands Indeed the government would
sometimes bribe women to undergo these procedures in exchange for food and medicine for
their existing children 14
A system of enhanced monitoring strategies is often regarded as one of
the solutions to the problem
Another pervasive measure employed by the state is the routine monitoring of the menstrual
cycle of women particularly those in the child-bearing age by family planning officials15
Their
employment is often contingent upon compliance with the policy The right to privacy is
severely breached in all such instances Furthermore unmarried women are not allowed to have
children and even married couples must apply for a birth permit before they can legally bear
children16
Analyzing the statelsquos penetrating involvement and interference in the private spheres
of individuals in light of existing treaties and conventions will be one of the committeelsquos tasks
Women and couples who defy the policy face fines amounting to several yearslsquo salary have their
access to social services cut and are even imprisoned in certain cases Their so-called black
childrenlsquo have no legal status in China meaning these children are not granted any rights
whatsoever and do not have access to education health or any other services provided by the
State There are an estimated 6 million undocumented children in China most of which are
believed to be girls17
The cases of Mao Hengfeng and Chen Guangchengserve as prime examples demonstrating the
inhumane nature of penalties handed out by the Chinese state to violators of the one-child
policy18
Mao a human rights activist was sentenced to two and a half years in prison after she
refused to have an abortion Chen was a blind self-taught lawyer and activist who was charged
and punished with more than four years in prison after exposing abuses in the implementation of
the one-child policy
11
httpunifem-eseasiaorgChina 12
httptreatiesunorgPagesViewDetailsaspxsrc=TREATYampmtdsg_no=IV-8ampchapter=4amplang=en 13
httpwwwrhrealitycheckorgnode7926 14
httpwwwwebsteredu~woolflmforcedsterilizationhtml 15
Page 2 httpwwwcensusgovpopulationinternationalfilesspSP73pdf 16
httpfactsanddetailscomchinaphpitemid=128ampcatid=4ampsubcatid=15 17
Ibid 18
httpwwwrhrealitycheckorgnode7926
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 12: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/12.jpg)
UNHRC 8 of 44
The appalling state of affairs is further augmented by the actions the Chinese state takes to
impede the birth of conceived children It implements very strictly a program of compulsory
sterilization and forced abortions to minimize the birth of a second child in a family While
abortion itself may be a debatable and controversial topic the subset of such a controversy in the
form of a state-regulated forced abortion is excruciatingly black and white The undeniable
cruelty of forced abortions is not a deterrent strong enough for the Chinese government and the
phenomenon exists widely in China In fact the policy leads to an estimated 13 million abortions
every year with many of those ordered by local authorities Infanticide is a common practice
especially in the rural areas of the country19
Women are abducted by the state and at the cost of
their lives are forced to undergo forced and mostly unsafe abortions
In October of 2010 China forced an eight-month pregnant woman into an abortion for breaching
the one-child policy20
Government officials entered Xiao Aiyinglsquos residence hit and kicked her
in the stomach and subsequently dragged her to the hospital where doctors injected her with a
lethal drug to kill her unborn baby Xiaolsquos husband later described the incident They held her
hands behind her back and pushed her head against the wall and kicked her in the stomachlsquo The
animalistic discourse adopted by the government officials is a testimony to Chinalsquos open rebuke
for human rights More recently Womenlsquos Rights without Frontierslsquo and China Aidlsquo reported
the death of a six-month pregnant woman during a forced abortion on October 12th
201121
Jihong Ma was seized by Family Planning Officials for a forced abortion having violated the
one-child policy
While the positive environmental impact of the prevention of 300 to 400 million births may be
cited22
it must be noted the one-child policy privileges only the wealthy who can afford the
fines for additional births and have better access to contraceptives and health care while
punishing the poor who are financially crippled by the fines incurred for additional births
Moreover this policy punishes the children of the poor because they are more likely to be kept
hidden from the state and thus will not have access to health care and the education they need to
climb out of poverty In this way social disparity is further perpetuated within the existing
framework
Another adverse byproduct of Chinas 30-year-old family planning policy is the gender
imbalance that is now manifested most clearly among those of marrying age The British
Medical Journal claimed that in 2005 there were 32 million more males than females (under the
age of 20) in China23
Even though China banned prenatal sex screening in 199424
illegal
ultrasound tests allow prospective parents to choose the gender they prefer for their only child
19
httpwwwdailymailcouknewsarticle-1322601China-forces-woman-abortion-EIGHT-months-breaching-
child-policyhtml 20
Ibid 21
httpwwwwomensrightswithoutfrontiersorgblogp=429 22
―Has Chinas one-child policy worked httpnewsbbccouk2hiasia-pacific7000931stm 23
British Medical Journal BMJ 2009 338b1211 httpwwwbmjcomcontent338bmjb1211full 24
―A Brief History of Chinas One-Child Policy httpwwwtimecomtimeworldarticle08599191286100html
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 13: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/13.jpg)
UNHRC 9 of 44
creating a massive imbalance This imbalance will lead to drastic results in the next few years an
implication the committee needs to take in account when establishing a framework for
responding to the issue
The Human Rights Council conducted a Universal Periodic Review of China in 200925
to much
international consternation and surprise the report lacked substantial evidence implicating
China and was instead found to be extremely vague The role of the United Nations in defining
and drawing attention to the issue is of key significance and the Human Rights Council must
make recommendations on how the United Nations can enhance its capacity in laying the
foundations for the case The Council can also make recommendations regarding the changes
that can be brought about in the conduct of the Review and otherwise in order to be able to
contain the issue with lesser difficulty
The committee will be called upon to review reproductive rights in detail including the implicit
and explicit consequences on the people of China Access to reproductive healthcare is a
problem the world over and is often consciously violated by states Is there a way to control
these violations perhaps through devising enhanced monitoring strategies
The Case of Internet Censorship in China and the Right to Free Speech
Everyone has the right to freedom of opinion and expression this right includes freedom to hold
opinions without interference and to seek receive and impart information and ideas through any
media and regardless of frontiers26
- Article 19 Universal Declaration of Human Rights
Everyone shall have the right to freedom of expression this right shall include freedom to seek
receive and impart information and ideas of all kinds regardless of frontiers either orally in
writing or in print in the form of art or through any other media of his choice 27
- Article 19 (2) International Covenant on Civil and
Political Rights
The Peoplelsquos Republic of China along with being the most populous region of the world is also
home to the worldlsquos largest collection of internet users According to Xinhua Chinalsquos state-run
English news agency Chinalsquos internet user ship exceeded 500 million users as of September
201128
China is also the worldlsquos largest media market However despite these impressive
statistics it is both interesting and disturbing to note that the Republic is also remarkable for its
25
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_3_Epdf 26
httpwwwohchrorgENUDHRDocumentsUDHR_Translationsengpdf The Universal Declaration of Human
Rights 27
httpwww2ohchrorgenglishlawpdfccprpdf The International Covenant on Civil and Political Rights 28
httpnewsxinhuanetcomenglish2010china2011-0929c_131167919htm
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 14: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/14.jpg)
UNHRC 10 of 44
censorship history About a dozen government bodies control internet usage including the
Ministry of Public Security29
It has been noted that while the Chinese advertising industry is
booming this freedom does not extend to editorial content of newspapers30
This phenomenon of
Chinese censorship has been labeled in the mainstream global media as the Great Firewall of
China The Firewall serves to filter both the information coming into China as well as
information generated within the nation It is beyond being a clever pun a matter of concern for
the committee because of its repressive characteristic The State imposes such extreme
restrictions of freedom of information under the premise of protection of its nationalistic
interests However its negative connotation is much obvious and its resemblance to Orwelllsquos
Ministry of Truth and the notion of thought control is uncanny The Peoplelsquos Republic has signed
(not ratified) the International Covenant on Civil and Political Rights The committee can look
into the reasons behind this as well as assess current global membership to the covenant
Chinalsquos Internet censorship is centered on the control of political thought The Measures on the
Administration of Internet Information Services and the Provisions on the Administration of
Internet News and Information Services are the two main instruments used to do so31
Section 19
of the latter deserves special attention and casts its scope to prohibit activities that disrupt
―national policies on religion propagating evil cults and feudal superstitions jeopardize ―the
security of the nation harm ―integrity of the nationlsquos unity or ―the honor or the interests of the
nation among other things32
Regulations are so stringent that in 2008 only eight websites out
of a total of 430000 in Guangdong Province ndash Chinalsquos most populous region -- were able to
obtain news publication qualifications permits33
The Internet news and information services entities engaging in Internet news and information
services shall abide by the Constitution laws and regulations by persisting in providing service
for the people and serving socialism and guiding public opinion to protect the interests of the
nation and the public
- Article 3 Provisions on the Administration of Internet News and Information Services
The national report submitted by China to the Working Group for the Universal Periodic Review
in 2009 exhibited the governmentlsquos opinion that ―with such easy fast and diverse ways of
gaining access to information and expressing opinion including criticism of the Government
Chinese citizens are enjoying an entirely new lifestyle34
According to a white paper published
29
httpwwwhrworgreports2006china08063htm_ftnref28 30
httpnewsbbccouk2hiafricacountry_profiles1287798stm 31
httpwwwhrichinaorgcrfarticle3244 32
httpwwwchinaitlaworgp1=printampp2=051006175116 Provisions on the Administration of Internet News and
Information Services
Please peruse the following httpwwwhrworgreports2006china08063htm for commentary on the Provisions 33
Ibid 34
httplibohchrorgHRBodiesUPRDocumentsSession4CNA_HRC_WG6_4_CHN_1_Epdf
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 15: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/15.jpg)
UNHRC 11 of 44
in 2008 by the Information Office of the State Council the internet is a ―crystallization of human
wisdom and ―Chinese citizens fully enjoy freedom of speech on the internet 35
Chinalsquos policies have relevance beyond
their contravention of what may seem to be
abstract principles China has jailed the
largest number of internet dissidents the
world over The case of Liu Shaokun for
example is a notable one He was a
teacher in Sichuan province which had
been hit in 2008 by a ravaging earthquake
around the time of the Summer Olympics
in Beijing China had been praised for
allowing reporters to openly cover the
earthquake Much of this openness however was part of a bid to soothe the international
community and project Beijinglsquos image as being the perfect venue for the Olympics Shaokun
however was sentenced to a year of labor for posting photographs of schools affected by the
earthquake He is among countless others who have been silenced36
When the Arab Spring flowered over the Middle East China cracked down on many social
networking sites to curb pro-democracy sentiments Amongst these was LinkedIn blocked over
the fact that one of its users had mentioned the possibility of a ―Jasmine Revolution in China37
The government blocks discussions about the Dalai Lama the Tiananmen Square protests and
the Falun Gong spiritual movement among other things In April of 2007 the Chinese version of
MySpace launched but lacked discussion forums centered on the aforementioned topics among
others including Taiwanlsquos independence In 2010 Google considered withdrawing its services
from China after a spur of cyber-attacks on email accounts of human rights activists 38
and the government reached a deal whereby Google operated by Chinese guidelines within
mainland China However Google has a non-censored operation running in Hong Kong to
which it started routing customers in 2010 when it had concerns over Google accounts being
hacked by authorities It is testament to Chinese control that companies such as Google are
forced to enter the internet market on its terms Other instances of well renowned internet
websites being blocked or affronted include Twitter being banned during the 20th
anniversary of
the Tiananmen killings
The Committee to Protect Journalists ranks China as one of the worst internet censors The
Chinese government has been alleged of carrying out ―spear-phishing whereby spying software
disguised as legitimate emails is installed on computers that belong invariably to journalists
35
httpchinaorgcngovernmentwhitepapernode_7093508htm 36
httpcpjorgreports201012cpj-journalist-prison-census-iran-china-highest-14-yearsphp 37
httpwwwbbccouknewstechnology-12586462 38
httpnewsbbccouk2hi8460129stm Please look at this link for a timeline of Chinalsquos internet history
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 16: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/16.jpg)
UNHRC 12 of 44
Victims included those writing about Liu Xiaobo the imprisoned human rights defender who
received the Nobel Peace Prize in 201039
According to statistics over 80 of Chinas netizens rely mainly on the Internet for news 40
With this state of affairs and increasing dependence the world over on the internet as a major
source of information discussing information monopolies is crucial To isolate a country of over
a billion and deny it access to information in the age of technology may not seem a palpable
physical or otherwise contravention of human rights however its consequences are
tremendous While one may think that media censorship is restricted to dictatorial regimes the
case of China serves to refute that line of thought Media censorship is prevalent even in
countries as varied as Indonesia India Mexico and Russia ndash all of whom rank relatively low on
the Press Freedom Index41
Looking at instances worldwide and the justifications given for
restricting rights will be a useful direction to take while researching
The following website is a useful tool to check the status of websites in China
httpwwwgreatfirewallofchinaorg
Political Prisoners in China and Illegal Detention
Political prisoners are those whose imprisonment is carried out arbitrarily on contestable and
controversial grounds Governments detain certain individuals on the basis of allegedly valid
grounds which are not always disclosed or declared Many detainees charge existence of ulterior
motives or extrajudicial reasons on part of the state for their detention The phenomenon of
political prisoners is often associated with closed regimes such as Burma and the DPRK
However the Peoplelsquos Republic of China too does not escape scrutiny when the topic of political
prisoners is at hand The phenomenon of political prisoners resonates so loudly in the
international spheres particularly because governments deny the existence of political prisoners
they claim that all detainees are lawfully held under criminal law The unfair detainment of
persons or the capture of people to serve the interests of a government contravenes many human
rights including freedom of expression association and assembly Indeed a countrylsquos political
imprisonment record is one of the crucial indicators of its human rights situation
Amnesty International views political prisoners as prisoners of conscience These are more
specifically ―people who have been jailed because of their political religious or other
conscientiously-held beliefs ethnic origin sex color language national or social origin
economic status birth sexual orientation or other status42
39
httpwwwcpjorgreports201105the-10-tools-of-online-oppressorsphp 40
httpchinaorgcngovernmentwhitepapernode_7093508htm 41
httpenrsforgpress-freedom-index-20101034html 42
httpwwwamnestyusaorgour-workissuesprisoners-and-people-at-riskprisoners-of-conscience
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 17: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/17.jpg)
UNHRC 13 of 44
According to the (US) Congressional Executive Commission on China over 5000 cases of
politically or religiously motivated imprisonments have been made It has detailed documented
information on the status of 1452 of these prisoners and
notes that its information is far from complete and that the
true story of Chinalsquos political prisoners remains unknown 43
The plight of political prisoners in China is speculated upon
by various international organizations Among these is the
Human Rights Watch which has gone as far as labeling the
locations for holding political prisoners ―black jails and
―alleyways in hell Officially though the Chinese
government denies the existence of political prisoners Subsequent to Chinalsquos Universal Periodic
Review an outcome report was published which came under fire from various sides The Human
Rights Watch called the substance of the report to be ―manifestly so far removed from reality
that [it] would immediately discredit anybody that adopted them in a report 44
In the report of
the UNHRC Working Group subsequent to Chinalsquos UPR it is stated that the Chinese
government does not use ―state secrets to suppress human rights defenders 45
It is precisely this
situation that our simulation wishes to remedy discussion should be fact based
The ground realities are different In 2010 Chinese activist and human rights defender Mr Liu
Xiaobo was awarded the Nobel Peace Prize He was jailed by Chinese authorities for
distributing his ―Charter 08 a document that called for freedom of expression and of assembly
among other things The government incarcerated him for an 11 year time-period on the charge
of subversion Subsequent to the prize the Chinese government came down hard on other human
rights activists Indeed those celebrating the awarding of the prize to Mr Xiaobo were arrested
arbitrarily While distributing fliers celebrating the win many were imprisoned on the grounds of
―inciting subversion of state power The Report of the Special Rapporteur on the situation of
human rights defenders published in 2011 makes mention of these facts46
The Chinese
government labeled the award an ―obscenity It is vague allegations such as these that allow
governments to thwart dissidents As expected though according to the report of the HRC
Working Group No individual or press has been penalized for voicing their opinions or
views47
When discussing China and political prisoners it is important to mention the Falun Gong
movement It is a spiritual variant of Buddhism and originated in China on the basis of the
teachings of its founder Li Hongzhi The movement was supported within the Chinese
43
httpwwwceccgovpagesvictims20101010_PPD_AR10pdfPHPSESSID=705596c0e91f35e392e6f0ecbb78d6
7c 44
httpwwwhrworgennews20090610human-rights-watch-statement-upr-outcome-report-china 45
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement 46
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf Page 63 47
httpdaccess-dds-nyunorgdocUNDOCGENG0916299PDFG0916299pdfOpenElement Para 71
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 18: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/18.jpg)
UNHRC 14 of 44
officialdom initially However Falun Gonglsquos popularity within the masses as well as its
independence from the state and its spiritual teachings was soon perceived as a threat to the
government By the late 1990lsquos the Chinese government cracked down on the movement and
labeled it as a heretical organization Chinese legislation uses the expression ―Xiejiao zuzhi to
refer to a wide range of sectarian or unorthodox religious groups which do not meet official
approval The Falun Gong movement is included in this list48
The Falun Gong followers are the
worldlsquos largest group of prisoners of conscience The PRC often picks up practitioners and
accuses them of ―using an evil cult to destroy implementation of the law 49
China with its strict non-religious government did not take kindly to this new movement that
had garnered millions of followers both within China and internationally between 1992 and the
crackdown in 1999 Today Falun Gong is practiced freely in more than 70 countries around the
world with clubs and associations existing in a range of settings50
Beginning at the turn of the
millennium the authorities started to ban access to websites that contained material about the
movement Indeed a search on the movement on Chinalsquos Xinhua News Agency website will
even today yield nothing (It may be an interesting experiment for delegates to conduct) Those
who reported the initial crackdown were ―followed detained interrogated and threatened
according to a letter written in 1999 by The Foreign Correspondents Club (FCC) of China51
The Falun Gong movementlsquos official website deals with its persecution thus The complex
rationale behind the persecution can be broken into four elements a paranoid dictators fear of
Falun Gongs meteoric growth and soaring popularity that same dictators intense jealousy of
Falun Dafas popularity the inherent conflict between the communist regimes savage political
ideology and its polar oppositemdashFalun Dafas principles of Truthfulness Benevolence
Forbearance and the very nature of communism which to sustain itself requires periodically
labeling a small segment of the population as the class enemy to struggle against52
The Chinese crackdown on Falun Gong practitioners involved a ban on practicing it by the
Chinese Communist Party whose members as aforementioned were interestingly initially
adherents to the movement in significant numbers Indeed the party was divided from within
over their stance on the movement The government formulated an ―anti-cult law a few months
after issuing a warrant for the founderlsquos arrest ―During the first two years of the crackdown
between 150 and 450 group leaders and other members were tried for various crimes and
sentenced to prison terms of up to 18-20 years53
To this day ―central leaders turn a blind eye to
48
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 49
httpwww2ohchrorgenglishissuesdefendersdocsAHRC1644Add1_EFSonlypdf 50
httpwwwfaluninfonettopic22 51
httpwwwamnestyorgenlibraryassetASA170112000en7a361a8e-df70-11dd-acaa-
7d9091d4638fasa170112000enhtml 52
httpwwwfalundafaorgengfaqshtmlpersecution 53
httpfpcstategovdocumentsorganization67820pdf Page 4
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 19: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/19.jpg)
UNHRC 15 of 44
local methods of suppression against unrepentant practitioners including the reported use of
torture54
Also worth noting is the fact that Chinalsquos judicial system has been alleged to be anything but
conducive to providing justice to those using the system Indeed it is a repressive tool used by
the government to silence dissent China with its vast land mass and various provinces and
municipalities must work hard to keep its Centre strong Scores of individuals who are more
obscure than human rights activists and such are imprisoned by the government while ironically
seeking justice It has long been the custom for people of the countryside to seek justice in
Beijing if they felt that their local authorities had treated them unfairly However modern China
has not taken kindly to this tradition Local authorities are evaluated on the basis of the number
of complaints the Centre receives about them Thus they have a vested interest in thwarting the
reports of any complaints about them to Beijing Those who complain are whisked off to black
jails where ―detainees are denied access to legal counsel and in most cases contact with family
and friends They ―are kept under constant surveillance and subject to often arbitrary physical
and psychological abuse55
Chinalsquos record with regard to political prisoners and its tradition of suppressing dissent are
exacerbated by the sheer scale on which dissent is thwarted The aspect of potential torture of
prisoners further complicates the issue It is troubling that the issue of Chinese political prisoners
only gained international prominence with the case of Mr Liu Xiaobo It is not the only nation in
the world to adopt such strict policies in order to further its own ideology and the committee will
do well to ruminate upon how this tradition can be discontinued so as to allow people their
essential political freedoms
The Infringement of Rights in the Conflict with Tibet
Despite the furor that has been inconsistently directed towards its human rights record China
continues to impose tightening restrictions on rights of expression association and assembly
The Chinese government carries on devising social and economic changes that retain its firm
authority over its citizens which in turn enables a host of human rights violations In the context
of Tibet China has failed to address the grievances of the people there who have been made
victims of social discrimination and have unequal access to opportunities Scores of Tibetans are
marginalized and detained for their religious inclinations which are further suppressed by the
imposition of intense patriotic educationlsquo campaigns whereby socialism is furthered and all sorts
of religious or individualistic tendencies are thwarted
54
Ibid Page 5 55
httpwwwhrworgreports20091112alleyway-hell-0 Page 4
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 20: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/20.jpg)
UNHRC 16 of 44
Despite its totalitarian approach China refuses to accept responsibility for the issue Instead it
blames westernlsquo forces for trying to instigate separatism56
The indifference on the part of
China with particular regard to Tibet is apparent with Chinese authoritieslsquo continuous rejection
of ―inconvenient requests by UN human rights experts for visits to the Tibet Autonomous
Region57
During 1912 and 1951 Tibet underwent a period of de facto independence58
While it was still
territorially a part of China it enjoyed relative freedom in its political discourse Tibetan
autonomy was confined within the context of Chinese suzerainty and should not be interpreted
as unrestrained political independence Since 1951 however the Chinese government has taken
steps to ensure its absolute and undeniable dominance over Tibet from which emanates the strife
under discussion Gross violations of human rights have taken place in China administered by
officials with the purpose of cultivating consent with regard to its control over the region
Suppression has led to the inevitable extensive discontent in Tibet a fury which was unleashed
in 2008 The Tibetan unrest of 2008 was a series of protests and demonstrations - not merely in
the Tibet Autonomous Region but elsewhere as well - that later transformed into rioting burning
looting and even killing59
The rioters set fire to state vehicles and clashed violently with the
police installed in the region The crackdown of Chinese authorities in response to the riots was
severe resulting in deaths on both sides and mass imprisonment by state authorities The degree
to which human rights were violated and abused during this crackdown cannot be overstated
The Chinese also revoked the freedom of sharing of information and imposed a ban on the entry
of media officials in the region to contain
information about the unrest and play down
protests60
A Tibetan Government in Exile has existed in India
since 1959 established by the 14th
Dalai Lama61
This Central Tibetan Administration considers the
issue as an illegitimate military occupation by the
Chinese state The Administration works with the
agendas of restoration of freedom in Tibet and rehabilitation of Tibetan refugees
Historical facts refute such a fallacy however The simple reality that the installation of the 14th Dalai Lama
needed the approval of the national government is sufficient proof that Tibet did not possess any independent power
during that period ndash (httpwwwchinaorgcne-whitetibet9-2htm)
56
httpwwwunhcrorgrefworldcountryAMNESTYCHN49b8dfc11a0html 57
Ibid 58
Grunfeld A Tom Reassessing Tibet Policy 2000 59
httpwwwnytimescom20080316worldasia16iht-tibet111134870html 60
Watts Jonathan Branigan Tania (March 18 2008) Tension rises as armed police mass in capital The
Guardian (London) Retrieved November 1 2011 61
httpwwwtibetnetenindexphpid=14
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 21: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/21.jpg)
UNHRC 17 of 44
The censured freedom of expression is one of the multiple infringements on rights that are
imposed by China on Tibet Tibetans are denied the basic right to articulate their views through
political discourse Human rights activists advocate the freedom of speech for Tibetans under the
existing and future political arrangements Religious and political figures in Tibet are placed
under house arrest limiting their freedom of movement (in contradiction to article 13 of the
Universal Declaration of Human Rights)62
As was highlighted during the unrest in 2008 China
has often stripped the Tibetan population of its fundamental rights to associate and assemble In
2000 nine Tibetan prisoners in Kandze were charged for participating in a peaceful protest to
five-year prison terms in October 1999 (which were later increased to ten-year terms)63
This example leads us to another crop of abuse conducted overtly by Chinese authorities
arbitrary detention Article 9 of the Universal Declaration of Human Rights reads ―No one shall
be subjected to arbitrary arrest detention or exile64
Chinese law however permits authorities
to detain persons without formally arresting or charging them and persons may be sentenced
administratively to up to 3 years in reeducation-through-labor camps and other similar facilities
without a trial
Chinese authorities have been unresponsive to concerns expressed by the United Nations
Working Group on Arbitrary Detention No counter-explanation was given either over the case
of three Tibetans who had their sentences extended for staging a peaceful political protest during
the Working Groups visit to Drapchi in October 1997 despite international pressure65
Infinite
examples of arbitrary arrests and detentions exist in China international authorities have called
on China to cease this practice and release such detainees immediately absent evidence that they
have engaged in criminal acts No state can or should be able to hold anyone for engaging in
peaceful political activity All humans
should be granted internationally recognized
due-process protections which includes the
right to be informed of the charges leveled
against them66
The question of whether
these detainees are given an impartial trial if
one at all is not even raised
In addition to the arrests carried out in
violation of international law there are
grave evidences of abuses during detention
62
httpwwwhrworgnews20000612human-rights-violations-tibet 63
Ibid 64
httpwwwunorgendocumentsudhr 65
httpwwwhrworgnews20000612human-rights-violations-tibet 66
httpwwwhrworgnews20000612human-rights-violations-tibet
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 22: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/22.jpg)
UNHRC 18 of 44
Incidences of beatings at time of arrest and torture (including the administration of electric
shocks and deprivation of food and medical treatment)67
during custody are widely reported
These are not isolated cases rather the product of a holistic policy of dealing with political
dissidents In one notable incident in May 1998 political prisoners in Drapchi staged major
protests to coincide with a visit from a European Union delegation The protests were non-
violent but the authorities reaction was severe several protestors were shot at and one monk
Lobsang Gelek subsequently died68
The Convention Against Torture (CAT ratified by China in 1988) requires the state to prevent
torture and punish those in violation of the law China has not amended its own laws to comply
with even the first article of CAT69
Such practices explicitly stand in contempt of Article 5 of
the Universal Declaration of Rights which censures the use of torture or cruel treatment as
punishment Dr Manfred Nowak the UN Special Rapporteur on Torture stated that ―he was
struck by the strictness of prison discipline and a palpable level of fear and self-censorship when
talking to detainees following his brief assessment of Chinese and Tibetan prisons in 200570
The committee will be looked upon to review ways in which the situation can be monitored more
carefully and what responses if any can be cultivated to impede similar future actions by
China
The continued violations of religious freedom and implementation of policies designed to
diminish religious practices by the State to serve its political needs is a cause of concern Again
referring to the Universal Declaration of Human Rights Article 18 reads ―Everyone has the right
to freedom ofhellipreligion this right includes freedomhellipto manifest his religion or belief in
teaching practice worship and observance71
The policies implemented by Chinese authorities
through use of coercion violent repression and imprisonment impinge upon the freedom of
Tibetans to practice their religion freely China has also strictly enforced re-education programs
for dissident factors within the state The program is aimed at ―combating separatism protecting
stability and promoting development and is intended to reform the political ideology of people
who refuse to accept state control of what they perceive as vital aspects of their religious lives
and beliefs The committee will be expected to deliberate upon the protection of religious
freedom and practices of individuals as well as the validity of these re-education programs in
light of human rights and liberties
Tibet is not the only region where political tensions surrounding autonomy run high The
Kosovo-Serbian conflict is pertinent to recall The Republic of Kosovo declared itself to be an
independent entity on February 17 2008 As of 11 October 2011 85 UN states recognize the
independence of Kosovo However Serbia maintains that Kosovo is a UN governed entity under
67
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 68
httpwwwfreetibetorgabouttorture 69
httpwwwfreetibetorgfilesfileaboutNowak20reportpdf 70
Ibid 71
httpwwwunorgendocumentsudhr
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 23: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/23.jpg)
UNHRC 19 of 44
its sovereignty Russia and China are among those who do not recognize the Republic while the
USA UK and France have recognized Kosovolsquos declaration of independence This highlights the
rift between the United Nations Security Council over the issue The case of Tibet is all the more
important in light of the fact that many such pockets exist in the world struggling for self-
determination
Media Links
httpwwwfreetibetorgnewsmedia2008-protests-summary
httpwwwguardiancoukworldgallery2008mar19tibetchinapicture=333178281ampindex=7
Chinarsquos Violation of Ethnic Minority Rights
One of the greatest blemishes on Chinalsquos human rights record is in the area of ethnic minorities
and the extent to which China protects ethnic minority rights On paper Chinalsquos policies are
based on ethnic equality and regional ethnic autonomy Ethnic minorities are supposed to be
benefitting from preferential policies in the political economic cultural and educational spheres
However the ground realities are infinitely different Questions have been raised over the extent
to which the government fairly provides services to these minorities and allocates resources
equally to them The Chinese government is seen to largely prefer its Han majority The
minorities claim they are exploited for their resources and in turn not even provided with the
same level of social services as the Han people China is an atheistic government and the fact
that many ethnicities garner their identity in major part from their religious affiliation leads to a
precarious situation The Mongols Tibetans and Uighurs all come to mind when discussing the
issue of China and ethnic minority rights
―Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind such as race colour sex language religion political or other opinion
national or social origin property birth or other status Furthermore no distinction shall be
made on the basis of the political jurisdictional or international status of the country or
territory to which a person belongs whether it be independent trust non-self-governing or
under any other limitation of sovereignty
- Article 2 Universal Declaration of Human Rights
The International Convention on the Elimination of Racial Discrimination defines racial
discrimination as any distinction exclusion restriction or preference based on race colour
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition enjoyment or exercise on an equal footing of human rights and fundamental
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 24: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/24.jpg)
UNHRC 20 of 44
freedoms in the political economic social cultural or any other field of public life72
It is due to
this that the international community has adopted the norm of subsuming ethnicity under the
terminology of race
―The Peoples Republic of China is a united multi-ethnic country So far 56 ethnic groups have
been identified and recognized by the central government The population of various ethnic
groups differs greatly While the Han ethnic group has the largest population and that of the
other 55 ethnic groups is relatively small so they are customarily referred to as ethnic
minoritieslsquo According to the fifth national census conducted in 2000 the population of all the
55 ethnic minority groups totaled 10449 million accounting for 841 percent of the total
population of China73
Chinas official 55 minorities are located primarily in the south west
and north of China Only Tibet and Xinjiang have a majority population of official minorities
while all other provinces municipalities and regions of China have a Han majority
One of Chinalsquos autonomous regions is the Xinjiang Uighur Autonomous Region (XUAR)
located in western China The area is vast accounting for one sixth of Chinalsquos land and houses
around 13 major ethnicities including the Uighurs who are a predominantly Muslim people with
origins in Central Asia The Uighurs have had strained ties with the state and have often resisted
Chinese authority74
In turn the Chinese government has reacted sometimes violently against
restless factions in the region One of the most passive aggressive forms of response on the part
of the Peoplelsquos Republic has been the encouragement of the migration of the Han people ndash
Chinalsquos ethnic majority ndash to the XUAR75
Around 90 of Xinjiangs population comprised of
Uighurs in 1949 now it is estimated that Uighurs make up only about 45 of the population76
The policies in Xinjiang are said to be designed to ―promote economic development not
demographic change In reality though the influx of migrants has amplified Uighur discontent
as Han and Uighurs compete over limited jobs and natural resources77
The United Stateslsquo
Congressional-Executive Commission on China reported that in 2006 the XPCC (Xinjiang
Production and Construction Core) reserved approximately 800 of 840 civil servant job openings
for Han Chinese78
One of the causes of the Han monopoly in the employment sector is the
linguistic advantage afforded to them and perpetuated by the education system As part of its
efforts to implicitly impose a unified culture the language policy was altered by the state with
an increased focus on use of Mandarin in schools at the expense of the local languages
Methods of education special to the ethnic peoples of the XUAR including the Muslim Uighurs
are suppressed For example a campaign by the PRC in 2001 targeted religious teachers and
72
httpwww2ohchrorgenglishlawcerdhtm 73
httpenglishgovcnofficial2005-0728content_18127htm 74
httpwwwcfrorgchinaeast-turkestan-islamic-movement-etimp9179 75
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p8 76
httpnewsbbccouk2hiasia-pacific3330803stm 77
httpwwwcfrorgchinauighurs-chinas-xinjiang-regionp16870p4 78
httpwwwcolumbiaeducunewsclips20080801UighursTWPOSTpdf
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 25: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/25.jpg)
UNHRC 21 of 44
endeavored to sever ties between mosques and groups involved in allegedly ―separatist
activities Around 8000 imams were required to undergo ―political reeducation in this regard
and become ―patriotic religious personalities Ethnic minorities are educated in ways that do not
allow them to learn their own languages or practice their own religion In 2001 for example a
Muslim girl was expelled from school for praying 79
Moreover in an attempt to further its socialist agenda and bind ethnic minorities together
minority cultural activities are often hindered In its place nationalistic values are given a
premium and integrated into society so as to tie the entire country in a unified Chinese foldlsquo
Resultantly an asymmetry with regards to the provision of services and protection of cultural
identity can be found in almost every ethnic minority region in the country The repression
against minorities has wider implications on the human rights situation for all This leads to
creation of a vindictive attitude among the minorities not only against the government but also
the Han majority
In July 2009 this attitude manifested itself in
the form of severe riots between the Han and
Uighur communities in Xinjianglsquos capital city
Urumqi Ethnic tensions elevated to the point
that police involvement was made necessary
According to Chinese state media at least 150
people were killed and more than 800 were
injured The riots were reportedly sparked by a
Uighur protest over the ethnically motivated
killing of two Uighur workers in the southern
province of Guangdong
On the topic of allegations of separatism it is interesting to note that post 911 it has been noted
that the Chinese government has used concerns about terrorism as a method for suppressing
ethnic activity This is possible through the characterization of certain ethnicities as having
fundamental leanings The Muslim Uighurs fell under fire for this very reason after the
September 2001 attacks
One of the ways that the Chinese government with its Han leanings has asserted its presence in
the region is through the smokescreen of the XPCC The Peoplelsquos Liberation Army and the
XPCC are present in the region per the government to ―consolidate border defense accelerate
79
wwwminorityrightsorgdownloadphpid=29 Page 30
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 26: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/26.jpg)
UNHRC 22 of 44
Xinjianglsquos development and reduce the economic burden on local governments and the local
people of all ethnic groups80
The heavy militarization of ethnic minority
regions also enables the Chinese government
to quickly respond to skirmishes between the
minorities and the Han For example clashes
between the Uighurs and the Han in the
XUAR are quickly clamped down upon The
response by Chinese authorities always
focuses on the minority groups in the region
The typical response includes a period of
strike hardlsquo security measures during which the minorities are subjected to police patrols of
crowded areas identity checks street searches increased criminal investigations and accelerated
trials The measures also include mandatory political indoctrination classes for the Uighur
population Swift Chinese response to ethnic dissidence precludes the possibility of trying
protestersrioters under due process This phenomenon also contributes to the controversy of
China and its policy of arbitrary imprisonment
Essential to any countrylsquos social progress is the protection and provision of the basic rights to all
its citizens For a country like China which has a significant standing in the international
community the degree to which human rights are upheld comes under added scrutiny Minorities
need to be guaranteed provision of not only fundamental rights but additional ones that grant
them equal opportunities
Recent Developments
3 November 2010 UN Secretary General pushes China on human rights
Ban Ki-moon the United Nations secretary general has called on China to respect human rights
after critics accused him of dodging the issue on a trip to Beijing The UN secretary general met
Hu Jintao the Chinese president but failed to challenge Mr Hu on the imprisonment of Liu
Xiaobo the democracy activist who was awarded this years Nobel Peace prize and raise the
issue of human rights81
80
httpwwwchinaorgcne-white200305269htm 81
httpwwwtelegraphcouknewsworldnewsasiachina8107148UN-Secretary-General-pushes-China-on-human-
rightshtml
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 27: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/27.jpg)
UNHRC 23 of 44
5 November 2011 Yeqing Ji from Shanghai China will most likely not be able to have children
after she said two forced abortions physically impaired her uterus82
8 September 2011 The Chinese government has renewed Googlelsquos license to allow it to
continue operating its local website in the country83
13 November 2011 Seven months ago
Chinese police detained the countrylsquos most prominent artist Ai Weiwei at the airport and drove
him to a hidden location It was the beginning of what is to be a two-and-a-half month nightmare
for the architect and sculptor who is also a former darling of the Communist Party who later
turned into an outspoken government critic Ai was held on vague charges of economic crimes
was kept in isolation and subjected to Kafka-esque interrogations84
April 19 2011 Amnesty International a 21-year-old monk Phuntsog set himself on fire in an
apparent anti-government protest in March 2011 Instead of putting out the flames Chinese
police beat the young monk creating huge resentment in the monastery85
At least 11 ethnic
Tibetans have been detained for protesting against the event and against government policies
They are at risk of torture and other ill-treatment86
29 May 2011 300 Tibetan monks detained in Kirti monastery by Chinese security forces87
15 September 2011 Chinese Uighurs economic fears
Amid ethnic tensions minority regards modernization plans in Xinjiang as favoring Han Chinese
migrants88
20 November 2011 Another of Chinalsquos minorities the Hui Muslims in Ningxia do not feel
stigmatized
―There is an important reason why Hui and Han Chinese get along with each other Unlike
Muslims of the other ethnic minorities like Uighur Kazakh Kyrgyz and Tajik the Hui Muslims
speak Mandarin just like the Hans89
82
httpabcnewsgocomBusinesswoman-china-forced-abortions-leaves-unable-
childrenstoryid=14880884Tsia7LIk6so 83
httpwwwbbccouknewsbusiness-14832392 84
httpwwwthedailybeastcomnewsweek20111113ai-weiwei-speaks-out-on-his-detentionhtml 85
httphradvorgaggregatorsources10 86
httpwwwamnestyorgenlibraryassetASA170212011end75f7611-be66-4d5a-9391-
c80c43501d56asa170212011enhtml 87
httphumanrightshouseorgArticles16503html 88
httpwwwaljazeeracomvideoasia20110920119158016969449html 89
httpwwwtodayszamancomnews-263322-chinas-hui-muslims-do-not-feel-stigmatizedhtml
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 28: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/28.jpg)
UNHRC 24 of 44
Conclusion
The United Nations Human Rights Council at LUMUN 2012 will be looked upon to provide a
framework for the resolution of these issues in a universal context The scope of the issues
should be expanded and applied to countries other than China The committee will have to make
recommendations which have universal application and resolve all aspects of the issue
comprehensively For any queries related to the study guide please do contact either (or both)
the committee directors at the given addresses
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 29: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/29.jpg)
UNHRC 25 of 44
Topic Area B Abolishing the Death Penalty
Introduction to the Topic Area
The death penalty is formally defined as the execution of an offender sentenced to death after
conviction by a court of law of a criminal offenselsquo90
The concept of a capital crime is subjective
and states have made use of this practice in response to multiple forms of crime The use of the
death penalty has produced much controversy with regard to its apparent violation of
fundamental human rights as delineated in the Universal Declaration of Human Rights and
subsequent human rights charters and treaties It is asserted that the use of death penalty is in
contravention to the peopleslsquo right to life promised to every individual under Article 3 of the
Declaration91
Moreover Article 2 of the Charter of Fundamental Rights of the European Union
lucidly bars the imposition of death penalty as a form of punishment92
Arguments against the
use of death penalty are also made on the grounds of inhumane methods which are employed to
see out the process Historically multiple methods have been used which include death by
hanging severing of the head lethal injection shooting and electrocution93
94
As a response states have made keen efforts to abolish
the death penalty particularly in the last two decades as
can be interpreted from the graph on the right which
represents the number of states that have abolished the
death penalty Countries belonging to the European
region with the exclusion of Russia and Belarus have
sought to revoke the use of the practice The death
penalty is most commonly seen to be a formal practice
in most of the developing countries The trend is
apparent in Latin America Africa and Asia
96 countries have formally abandoned the use of death penalty 58 countries allow the use95
Other states have abolished the penalty in practice but the laws remain in place for the
imposition of the penalty as a response to certain crimes The imposition of the death penalty has
90
httpwwwbritannicacomEBcheckedtopic93902capital-punishment 91
httpwwwunorgendocumentsudhr 92
httpwwweuroparleuropaeucharterpdftext_enpdf 93
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffle
re-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 94
httpwwwdeathpenaltyinfoorgmethods-execution 95
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf
Figure 1 (Drag to enlarge)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 30: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/30.jpg)
UNHRC 26 of 44
seen a decline over the recent years with a fall in the number of executions that take place
annually It would however be incorrect to assume that the practice is not prevalent or widely in
effect Amnesty International reported that at least 2024 new death sentences were imposed in 67
countries in 2010 Moreover there were at least 17833 people sentenced to death worldwide at
the end of 201096
Again these are minimum figures which are the safest that can be inferred
from the given research There were 527 known executions carried out in 2010 globally97
This
figure however does not include the number of executions that took place in China where
analysts believe that more than a thousand people were put to death in the past year
The statistics represent the number of people executed through capital punishment One way to
formally define capital punishment is to regard it as the state sanctioned killing of an individual
