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Death penalty incompatible with right to life
31 January 2024
The infliction of the death penalty is profoundly difficult to reconcile with human dignity, the fundamental right to life, and the right to live free from torture or cruel, inhuman or degrading treatment or punishment, said UN Human Rights Chief, Volker Türk
“The use of the death penalty is egregious against any human being,” Türk said while addressing the Human Rights Council. “When used against people who have not even committed the crime of which they are accused, it is unfathomable.”
No human institution is perfect, which means devastatingly wrong conclusions can be reached, which, according to Türk, has meant innocent people being killed.
UN Human Rights has long opposed the death penalty, working with States and institutions to abolish it or, at least, enact moratoriums on its use. Through research, reports and work with experts, the Office helps to debunk some of the myths surrounding use of the punishment. For example, UN Human Rights has not found any evidence that the infliction of the death penalty deters crime.
“Evidence strongly suggests that the death penalty has little or no effect on deterring or reducing crime,” said Türk. “In fact, a number of studies have revealed that nations that have abolished the death penalty have seen their murder rates unchanged and, in some cases, decline.”
There is also evidence that the death penalty has been applied in a discriminatory manner, people already marginalized because ethnic origin, religion, linguistic background, sexual orientation, or gender identity, amongst other characteristics.
In a statement last year, the Special Rapporteur on extrajudicial, summary or arbitrary executions Morris Tidball-Binz, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Dr. Alice Jill Edwards said they observed the severe suffering and pain inflicted on a person with a death sentence – from the sentencing up to their execution and “has been increasingly found to be incompatible with the obligations to refrain from torture and ill-treatment.”
UN Human Rights repeated this concern with the recent case of the execution in the United States of America of Kenneth Eugene Smith through the use of suffocation by nitrogen gas. In a statement, the Office said this untested method “could amount to torture, or other cruel, inhuman or degrading treatment or punishment under international human rights law.”
The hands of a person rest between prison bars. © Getty Images/sakhorn38
“Rather than inventing new ways to implement capital punishment, we urge all States to put in place a moratorium on its use, as a step towards universal abolition,” said Spokesperson for UN Human rights Ravina Shamdasani.
In Iran, at least 54 people have reportedly been put to death so far this year. Türk urged this country to enact an immediate moratorium on the use of the death penalty, with a view to abolish the practice altogether.
Pledging for a brighter future
There has been progress made in abolishing the death penalty globally. In 1946, the death penalty had been abolished only in eight countries. In 2023, more than seven decades later, that number has risen to 170. Ghana and Equatorial Guinea amongst the most recent ones to do, aided in part by the UN’s Universal Periodic Review (UPR) process.
As part of the celebration of the 75th anniversary of the Universal Declaration of Human Rights, in December 2023, UN Human Rights organized a high-level event that gathered leaders and people from around the world. As part of their commitment to human rights, member States presented pledges of what they would do to promote, advocate and protect human rights Chad, Republic of Congo, Zambia, and Liberia all pledged to abolish the death penalty.
Illustration of Article 3 of the Universal Declaration of Human Rights: Everyone has the right to life, liberty and security of person. © OHCHR.
“The pledges we have received illustrate the hunger for us to do better on human rights,” High Commissioner Turk said. “My Office pledges to be a trusted partner on rights, in the pursuit of this vision.”
Learn more about the work of UN Human Rights on the death penalty, its abolition and related matters with the following publications:
Moving Away from the Death Penalty: Arguments, Trends and Perspectives
Moving Away from the Death Penalty: Lessons on National Experiences
