Introduction

The death penalty is one of the most
outstanding issues that have the attention of human rights defenders and
international legal and human rights organizations. It violates one of the fundamental human
rights, which is the cornerstone of other rights, that is the right to life, and
constitutes the most severe degree of torture and cruel and inhuman
treatment. Consequently, article 3 of
the Universal Declaration of Human Rights[1]prohibits
the use of the death penalty and emphasizes that “everyone has the right to
life, liberty and security of person.” This right, as prescribed by article 5 of the Declaration, includes that
“no one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment,” including the death penalty. 

Many international and regional
conventions[2]
and instruments were produced, emphasizing provisions in the Universal
Declaration of Human Rights with relation to the right to life. They called overtly for the non-application
of the death penalty, excluding in exceptional cases and under specific
conditions and norms. In this context,
article 6-1 of the International Covenant on Civil and Political Rights[3]
prescribes that “every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived of his life.”
Paragraph 2 of the same article determines the conditions and norms of the
application of the death penalty, stating that “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.” Even though this paragraph allows the application
of the death penalty under certain limits, paragraph 5 of the same article
prohibits the imposition of death sentences “for crimes committed by persons
below eighteen years of age and shall not be carried out on pregnant women.” The
Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
was introduced in December 1984. It ensures individuals’ right to enjoy humane
treatment and prohibits all forms of torture and cruel and degrading treatment.
Death penalty constitutes the most severe degree of cruel, inhuman and
degrading treatment.  

Continued international efforts aimed at abolishing the death penalty
resulted in the declaration of the Second Optional Protocol to
the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty,[4]
which seeks to abolish the death penalty. This Protocol was opened for
signature in December 1989 and entered into force on 11 July 1991. It consists
of 10 Articles which address the death penalty. Article 1 (1) of this Protocol provides
that “No one within the jurisdiction of a State Party to the present
Protocol shall be executed. Article 1 (2) requires States Parties to the
Protocol to take “all necessary measures to abolish the death penalty within
its jurisdiction.”