United Nations: latest report of the Special Rapporteur on extrajudicial, summary or arbitrary execution deems the death penalty to be a form of torture and calls for the worldwide abolition of this practice

During the 62nd session of the Human Rights Council, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz presented the report “The death penalty from the perspective of the prohibition of torture and other ill-treatment and the protection of human dignity”.

Within this document, the Special Rapporteur examines the legality of the death penalty, considering the inherent pain and suffering it inflicts on those executed, throughout every stage of the process.

Indeed, during the phase of arrest and interrogation there is the risk of the use of threat of death as a coercive mechanism for confessions or for waiving legal rights. Within the trial and sentencing phase, there is the risk of inflicting severe psychological trauma on the individual being trialed and sentenced due to procedural failures (under-resourced defense counsel, discrimination, etc). A further element that is analysed is death row, where detainees are imprisoned for a prolonged period of time, with the constant threat of execution, representing a form of psychological warfare. The sustained uncertainty that detainees in death row face is also combined with harsh living conditions, including solitary confinement, heavy shackling, harsh lighting, etc). Concerning the execution methods, it is proven that no current method of execution is guaranteed to be pain-free. Lastly, concerning post-execution practices, the SR underlined the failure of giving advanced notice of execution dates, the withholding of remains and concealing burial sites. 

The recommendations made to States within this document include: to formalize complete abolition of the death penalty in law, reject attempts of reintroducing death penalty and review current death row cases; and to introduce a moratorium on executions, repeal mandatory death sentences, and invalidate sentences reliant on coerced confessions.

The SR also recommends medical bodies to enforce strict bans on physician participation in execution protocols, while private entities (such as pharmaceutical companies) must block their products for being used in state killings.