through a judicial process as a punishment for a crime (defined as a capital crime by the state)98
Capital punishment is the most obvious and prevalent manifestation of the death penalty It is
often perceived as a statelsquos right in order to preserve law and order against any individual who
engages in serious crimes that threaten other individuals or the state Those who advocate against
the use of capital punishment label it as a symptom of a culture of violence not a solution to
itlsquo99
The controversy surrounding the topic is based on the legal ethical and moral acceptability
of the statelsquos right to an individuallsquos life The debate entails several social and economic factors
some of which will be reviewed in closer detail in the relevant section of this guide
One of the most striking aspects related to the issue is the imposition of the capital punishment
on juveniles The sentencing of juveniles to death is in clear breach of international law The
morality and validity of such a practice is often called into question and has been put under
relentless scrutiny despite all of which the practice is still carried out in a number of countries
Historically the United States China and Iran have the worst records relating to juvenile death
sentences100
The study guide also includes a separate section for the case of juveniles in which
the legal and social aspects of the problems are detailed
As stated states have made use of the death penalty to punish crimes of varying natures The use
of the death penalty is reserved for only the most seriouslsquo crimes as put forth in international
law101
The notion of a capital crime however is a subjective one states that have doled out
death sentences have defined it differently In certain countries the death penalty is only used to
charge criminals accused of war crimes In other countries the penalty is reserved for crimes like
96
httpwwwamnestyorgenlibraryassetACT500012011enea1b6b25-a62a-4074-927d-
ba51e88df2e9act500012011enpdf 97
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010 98
httpusersrcncommwooddeathpenhtml 99
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 100
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 101
httpwwwunorgdocumentsecosocdocs1995e1995-78htm
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 31: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/31.jpg)
UNHRC 27 of 44
murder rape or even robbery States also use the death penalty against individuals who are guilty
of treason The issue however is that many states practicing the death penalty impose the
punishment even when the crimes do not meet the threshold for the aforementioned most
seriouslsquo crimes The ability of states to define what constitutes as a capital crime has led to states
abusing their powers as has been observed in the sentences ordained by military courts
Moreover even the radicals who make the argument of the punishment fitting the crime agree
that in many instances individuals have been executed for softlsquo crimes crimes that were
certainly not tantamount to charges of murder or crimes against humanity The issue of apparent
violations of human rights is further exacerbated in these instances The study guide will discuss
the universal crimes that have resulted in the awarding of the death penalty and examine the
issue further The committee will be expected to discuss the feasibility of drawing up an
international definition of crimes which in isolated instances perhaps may be appropriate for a
sentence like the death penalty
Another pertinent aspect surrounding the debate is that of extrajudicial killings The execution of
a person by state authorities without the authority of a judicial proceeding is termed as an
extrajudicial killing Many states have used extrajudicial killings to establish their authority and
order without having to wade through the legal process By doing so they have deprived scores
of people of their fundamental right to free and fair trials Governments have also employed this
tactic to exercise political aggression and to suppress dissent A particular point of concern is the
fact that some states have made use of these killings even when they have officially revoked the
imposition of the death penalty Extrajudicial killings are carried out persistently in many
countries ndash the list includes countries like Iran Iraq Israel Philippines102
Most recently the
killing of Anwar al-Awlaki and Samir Khan in Yemen by a sanctioned National Security Council
move by the USA was an example of states embarking on such paths to eliminate threats to
national securitylsquo103
102
Multiple citations for each country can be found in the second paragraph article titled Extrajudicial killinglsquo on
Wikipedia 103
httpwwwtelegraphcouknewsworldnewsbarackobama7564581Barack-Obama-orders-killing-of-US-cleric-
Anwar-al-Awlakihtml
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 32: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/32.jpg)
UNHRC 28 of 44
Wrongful convictions lead many to believe in the inherent incapacity of the death penalty to
serve justice On September 21 2011 US citizen Troy Davis was executed in Georgia after
which seven of the nine witnesses who testified against him in the case that led to his execution
recounted or retracted their evidences A petition with nearly one million signatures was put
forth to reconsider his case it was rejected On the same day a 17 year old boy was publicly
hanged in Iran for killing a popular athlete his justification based on self-defense was ignored
Also on the same day a Pakistani national was executed in China on grounds of drug trafficking
an offence that does not often result in capital punishment The need for the resolution of this
issue is pressing and the committee needs to deal with all aspects of the problem in a
comprehensive and enduring manner104
Capital Punishment
In 2010 23 countries implemented capital punishment A total of 527 executions (plus the 1000+
carried out in China alone) were known to have taken place with Iran Yemen USA and North
Korea meting out a significant number of sentences105
The figure is lower than the records
computed for years past There are more states which are now abolitionist either in law or in
practice with regard to the imposition of the punishment Gabon was officially the last country
to rescind the practice while bills calling for an end to capital punishment have been presented
to parliaments in Lebanon Mali Mongolia and South Korea106
Renewed efforts are
104
httpwwwamnestyorgennews-and-updatesus-executes-death-row-prisoner-troy-davis-2011-09-21 105
httpwwwguardiancouknewsdatablog2011mar29death-penalty-countries-world 106
httpwwwamnestyusaorgour-workissuesdeath-penaltyinternational-death-penaltydeath-penalty-statistics-
2010
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 33: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/33.jpg)
UNHRC 29 of 44
simultaneously being made on the international front to implement laws against capital
punishment A third resolution establishing a moratorium on the use of death penalty passed the
UN General Assembly on December 21 2010107
Despite the increasing momentum towards an eventual elimination of the practice the number of
executions taking place annually is a cause of major concern Advocates of the death penalty
assert that the practice is an effective means of deterring crime in society Public executions are
often held in Iran Afghanistan and Palestine for example to demonstrate the fate awaiting
those who commit similar crimes108
Arguments are made on the grounds of justice that it is
proper and fair to take an eye for an eye and a life for a life and that some individuals deserve
it for the crimes they commit
Those opposing the practice question the morality of an action sanctioned by the state which
endorses deprivation of the right to life a fundamental human right under the Universal
Declaration of Human Rights109
There are inescapable flaws within legal systems which are
aggravated by discrimination prosecutorial misconduct and inadequate legal representation
Moreover the risk of executing the innocent can never be eliminated110
An alternative is
presented in the form of imprisonment for life without parole which results in a parallel debate
is imprisonment for life a viable surrogate to the practice of death penalty A thread from this
debate also relates to the economic feasibility of carrying out a death sentence as opposed to the
feasibility of imprisonment for life
Deterrence
Capital punishment is often propagated as an adequate approach in the deterrence and prevention
of crime The logic is that if murderers are sentenced to death potential murderers will think
twice before killing for fear of losing their own life The deterrence theory presumes that the
once the punishment for a certain crime is established the criminal by committing the crime
voluntarily assumes the risk of receiving the prescribed punishment for the crime Only when the
most severe punishment has been set will there be a possibility of an individual evaluating their
actions in light of the consequences111
107
httpwwwundemocracycomA-RES-62-149pdf 108
httpwwwamnestyorgennews-and-updatessharp-rise-public-executions-iran-executes-first-juvenile-
offenders-2011-2011-04-27 109
wwwunorgendocumentsudhr 110
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml 111
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 34: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/34.jpg)
UNHRC 30 of 44
The death penalty it is asserted ensures that convicted criminals do not offend again moreover
it is deemed to be a just penalty for atrocious crimes It is further alleged that many criminals
who are set free even after lengthy sentences regress and go on to commit heinous crimes
Therefore there should never be the possibility of a release clause112
The deterrence theory is modeled on the grounds of human psychology logic and rationale As a
professor of jurisprudence Ernest van den Haag PhD wrote ―Common sense lately bolstered
by statistics tells us that the death penalty will deter murder if anything can People fear nothing
more than death Therefore nothing will deter a criminal more than the fear of death These
statements were further validated by a US Supreme Court Justice who said on record that
Prima facie the penalty of death is likely to have a stronger effect as a deterrent to normal
human beings than any other form of punishmentlsquo113
Numerous studies have been conducted on
the subject with varying results One of the most established studies was conducted in USA
using a panel data set of over 3000 counties from 1977 to 1996 which concluded that on
average one death sentence resulted in 18 fewer murders114
Delegates will be expected to be
familiar with other similar studies
These studies are commonly refuted as not crediblelsquo by opponents of the capital punishment
who also deny the correlation between crime and death penalty as a fabricated relationship which
cannot be empirically established115116
A study of the relationship between capital punishment
and the incidence of murder was conducted for the UN in 1988 and updated in 2002 The
conclusion was ―The investigation has not provided scientific proof that executions have more
deterrent effect than life imprisonment It is unlikely that such evidence will ever come
Deterrence hypothesis finds no support in the survey117
Another counter-argument asserts that crime is still a persistent feature of the societies that
continue to award the death penalty while many of the abolitionist states enjoy low crime rates
This can be evidenced by comparing the crime rate in USA or Pakistan with that of Canada or
some European state In Canada for example the homicide rate per 100000 fell from a peak of
309 in 1975 the year before the abolition of the death penalty for murder to 241 in 1980 and
in 2003 27 years after abolition the homicide rate was 173 per 100000 44 per cent lower than
in 1975118
112
httpwwwdeathpenaltyinfoorgfacts-about-deterrence-and-death-penalty 113
httpdeathpenaltyproconorgviewresourcephpresourceID=002000 114
httpdeathpenaltyproconorgsourcefilesThe20Deterrent20Effect20of20Capital20Punishmentpdf ndash
Delegates should carefully examine certain parts of this document to establish the credibility of the assertions made
They should also invest in trying to locate studies that refute the assertions made in this and similar studies 115
httpwwwdeathpenaltyinfoorglaw-enforcement-views-deterrencelawenforcement 116
httpwwwdeathpenaltyinfoorgDonohueDeterpdf 117
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 118
httpwwwamnestyorgenlibraryassetACT500102007enf45ed09c-d3a2-11dd-a329-
2f46302a8cc6act500102007enhtml
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 35: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/35.jpg)
UNHRC 31 of 44
The lack of evidence on the production of a unique deterrent effect points to the danger of
relying on the deterrence hypothesis as a basis for public policy on the death penalty
Retribution amp Morality
An important terminology that delegates need to familiarize themselves with is that of
―retributivism119
It is defined as ―a policy of criminal justice that sponsors the punishment of
criminals in retribution for the harm they have inflicted120
