A/HRC/RES/42/24
apostasy, establishing political opposition groups or offending a head of State, and that States
parties that retain the death penalty for such offences commit a violation of their international
obligations,
Stressing also that the Secretary-General, in his report on the question of the death
penalty,3 states that there is no evidence that the death penalty deters drug-related or other
crime more than other methods of punishment,
Condemning the resumption of the death penalty, in particular for any crimes that do
not qualify as “the most serious crimes”,
Recalling that, particularly in capital punishment cases, States are required to ensure
that all persons benefit from a fair trial and a guarantee of due process and to provide adequate
assistance of legal counsel at every stage of the proceedings, including during detention and
arrest, without discrimination of any kind,
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;
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 abolished the death penalty or apply a moratorium
on its use not to resume the use of the death penalty, and reminds States that are States parties
to the International Covenant on Civil and Political Rights and have abolished the death
penalty that they are barred from reintroducing it;
4.
Calls upon States that still apply the death penalty to limit its use to “the most
serious crimes” and to remove from national laws any application of the death penalty to
crimes not involving intentional killing, such as drug-related offences or terrorism-related
crimes not involving intentional killing;
5.
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;
6.
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 executions carried
out and the number of death sentences reversed, commuted on appeal or in which amnesty
or pardon has been granted, as well as information on any scheduled execution, which can
contribute to possible informed and transparent national and international debates, including
on the obligations of States with regard to the use of the death penalty;
7.
Requests the Secretary-General to dedicate the 2021 supplement to his
quinquennial report on capital punishment to the consequences arising at various stages of
the imposition and application of the death penalty on the enjoyment of the human rights of
persons facing the death penalty and other affected persons, paying specific attention to the
consequences of the lack of transparency in the application and imposition of the death
3
A/HRC/42/28.
3