A/HRC/RES/36/17
Condemning the imposition of the death penalty as a sanction for specific forms of
conduct, such as apostasy, blasphemy, adultery and consensual same-sex relations, and
expressing serious concern that the application of the death penalty for adultery is
disproportionately imposed on women,
Recalling that, particularly in capital cases, States are required to provide adequate
assistance of counsel at every stage of proceedings, including during detention and arrest,
Emphasizing that access to consular assistance for foreign nationals, provided for in
the Vienna Convention on Consular Relations, is an important aspect of the protection of
those facing the death penalty abroad,
Emphasizing also that lack of transparency in the use of the death penalty has direct
consequences for the human rights of the persons sentenced to death as well as for other
affected persons,
Acknowledging the interest in studying the question of the death penalty, as well as
in holding local, national, regional and international debates related thereto,
1.
Urges all States to protect the rights of persons facing the death penalty and
other affected persons by complying with their international obligations, including the
rights to equality and non-discrimination;
2.
Calls upon States that have not yet acceded to or ratified the Second Optional
Protocol to the International Covenant on Civil and Political Rights aiming at the abolition
of the death penalty to consider doing so;
3.
Calls upon States that have not yet abolished the death penalty to ensure that
it is not applied on the basis of discriminatory laws or as a result of discriminatory or
arbitrary application of the law;
4.
Calls upon States to ensure that all accused persons, in particular poor and
economically vulnerable persons, can exercise their rights related to equal access to justice,
to ensure adequate, qualified and effective legal representation at every stage of civil and
criminal proceedings in capital punishment cases through effective legal aid, and to ensure
that those facing the death penalty can exercise their right to seek pardon or commutation of
their death sentence;
5.
Urges States that have not yet abolished the death penalty to ensure that the
death penalty is not applied against persons with mental or intellectual disabilities and
persons below 18 years of age at the time of the commission of the crime, as well as
pregnant women;
6.
Also urges States that have not yet abolished the death penalty to ensure that
it is not imposed as a sanction for specific forms of conduct such as apostasy, blasphemy,
adultery and consensual same-sex relations;
7.
Calls upon States to comply with their obligations under article 36 of the
Vienna Convention on Consular Relations, and to inform foreign nationals of their right to
contact the relevant consular post;
8.
Also calls upon States to undertake further studies to identify the underlying
factors that contribute to the substantial racial and ethnic bias in the application of the death
penalty, where they exist, with a view to developing effective strategies aimed at
eliminating such discriminatory practices;
9.
Calls upon States that have not yet abolished the death penalty to make
available relevant information, disaggregated by gender, age, nationality and other
applicable criteria, with regard to their use of the death penalty, inter alia, the charges,
number of persons sentenced to death, the number of persons on death row, the number of
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