Criminals deserve to be punished in
proportion to the gravity of their crime regardless of whether the victim or anyone else desires
it we may all deeply regret having to carry out the punishment but consider it warrantedlsquo is
what many say in defense of the theory121
The need for the establishment of a visibly just state arises from the potential risks of not having
one As has been visible in many developing countries with shaky legal systems when criminals
are not adequately punished for their unlawful behavior the public takes the law into its own
hands and deals out vigilante justice It is asserted that retributivism is essential for a functioning
society where individuals respect the supremacy of law
The concept of retribution in society is also grounded in religious beliefs The concept of an eye
for an eye has been a part of all three Abrahamic traditions However in the modern world it is
Islamic nations that still retain the practice based on these grounds Similar traditions can be
found in Hinduism Christianity and Buddhism as well as other religions in different parts of the
world In many non-secular countries the constitutions and state laws are derived from religious
doctrines
Opponents dismiss this aspect of the argument as being emotionally charged with little rational
logic to support the contention They claim that the establishment of capital punishment gives
birth to a culture of violence endorsed by the state It perpetuates the cycle of aggression and
brutality something which the state should be actively inhibiting not endorsing
Wrongful Convictions
The death penalty carries with it the danger of wrongfully convicting an innocent person for
crimes he did not commit There is the potential for capital punishment to evolve into sheer
miscarriage of justice as in certain circumstances states are often seen to rush the trials and
convict the accused hastily This practice takes foremost apparently in military courts often in
119
Cavadino M amp Dignan J (1997) The Penal System An Introduction (2nd ed) p 39 London Sage 120
httpdictionaryreferencecombrowseretributivism 121
httpdeathpenaltycurriculumorgstudentcaboutargumentsargumentsPDF
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 36: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/36.jpg)
UNHRC 32 of 44
the developing or lesser-developed countries where the system of law is not properly established
It is not however exclusive to these countries Examples can be drawn from countries like
Philippines Thailand Iran and Palestine to name just a few where executions are carried out at
alarming pace removing the possibility of reviews
On 15 August 2004 Atefah Rajabi Sahaaleh was hanged in a public square in the Iranian city of
Neka Her death sentence was imposed for adultery and crimes against chastity122123
Atefah
was executed a week after the trial was run Following the execution the Judge for the case was
arrested for investigation by the Intelligence Ministry The media reported that in addition to the
confession of his rape of Atefeh Judge Rezai who served as judge jury and executioner also
confessed to torturing her during interrogations to extract names of others she had relations with
No transcripts from court proceedings were recorded The State alleged that Atefah was 22 at the
time of her execution A witness later claimed The judge just looked at her body because of
the developed physique and declared her as 22124
ndash her birth certificate revealed she was born
in 1988 Furthermore Atefah did not have access to a proper defense where she could contest
charges leveled against her This is one example of many such cases of miscarriage of justice
Something that recurs in these cases is the failure of the police or prosecuting authorities to
prevent the use of unreliable witnesses the misuse of evidence or confessions and the provision
of inadequate defense representation The advent of DNA profiling and the use of it as positive
evidence in criminal cases has resulted in the exoneration of multiple death row inmates on
grounds of forensic evidence or lack thereof Since 1973 138 people have been released from
death row in the United States after it was proven that they were innocent125
In 2009 Paul
House was cleared of murder and exonerated in Tennessee USA after having served 22 years
on death row His innocence was proclaimed in light of substantial additional DNA testing and
further investigationlsquo 126
Amnesty International has noted examples of wrongful convictions from elsewhere as well
including Jamaica Japan China Nigeria and Tanzania127
Paul G Cassell a former law clerk to
the Chief Justice of USA stated the mistaken release of guilty murderers should be of far greater
concern than the speculative and heretofore nonexistent risk of the mistaken execution of an
innocent personlsquo highlighting the case made by those who advocate the death penalty even in
light of wrongful convictions128
122
httpwwwcosmolearningcomdocumentariesexecution-of-a-teenage-girl1 123
httpnewsbbccouk2hi5217424stm 124
httpnewsbbccouk2hi5217424stm 125
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 126
httparticlescnncom2009-05-13justicetennesseeexonerated_1_death-row-inmate-dna-evidence-house-
arrest_s=PMCRIME 127
httptranslategooglenotranslatehl=noampsl=noamptl=enampu=http3A2F2Fwwwamnestyno2Faktuelt2Ffl
ere-nyheter2Farkiv-bakgrunn2Fopplysninger-om-d25C325B8dsstraff 128
httpdeathpenaltycurriculumorgstudentcaboutargumentstestimony3bhtm
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 37: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/37.jpg)
UNHRC 33 of 44
Alternative to Death Penalty
All abolitionist states have reverted to the practice of sentencing criminals to life imprisonment
(some without parole) which is also termed as death by incarceration Widely regarded as a more
humane course of action life imprisonment is also alleged to be a more economical practice
While ensuring public safety by keeping criminals away from society this system also saves the
lives of innocent people who have been falsely or wrongfully convicted The setup inhibits and
curbs the cycle of violence while retaining the deterrence factor it is strongly asserted
Advocates for the death penalty are averse towards life imprisonment for a number of reasons
They cite the unreliability of the system as one of the flaws which impedes the possibility of
such a sentence being successful A certain James Moore serves as a valid example in this case
In 1962 James Moore raped and strangled 14-year-old Pamela Moss The victimlsquos parents opted
out of capital punishment for Moore and he was instead sentenced to life in prison without
parole Twenty years later a change in sentencing laws in 1982 renders James Moore eligible for
parole every two years129130
Kenneth McDuff is another example McDuff was convicted and sentenced to life imprisonment
Years later due to the issue of overcrowding in prisons McDuff was released following which
he killed eight more people McDufflsquos example is of an individual from a developed country
with an established legal system in place131
Overcrowding is a feature of prisons in developing
or lesser developed countries In many such states criminals have also been known to easily
break out from penitentiaries
The economic aspect of the debate is murky at best There is a lack of empirical data on the
subject which is why the arguments of both these sides cannot be settled beyond doubt
Advocates of capital punishment insist that the overall costs of the practice are far lesser than the
costs of housing an inmate for a lifetime132
They also suggest that the life imprisonment allows
criminals to conceive new habeas corpus petitions which on legal grounds cannot be rejected
automatically resulting in more trials
On the other hand substantial arguments are made which stress that the cost of legal proceedings
in capital cases is in truth more than that of other cases States and nations spend a significant
portion of the taxpayerlsquos money in meting out such punishments133
Delegates when addressing
this portion of the debate will need to be aware of the financial aspects of the issue as it forms
for many states an important part of whether capital punishment should be revoked or
not
129
httpwesleylowecomcphtmldeter 130
httpwwwnytimescomkeywordparole 131
httpwesleylowecomcphtmldeter 132
Ibid ndash view section titled Capital Punishment and its costslsquo 133
httpwwwamnestyusaorgour-workissuesdeath-penaltyus-death-penalty-factsdeath-penalty-cost
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 38: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/38.jpg)
UNHRC 34 of 44
Imposition of Death Penalty on Juveniles
The prohibition on the death penalty for crimes committed by juvenile offendersmdashpersons under
age 18 at the time of the offensemdashis well established in international law specifically in the
Convention on the Rights of Child
ldquoNo child shall be subjected to torture or other cruel inhuman or degrading treatment or
punishment Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of agerdquo134
- Article 37(a) Convention on the Rights of Child
ldquoSentence of death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant womenrdquo135
- Article 6(5) International Covenant on Civil and Political Rights
The treaties are a unanimously agreed set of non-negotiable standards and obligations By
acceding to the treaties and ratifying them governments commit to protecting and ensuring
childrens rights and to holding themselves accountable for this commitment before the
international community
Even though the practice of capital punishment on juveniles is relatively rare however in clear
contravention of international law nine countries have executed offenders who were juveniles at
the time of their crimes between 1990 and 2005136
These countries include the Peoples Republic
of China (PRC) the Democratic Republic of the Congo Iran Nigeria Pakistan Saudi Arabia
Sudan the United States and Yemen137
The USA has since moved to implement a ban on capital
punishment for juveniles However in most other countries of the preceding list the practice is
still enshrined in the judicial system Iranlsquos record in particular has been abominable over the last
decade It has carried out 39 executions of persons under the age of 18 since 2005 Presently
over a hundred individuals are placed on death row for crimes committed as juveniles The
executions of Mahmoud Asgari Ayaz Marhoni and Makwan Moloudzadeh became international
symbols of Irans child capital punishment and the judicial system that hands down such
134
httpwww2ohchrorgenglishlawcrchtm 135
httpwww2ohchrorgenglishlawccprhtm 136
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf - This document by the Human Rights Watch
called The Last Holdoutslsquo is a good summary of juvenile executions and should be reviewed 137
httpwwwamnestyorgendeath-penaltyexecutions-of-child-offenders-since-1990 - Contains a list with
statistics and details of countries which have allowed the imposition of death sentence to juveniles
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 39: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/39.jpg)
UNHRC 35 of 44
sentences138139140
Saudi Arabia and China too have questionable records that need to be
scrutinized further
While regional treaties and charters usually substantiate international law the Arab Human
Rights Charter of 2004 is unique among regional and international treaties in that the ban on the
juvenile death penalty in it is not absolute but merely optional141
Furthermore national laws in states that observe such a practice are in violation of
international legally-binding charters In Iran and Saudi Arabia laws usually treat a child the
same way as an adult criminal offender would be treated Article 10(3) of the International
Covenant on Civil and Political Rights emphasizes the need for demarcation between the
handling of children and that of adults in stating ―Juvenile offenders shall be segregated from
adults and be accorded treatment appropriate to their age and legal status142
The definition of a child in these Muslim states is unclear as adulthood is associated with
attainment of puberty which is a relative concept The Committee on the Rights of the Child in
January 2005 censured the Saudi government for its practice of imposing the death penalty on
juveniles terming it a serious violation of the fundamental rights The committee was deeply
alarmed over the discretionary power judges hold to treat juveniles as adults as was stated in
the committeelsquos report Iran too was strongly condemned following the release of an
international report highlighting the dire situation in Iran by the International for Human Rights 143
138
httpwwwfoxnewscomstory0293329798200html 139
httpnewsbbccouk2himiddle_east7130380stm 140
httpenwikipediaorgwikiCapital_punishmentIran 141
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 142
httpwww2ohchrorgenglishlawccprhtm 143
httpwwwfidhorgIMGpdfRapport_Iran_finalpdf
UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
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UNHRC 36 of 44
On August 19 2008 Iranian authorities executed Seyyed Reza Hejazi at Isfahan Central Prison
for his role in a murder committed in 2003 when he was 15 Hejazi was tried as an adult by
