UN EXPERTS NOTE INDIAN SUPREME COURT RULING BUT URGE ABOLITION OF DEATH PENALTY YET THE SECURITY COUNSEL REVIEW IN ADMIRALTY TO ACTS OF PIRACY DEATH PENALTY SHALL BE ENFORCED

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From: UNNews <UNNews@un.org>
Date: 30 Jan 2014 14:00:01 -0500
Subject: UN EXPERTS NOTE INDIAN SUPREME COURT RULING BUT URGE
ABOLITION OF DEATH PENALTY
To: news11@ny-mail-p-lb-028.ptc.un.org

UN EXPERTS NOTE INDIAN SUPREME COURT RULING BUT URGE ABOLITION OF
DEATH PENALTYNew York, Jan 30 2014 2:00PMThe decision by India's
Supreme Court to commute 15 death sentences to life imprisonment is a
'significant step', independent United Nations human rights experts
today said, urging the country to establish a moratorium on executions
with a view of abolishing the death penalty.

"This judgment by the Supreme Court reaffirms the value of human
rights and respect for human life, as enshrined in the Indian
Constitution," <"http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14205&LangID=E">said
the Special Rapporteur on extrajudicial, summary or arbitrary
executions, Christof Heyns.

"If the death penalty is to be used at all, international law clearly
requires that it must follow a trial that meets the highest standards
of fairness and due process guarantees," he added.

On 21 January, the Indian Supreme Court commuted the death sentences
of 13 individuals after finding that there had been an "unexplained
and unreasonable delay" by the authorities in deciding on their
petitions for mercy.

Two other individuals had their death sentences commuted to life on
the ground of mental illness. "I am pleased to see that the Supreme
Court referred to international standards and confirmed that persons
suffering from mental illness could not be executed," said Mr. Heyns.

The Supreme Court also ruled that all death row prisoners should have
regular mental health checks and appropriate medical care be given to
those in need.

Other general guidelines by the Supreme Court on the treatment of
persons on death row include: solitary confinement during the period
awaiting a decision on the mercy petition is unconstitutional; persons
sentenced to death are entitled to legal aid, including for filing
mercy petitions; a notice of at least 14 days must be given prior to
execution; a final meeting between the prisoner and their family and
friends should be facilitated.

Also welcoming the Supreme Court's decision, the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment,
Juan E Méndez, stressed that Indian courts must continue to ensure
that capital punishment does not violate the absolute prohibition on
torture or ill-treatment.

Under all circumstances the absolute prohibition of torture and cruel,
inhuman or degrading treatment or punishment and the strict adherence
to safeguards against them constitute fundamental limits on the use
and enforcement of the death penalty, he said.

The statement by Mr. Heyns and Mr. Méndez was also endorsed by the
Chair-Rapporteur of the Working Group on Arbitrary Detention, Mads
Andenas.

Independent experts, or special rapporteurs, are appointed by the
Geneva-based UN Human Rights Council to examine and report back on a
country situation or a specific human rights theme. The positions are
honorary and the experts are not UN staff, nor are they paid for their
work.Jan 30 2014 2:00PM
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