Death Penalty
The death penalty has been a regular feature on the agenda of the Asia Pacific Forum of National Human Rights Institutions since September 1999 when at the Fourth Annual Meeting in Manila, APF members requested the Advisory Council of Jurists to consider a reference on the issue.
At its inaugural meeting in August 2000 in Rotorua, held alongside the Fifth Annual Meeting, the Advisory Council was asked to consider, inter alia, the range of offences for which international human rights law permits imposition of the death penalty, the nature and scope of procedural guarantees required by international law in the imposition of the death penalty and whether there are any restrictions that may be required by international human rights law on the manner and method of carrying out the death penalty.
In its Final Report, the Advisory Council of Jurists voiced scepticism as to whether the imposition of the death penalty could ever be compatible with a just society. It therefore urged States to move towards de facto, and eventual de jure abolition of the death penalty. However, it recommended that those States choosing to retain the death penalty limit its imposition to the most serious offences – in the Advisory Council’s view, only those involving wanton destruction of human life, and ensure that procedural safeguards set out in the International Covenant on Civil and Political Rights and other relevant international documents are strictly followed.
Each year, APF members report to the Annual Meeting on any developments within their respective jurisdictions that are relevant to the death penalty.
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