Branch 106 of the Isfahan General Court even if he did not qualify as one under international
stipulations and sentenced to death on November 14 2005144
In Saudi Arabia Mu`id bin
Husayn bin Abu al-Qasim bin `Ali Hakami was executed on July 10 2007 for a murder he
allegedly committed three years earlier when he was 13 years old145
The judges in these states
because of the implementation of the Sharialsquo law have a large amount of discretion with regard
to their rulings This discretion is often abused in the interrogation and judicial proceedings In
Pakistan authorities hanged Mutaber Khan in Peshawar Central Prison on June 13 2006 on
charges of murder of five people The fact that he was held in the juvenile wing of Peshawar
Central prison and the evidence presented by the accused confirming that his age was below 18
at the time of the killings were not taken into account during the trials and Mutaber was charged
as an adult in the case146
While the above does not cover exhaustively the practice of capitally punishing juveniles the
committee is expected to be well read on the matter The committee will be required to devise
ways to strictly apply the existing international law on the subject to curtail further deaths of
juveniles by states A series of recommendations on better implementation of international
covenants will be expected from the committee Delegates at UNHRC will also have to
familiarize themselves with the stipulations in the national laws of countries practicing juvenile
death penalties (Iran Saudi Arabia Pakistan Nigeria Sudan Yemen and UAE among others) to
discuss how these states are constitutionally able to bend international law and mete out the
illegal punishments
144
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 145
httpwwwhrworgsitesdefaultfilesreportscrd0908web_0pdf 146
See FIDH and Human Rights Commission of Pakistan ―Slow march to the gallows and ―Condemned Prisoner
Executed Dawn Newspaper Karachi June 14 2005 httpwwwdawncom20060614nat16htm
UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
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UNHRC 37 of 44
Universality of Laws Incurring the Death Penalty
In countries which have not abolished the death penalty capital punishment may be imposed
only for the most serious crimes it being understood that their scope should not go beyond
intentional crimes with lethal or other extremely grave consequences
- Safeguards guaranteeing protection of the rights of those facing the death penalty147
Laws incurring the death penalty or capital crimes have certain uniformity the world over This
is of course barring states that are religiously affiliated and whose law systems are not secular
in nature The list of capital crimes for those states with non-secular legal systems is slightly
different The Human Rights Commission had decided that the imposition in the State party of
the death penalty for offences which cannot be characterized as the most serious including
apostasy committing a third homosexual act illicit sex embezzlement by officials and theft by
force are incompatible with Article 6 of the Covenant Economic offences including
embezzlement drug related offences political offences and robbery were also referred to148
The reason why looking into capital crimes and trying to garner a global impression of them is
important is that the death penalty can only realistically be abolished in a piecemeal way This
process will entail shortening the list of capital crimes The UN formally notes that ―in order
fully to guarantee the right to life provided for in article 3 of the Universal Declaration of
Human Rights the main objective to be pursued is that of progressively restricting the number of
offences for which capital punishment may be imposed with a view to the desirability of
abolishing this punishment in all countries149
The first established death penalty laws date as far back as the Eighteenth Century BC in the
Code of King Hammaurabi of Babylon which codified the death penalty for 25 different crimes
By the 1700s 222 crimes were punishable by death in Britain including stealing cutting down a
tree and robbing a rabbit warren In the 19th
century the death penalty was eliminated for over
100 of the 222 crimes punishable by death 150
In modern times the UN Special Rapporteur on
extrajudicial summary or arbitrary executions has stated that the death penalty should be
eliminated for economic crimes and drug-related offences and that the restrictions to its use
―exclude the possibility of death sentences for so-called victimless offences ndash including acts of
treason espionage and other vaguely defined acts usually described as crimes against the Statelsquo
or disloyaltylsquo and ―actions primarily related to prevailing moral values such as adultery and
prostitution as well as matters of sexual orientation151
147
httpwww2ohchrorgenglishlawpdfprotectionpdf 148
httpwwwunhchrchtbsdocnsf0bc310a747155dff88025655300537faeOpendocument 149
General Assembly resolution 2857 httpwwwunodcorgpdfcompendiumcompendium_2006_part_01_05pdf 150
httpdeathpenaltycurriculumorgstudentcabouthistoryhistoryPDF 151
httpswwwabofimedia24259report10pdf
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 42: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/42.jpg)
UNHRC 38 of 44
Contrary to the made recommendations even political dissent warrants a death sentence in
several countries most notably in China and Iran In 2010 nearly 20 Kurdish people were
executed for political offences in Iran The country is known for keeping dissent especially from
the Kurds suppressed Most are executed on the grounds of moharebeh or enmity against God
Moreover challenging the power of the Ayatollah is also punishable by death These charges are
neither explicit nor in line with international guidelines over what crimes are punishable
capitally In Iran judges must handle such cases carefully as Iranian law provides for only one
punishment if an individual is found to be guilty of treason Libya too thwarts political dissent
with firm laws in place for punishing by death those who illegally form groups organizations or
associations against the state152
Saudi Arabia too is worth note for its vaguely phrased laws governing capital punishment
Intentional murder and crimes that spread ―mischief in the land (Fasad fil-ardh) merit death In
2010 the government announced that it had executed 26 people all by beheading Crimes that
―spread mischief include witchcraft and sorcery153
How is one convicted of witchcraft in the
21st century What can the international community do when regarding countries such as these
Treason arguably along with murder is the capital crime that has yet to be phased out by many
countries In some such as Brazil treason during warfare is the only crime for which a person
can be sentenced to death In the Gaza Strip under Hamas any sort of cooperation with Israeli
forces during military actions is also punishable by death In others including Algeria Bahrain
Iran and Malaysia treason is punishable by death in all circumstances The United States too has
federal laws governing treason under which traitors ―shall suffer death154
Child sex abuse is another crime that is widely held to merit the death penalty In Russia for
example according to the Russian Public Opinion Research Center an overwhelming majority
consider the death penalty to be an acceptable punishment especially in relation to molestation
155 In 2009 however Russias Constitutional Court effectively abolished the death penalty by
extending indefinitely a 13-year-old moratorium on capital punishment156
Indonesia has some of the strictest penalties for drug related crimes in the world Roughly half of
those on death row are incriminated with drug-related charges157
In 2008 though the most high
profile executions were of terrorists Three of those found responsible for the 2002 Bali
bombings were executed by shooting158
Generally speaking however a significant proportion of
152
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 153
httpwwwstategovgdrlrlshrrpt2010nea154472htm 154
httpdeathpenaltyproconorgviewresourcephpresourceID=1172 155
httpenrianrutrenddeath_penalty 156
httpwwwreuterscomarticle20091119idUSLJ330478 157
httpwwwnytimescom20080711worldasia11iht-indo114421132html 158
httpnewsbbccouk2hiasia-pacific7718246stm
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 43: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/43.jpg)
UNHRC 39 of 44
the executions or death sentences recorded (in 2010) in China Egypt Indonesia Iran Laos
Libya Thailand United Arab Emirates and Yemen were for drug-related offences In December
2010 the amended Anti-Narcotics law came into force in Iran extending the scope of the death
penalty to include additional categories of illegal drugs (for example crystal meth) possession
of which became punishable by death Also around the same time the National Assembly of
Gambia voted to extend the scope of the death penalty by making the possession of more than
250g of heroin or cocaine an offence punishable by death159
Several states allow for the death penalty for crimes of blasphemy and other crimes for
nonviolent expression and association In Pakistan Aasia Bibi a Christian mother of five was
charged with blasphemy and sentenced to death after a trial largely believed to be unfair on 8
November 2010 She is currently on death row The country is also noted for its laws concerning
capital crimes The list includes 27 crimes most of which go beyond the notion of ―most serious
crimes as recommended by the International Covenant on Civil and Political Rights Extra-
marital sex and blasphemy are examples of some capital crimes in the country In December
2007 Pakistan voted against a United Nation General Assembly resolution for a moratorium on
the death penalty The year before however the nation amended its law on rape and adultery
charges which are no longer punishable by death160
As far back as 1989 recommendations have been made as to how to abolish the death penalty
Member states (of the UN) have been urged ―to publish for each category of offence for which
the death penalty is authorized and if possible on an annual basis information about the use of
the death penalty including the number of persons sentenced to death the number of executions
actually carried out the number of persons under sentence of death the number of death
sentences reversed or commuted on appeal and the number of instances in which clemency has
been granted and to include information on the extent to which the safeguards referred to above
are incorporated in national law161
The committee must inspect how far this recommendation
has been adopted and should seek to rectify the weaknesses in the system of gradually
abolishing the death penalty Can a target year be designated by which crimes meriting the death
penalty could be made universal How can countries with non-secular legal systems be brought
into the fold of international law
159
httpwwwamnestyorgennews-and-updatesreportdeath-penalty-2010-executing-countries-left-isolated-after-
decade-progress 160
httpwwwfiacatorgenIMGpdfdppakistan-enpdf 161
httpgraduateinstitutechfacultyclaphamhrdocdocsecosocresolutiondeathpen1989html
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 44: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/44.jpg)
UNHRC 40 of 44
Extrajudicial Killings
Extrajudicial killings are as the name indicates carried out in contravention to established legal
procedures The practice is often employed by states and regimes to execute dissidents From the
point of view of the international community extrajudicial killings are all the more troubling
given that firstly the death penalty is far from an ideal punishment and that secondly all death
sentences which have to be imposed must be handed out through due processes in order for them
to be just and deserved Furthermore it is often the case that one arm of the government is
responsible for killings that are not strictly judicial while the other arm is forced to look on
Within the framework of a general discussion on human rights the subject of arbitrary
executions has often been discussed in the United Nations In 1992 the Commission on Human
Rights extended the existing Special Rapporteurlsquos mandate and a post for the Special Rapporteur
on extrajudicial summary or arbitrary executions was created This guaranteed an approach that
included all violations of the right to life as guaranteed by a large number of international human
rights instruments The mandate of the Special Rapporteur covers all countries irrespective of
whether a State has ratified relevant international Conventions162
In countries which have not abolished the death penalty sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of
the crime and not contrary to the provisions of the present Covenant and to the Convention on
the Prevention and Punishment of the Crime of Genocide This penalty can only be carried out
pursuant to a final judgment rendered by a competent court
- Article 6(2) International Covenant on Civil and Political Rights
While it is still the case that international law does not prohibit the application of the death
penalty however given the fundamental nature of the right to life the circumstances in which
