The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 27
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It has long been the view in doctrine and jurisprudence that article 6 of the Covenant (as well as the exclusion of "pain and suffering arising only, inherent in or incidental to lawful sanctions" from the definition of torture in art. 1, para. 1, of the Convention against Torture) means that the death penalty cannot be considered per se a violation of the prohibition of torture and cruel, inhuman or degrading treatment or punishment. However, as noted by the Special Rapporteur's predecessor in his 2009 report on the death penalty (A/HRC/10/44) in reference to judicial bodies, such interpretation may change over time, as was the case with the prohibition of corporal punishment.
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Non-negotiated soft law
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Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment