The United Nations General Assembly has taken a significant step towards the abolition of the death penalty by voting in favour of a world-wide morotorium on the application of death penalty, thereby enhancing the protection of human rights and the inviolability of the person.The General Assembly has doubted that the death penalty will act as a deterrent on criminality. and also highlighted the errors in the application of death penalty resulting in irreparable consequenses especially as exposed by the modern forensic methods.
As cited out by the Amnesty International as many as 133 countries have abolished the death penalty in law or practice.Last July, In Rwanda,which had witnessed the ultimate crime of genocide has decided to forego the ultimate capital punishment.
In 2006 , nearly 91% of the executions were carried out by a Small group of countries like China,Iran,Iraq,Pakistan,Sudan and the United States and death penalty is regrettably practiced in those countries.Countries like Afganisthan which had a morotorium on death sentence for the past three years have again resumed the death penalty.
Death Penalty is against the fundemental right to life.As enunciated by the International Covenant on Civil and Political rights ,specific restrictions have been imposed while implementing the death penalty..Accordingly only in most serious cases of crimes , death penalty should be imposed, that too only under due process of law.The death penalty should also be imposed only according to the law in force at the time of commission of the crime.Minors and pregnant women should be exempted.As clarified by the Human Right mechanisms capital punishment can neither be mandatory nor it can be carried out in secret..Again the death penalty should be meted to the concerned person s with the least possible physical and mental sufferings.However, time and again, the international standards and guidlines are violated while imposing and executing the death punishment..For example in Iran when death penalty was executed to some persons, they were minors at the time of commission of the crime..Again stonning one to death is also being practiced..In Japan, a person aged about 75 was executed,.
There are some encouraging aspects against death penalty.The Supreme Court of US has barred the execution of minors and also re-examining the use of lethal injections.New Jercy, a state of the US has abolished the death sentence ,the first state to do it in the US.for more than 40 years.In China,a review by the highest court led to reduction rate in execution.Iran has ordered a morotorium on stonning to death.
The UN General Assemebly’s call for a global morotorium is an additional and significant stepping stone, in leading to the total abolition of death penalty.States all over the world may follow suit by setting an example for themselves.
Leave Your Comments