Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 


OHCHR Briefing Notes

OHCHR Briefing Notes

Subject: 1) Brunei penal code
2) Death penalty abolition
3) USA - execution of Mexican national

1) Brunei penal code

We are deeply concerned about the revised penal code in Brunei Darussalam, due to come into force later this month, which stipulates the death penalty for numerous offences. These include rape, adultery, sodomy, extramarital sexual relations for Muslims, insult or defamation of the Prophet Mohammad, insulting any verses of the Quran and Hadith, blasphemy, declaring oneself a prophet or non-Muslim, and for robbery and murder. Application of the death penalty for such a broad range of offences contravenes international law.

The revised code, which is expected to enter into force on April 22, also introduces stoning to death as the specific method of execution for rape, adultery, sodomy and extramarital sexual relations.

Under international law, stoning people to death constitutes torture or other cruel, inhuman or degrading treatment or punishment and is thus clearly prohibited. A number of UN studies have also revealed that women are more likely to be sentenced to death by stoning, due to deeply entrenched discrimination and stereotyping against them, including among law enforcement and judicial officers.

The criminalization and application of the death penalty for consensual relations between adults in private also violates a whole host of rights, including the rights to privacy, to equality before the law, the right to health and freedom from arbitrary arrest and detention. The provisions of the revised penal code may encourage further violence and discrimination against women and also against people on the basis of sexual orientation.

The revised penal code also contains provisions that violate the rights to freedom of religion, freedom of opinion and of expression. Articles 213, 214 and 215 of the revised penal code criminalize printing, disseminating, importing, broadcasting, and distributing publications “contrary to Hukum Syara”, which literally translates as “contrary to the order of Shariah” by both Muslims and non-Muslims alike.

We urge the Government to delay the entry into force of the revised Penal Code and to conduct a comprehensive review ensuring its compliance with international human rights standards.

Brunei has maintained an effective moratorium on use of the death penalty since 1957. We urge the Government to establish a formal moratorium on the use of the death penalty and to work towards abolishing the practice altogether.

2) Death penalty abolition

On a related note, we welcome the accession of Gabon and El Salvador to the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP2), aiming at the abolition of the death penalty. This brings the total number of State parties to the ICCPR-OP2 to 80.

3) USA - execution of Mexican national

We deeply regret the execution of Mexican national Ramiro Hernandez Llanas in Texas on Wednesday. Mr Hernandez-Llanas is the 16th person to have been executed in the US in 2014 and the sixth prisoner executed this year in Texas.

The UN opposes the death penalty in all circumstances as a matter of policy and principle; but, in addition, this case once again places the US in breach of international law, as Mr Hernandez was not granted consular access pursuant to Article 36 of the Vienna Convention on Consular Relations. In 2004, the International Court of Justice (ICJ) issued a ruling stating that the United States must review and reconsider the cases of 51 Mexican nationals sentenced to death – including Mr Hernandez – as they had not received consular services. Under international law, the violation of the right to consular notification affects the due process; and the execution of a foreign national deprived of his rights to consular services constitutes an arbitrary deprivation of life, in contravention of articles 6 and 14 of the International Covenant on Civil and Political Rights, which the US ratified in 1992.

It is important to recall that the execution by the State of Texas of Mr Hernandez Llanas engages the United States' international responsibility. We are once again disappointed that neither the Texas Board of Pardons and Paroles nor the Governor took steps open to them to prevent this breach of US obligations under international law from occurring.

ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

PARLIAMENT TODAY:

  • Week in Parliament 22-05-15
  • Saturday Sitting
  • House Rises At Midnight
  • Telco Levy Bill Passes
  • Telco Levy Bill Completes First Reading
  • Social Housing Bill Passes Under Urgency

  • TPPA: University Of Auckland Warns Of Negative TPP Impact

    The University of Auckland May 20, 2015 University of Auckland Warns of Negative TPP Impact With the Trans Pacific Partnership (TPP) negotiation drawing to a close, the University of Auckland has expressed serious concerns about its potential implications. ... More>>

    NZ Flag: Flag Referendum Gets Hit Hard In New Poll

    The latest Campbell Live text poll confirms it is time for the Prime Minister to listen to the public and shelve his flag referendum, says the New Zealand First Leader Rt Hon Winston Peters. More>>

    Gordon Campbell: The Government’s Belated Moves On Property Speculation

    Is it a property tax on capital gains or a capital gains tax on property? The Jesuitical distinctions in the government’s spin about its latest moves on property speculators are all about whether the government can claim that it jumped, or confess that it ... More>>

    Grant Robertson:
    Key Can’t Just Be Prime Minister For Parnell

    John Key must show New Zealanders in next week’s Budget that he is more than the Prime Minister for Parnell, and is also the Prime Minister for Pine Hill, Putararu and Palmerston North, Labour’s Finance spokesperson Grant Robertson says. In a ... More>>

    Labour Party: More Regional Jobs Go In Corrections Reshape

    News that 194 Corrections staff are to lose their jobs will have ramifications not only for them and their families but for the wider community, Labour’s Corrections spokesperson Kelvin Davis says. Prison units at Waikeria, Tongariro and Rimutaka ... More>>

    ALSO:

  • NZ First - Prison Job Losses to Send Money Offshore
  • TPPA: ‘Team Obama’ Regroups On Fast Track, Still Not Deliverable

    ‘After yesterday’s stinging and unexpected defeat for the Obama administration’s attempt to advance Fast Track legislation in the US Senate, Senate leaders have worked up a compromise they think will get them past this blockage’, according to Auckland ... More>>

    NZ Government: 5,500 More Doctors And Nurses In Our Hospitals

    Health Minister Jonathan Coleman says a record number of doctors and nurses are working in District Health Boards across the country. More>>

    Controller and Auditor General: Katherine Rich Conflict of Interest Decision

    We are writing to you about a matter that has been raised with us by members of the public. More>>

    ALSO:


    Budget 2015: Andrew Little On The 2015 Budget

    Speaking to the Chamber of Commerce, the Labour opposition leader attacked the government’s approach to economic issues facing New Zealand. He said they have been “more than reckless in their complacency” and “the next week’s budget will do nothing ... More>>

    Defence Force: NZDF Building Partner Capacity Mission Personnel In Iraq

    NZDF Building Partner Capacity Mission Personnel in Iraq The New Zealand Defence Force Building Partner Capacity training mission contingent is in place at Taji Military Complex in Iraq. The Chief of Defence Force Lieutenant General Tim Keating says the ... More>>

    PM Press Conference: ACC Levy Cuts Announced

    In a press conference this afternoon in Wellington, ACC Minister Nikki Kaye proposed $500 million worth of ACC levy cuts. More>>

    Quakes: New Process For Red Zone Crown Offers

    Canterbury Earthquake Recovery Minister Gerry Brownlee has announced a process to give everyone a say on the Crown offers to owners of vacant, commercial/industrial and uninsured properties in the Residential Red Zone. More>>

    ALSO:

    Gordon Campbell: On The Battle Obama Is Waging Over The TPP

    For the past two and a half years, this column has been arguing that the fate of the Trans Pacific Partnership (TPP) deal will hinge on whether US President Barack Obama can win Trade Promotion Authority (TPA) from Congress... Last week, the White House finally, finally unveiled a draft TPA Bill. More>>

    ALSO:


    Gordon Campbell: On lessons for Labour from the UK election
    If the polls were right – and the pollsters kept telling us how accurate they’d been in 2010, and even Nate Silver was getting the same results – there seemed no way that the British Labour Party could lose last Thursday’s British election. With Labour predicted to win around 270 seats and the Scottish National Party batting around 55-60 seats, Labour seemed to be home free. But…as we now know, things didn’t turn out that way. Labour ended up with 232 seats and the Conservatives swept back to power with an outright majority, after winning only a little more than a third ( 36.9%) of the votes cast.MORE >>
    Also.

  • NZ PM John Key - PM congratulates David Cameron after UK election
  • The Nation IV Transcript - Hack Attack author Nick Davies
  • Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
     
    Regional
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news