the death penalty may lawfully be applied are strictly circumscribed Executions carried out in
violation of those limits are unlawful killings The death penalty is only ―lawful when imposed
after a trial conducted fairly involving an independent judiciary the provision of competent
counsel and a right to appeal among other things International law has it that when governments
are in a state of turmoil and cannot guarantee such trials they should suspend their executions
Also to be noted is the fact that states that impose the death penalty must provide transparency in
relation to the specifics of the processes and procedures under which it is imposed 163
What often occurs in states where extrajudicial killings take place is that for various reasons
those responsible are rarely taken to task This lack of accountability perpetuates the culture of
162
httpwwwohchrorgENIssuesExecutionsPagesSRExecutionsIndexaspx 163
Report of the Special Rapporteur on extrajudicial summary or arbitrary execution 2010
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 45: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/45.jpg)
UNHRC 41 of 44
killing and extends the cycle of violence This is especially evident when there is government
involvement in violation of rights Police are oftentimes unwilling or unable to carry out
independent investigations Forensic evidence to indict those responsible is often lacking and
crime scenes are tampered with In turn the prosecutors may deal unfairly with the few cases
that are reported to them Witnesses can easily be threatened and dissuaded from testifying
especially in countries with poor witness protection programs Furthermore the majority of
nations where extrajudicial killings occur have court systems with such backlog that these cases
despite their serious nature take the backseat to others
Arguably the most famous instance of a tampered crime scene is the mass graves in Dasht-t-
Leili in Afghanistan The area is suspected of containing the remains of some 2000 Taliban
fighters killed after surrendering in 2001 Credible reports suggest that those responsible had
later removed bodies in order to destroy the evidence 164
(In 2001 during the US invasion of
Afghanistan some 250-300 Taliban prisoners were killed in their metal truck containers while in
US and Northern Alliance custody)
Extrajudicial killings often occur at the hands of law enforcement individuals or other security
forces They often shoot to kill alleged criminals instead of resorting to alternative measures
Brazil Guatemala Kenya and Nigeria are valid examples in relation to the made assertion
These occurrences can be carried out by individuals or by unacknowledged police ―death
squads While making arrests too using disproportionate amounts of force have been
documented This is often the result of poor training and lacking ―use of force rules
Another aspect of the phenomenon is the killing of alleged terrorists and criminals under ―shoot
on sight authorizations Since the global war on terror much has been shrouded under the label
of killing terrorists The Special Rapporteur notes that ―dangerous official rhetoric displaces the
clear legal standards on the use of lethal force which stipulate that the police may shoot to kill
only when it is clear that an individual is about to kill someone (making lethal force
proportionate) and there is no other available means of detaining the suspect (making lethal force
necessary)165
Some states have made use of such rhetoric to justify executions What is most
troubling is the fact that some states that have in practice formally abolished the use of death
penalty have been found guilty of using such pretenses to executed individuals In this regard
Russia and Sri Lanka serve as pertinent examples The Russian Federation introduced a
moratorium on executions in August 1996 However multiple executions were carried out
between 1996 and 1999 by the Federation in the Chechen Republic Similarly Sri Lanka is
abolitionist in practice with its last official execution occurring in 1976 However this is barring
164
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 165
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf
UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
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UNHRC 42 of 44
the conflict with the Tamil tigers and the killings that have been carried out by forces on both
sides166
The case of the Islamic Republic of Pakistan serves to illustrate the extrajudicial killing of
terrorists as well as the fact that these killings occurred at the hands of one of the arms of the
government The Pakistani army has been accused of carrying out hundreds of unlawful killings
in the unstable Swat region The flipside of this is that the region has been one of great unrest
and law enforcers are often left with no other option but to retaliate with force In 2009 the
Human Rights Commission of Pakistan said that 282 extrajudicial killings by the army had taken
place in the Swat region in that year The Pakistani army has denied allegations of extrajudicial
killings ―No Pakistani Army soldier or officer has been involved in activity of this sort said
Maj Gen Athar Abbas a spokesperson for the Pakistani Army167
However at the same time
Amnesty International reported the sighting of mass graves that seemed to indicate the burial of
those extrajudicially executed168
The country also saw the major controversy of its Rangers
slaying a young boy without apparent cause in the port city of Karachi The incident was caught
on tape and is testament to a wide array of extrajudicial killings taking place in the nation 169
In conflict regions such as Afghanistan Israel Lebanon and Sri Lanka there exists a
―complementary relationship between human rights and humanitarian law Both international
human rights and humanitarian law apply to limit the circumstances under which States may
intentionally kill specific individuals both in and outside the context of armed conflict170
States are responsible for extrajudicial killings in several instances Firstly and most apparently
a state is responsible when non-state actors operating at their behest commit killings Most
commonly this occurs when private government controlled militias are ordered to kill political
opponents Governments are also responsible for the actions of private contractors who engage in
core state activities such as law enforcement Non-state parties in armed conflict are directly
responsible for any violations of international humanitarian law These parties are present most
notably in Afghanistan Colombia the Democratic Republic of the Congo and Sri Lanka171
Extrajudicial killings are often a feature of developing nations Bangladesh has seen its joint
police-military Rapid Action Battalion Force (RAB) carry out killings that are frequently termed
crossfire killings Crossfire victims are often found to bear torture marks on their bodies
inconsistent with the claim that they were merely shot at The Human Rights Watch has reported
extensively on the matter and found that Indialsquos Border Security Force (BSF) is also responsible
for indiscriminately and excessively using force against Bangladeshis trying to cross the border
166
httpwwwamnestyorgendeath-penaltycountries-abolitionist-in-practice 167
httptribunecompkstory57603us-urges-pak-to-probe-video-showing-apparent-execution 168
httpwwwaljazeeracomnewsasia2010092010930102124776944html 169
httptribunecompkstory188609rangers-killing-ag-advises-immediate-sacking-of-rangers-police-chiefs 170
httpwww2ohchrorgenglishbodieshrcouncildocs14sessionAHRC1424pdf 171
Ibid
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 47: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/47.jpg)
UNHRC 43 of 44
in search of better opportunities In this regard it has suggested that ―the Bangladesh government
hellip(has to) be more vocal and determined in pressing the Indian government to restrain the Indian
border forces and to end the killings that too often occur all along that border172
In Mexico another troubled developing nation extrajudicial killings are largely linked to the fact
that the country is a huge hub for drugs Since President Felipe Calderon assumed his post in
2006 a ―war on organized crime was declared in Mexico which has ironically exacerbated the
situation rather than alleviated problems The Human Rights Watch claims that ―after declining
steadily for nearly two decades the overall homicide rate grew by over 260 percent from 2007
to 2010 There have been more than 11000 drug-related deaths reported in the Mexican press so
far in 2011 Documented killings involve civilians executed by authorities with possible use of
torture civilians were also noted to have been executed at military checkpoints or during
shootouts instances where the use of lethal force against them was not justified
In more than a dozen cases families of the victims of killings told Human Rights Watch they had
been pressured by the Army to sign settlements agreeing to abandon all efforts to seek criminal
punishments for soldiers in exchange for compensation Nowhere is impunity more pronounced
than in the military justice system The Military Prosecutorlsquos Office said it opened 3671
investigations into human rights violations committed by soldiers against civilians from 2007 to
June 2011 only 15 soldiers were convicted during this period which amounts to less than one
half of a percent 173
In addition politically motivated killings are all too
common in countries where politicians hold great
sway over local police forces The most recent
glaring example of politically motivated
extrajudicial killings arises in the Philippines Since
President Benigno Aquino III took office on June
30 2006 extrajudicial killings have been on the rise
Unexplained disappearances and killings of regional
and local candidates party activists and relatives of
witnesses are the norm The country faces multiple insurgencies from the communist New
Peoples Army (NPA) and other armed groups that have been responsible for many serious
abuses In 2006 and 2007 when the United Nations the United States the European Union and
several other major donors publicly raised concerns over the politically motivated killings under
then-President Gloria Macapagal-Arroyo the number of killings dropped drastically Under
172
httpwwwhrworgnews20110124bangladesh-torture-and-extrajudicial-killings 173
httpwwwhrworgnews20111109mexico-widespread-rights-abuses-war-drugs
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions
![Page 48: UNHRCFINAL](https://reader031.fdocuments.us/reader031/viewer/2022020110/547f0324b47959bb508b4d4d/html5/thumbnails/48.jpg)
UNHRC 44 of 44
President Aquino though the international focus and pressure has decreased while the killings
continue174
In Palestine and Iran killings occur as the end result of judicial processes that are questionable
In the Philippines no semblance of trials exists Hamas for the first time carried out ―judicial
executions since it took over Gaza in 2010 Two men were killed for conspiring with Israel
against the Palestinians Their deaths were the result of military trials whose legitimacy has been
questioned 175
There is a need for the international community to call upon nations to reform their military
codes of conduct to ensure that all cases of alleged human rights violations committed by the
military against civilians be investigated and prosecuted in the civilian justice system While it is
true that a significant number of those extrajudicially killed are not entirely innocent that is not
cause enough for them to be executed without pursuing the correct channels and giving them a
fair attempt at a trial The criminal status of individuals does not take the blame away from
authorities who dole out the death penalty in a manner that is not by the books Furthermore the
fact that a many individuals of those killed are innocent and are killed for political reasons is
deeply disturbing
Can a general list be brought up tracing commonalities in motivation regarding extrajudicial
killings What reforms must be made to military codes of conduct to mitigate killings at the
hands of armed forces Isolate and remedy the most glaring of gaps in judicial system of nations
where extrajudicial killings are common What recommendations should the HRC make to the
GA with regards to governments that blatantly use death squads
Conclusion
The committee will be expected to draw up firm and comprehensive solutions to all the given
aspects of debate while including other issues related to the topic These solutions can be
proposed in the form of a new international potentially binding covenant where the committee
will have to draft primary clauses The covenant will then be enforced through a resolution in the
UNHRC and be recommended for ratification in the GA This is in the same vein that other
actual UNHRC observances and decisions are forwarded to the General Assembly The
resolution may contain other aspects of the debate that do not fit into the international covenant
thereby creating an encompassing and inclusive strategy to terminate the practice of the
imposition of the death penalty
174
httpwwwhrworgnews20110718philippines-new-killings-impunity-reigns 175
httpwwwhrworgnews20100415gaza-halt-executions