Permanent Representatives to the United Nations of Italy, Malta, Guinea Bissau, Honmduras and Kingdom of Cambodia addressed to: Boutros Boutros-Ghali, Secretary General of the United Nations, the following letter concerning the resolution on moratoria on pending executions.

New York, 21 October 1994

Excellency,

Upon instructions from our Governments, we are writing to request, in accordance with rule 15 of the rules of procedure of the General Assembly, the inclusion of an additional item of an important and urgent character entitled "Capital Punishment" in the agenda of the forty-ninth session of the General Assembly.

In accordance with rule 20 of the rules of procedure of the General Assembly, an explanatory memorandum and the text of a draft resolution are attached to the present letter.

Please accept, Excellency, the assurances of our highest consideration.

Signatures of:

-F.Paolo Fulci, Permanent Representative of Italy to the U.N.

-Joseph Cassar, Permanent Representative of Malta to the U.N.

-Boubacar Toure, Permanent Representative of the Republic of Guinea-Bissau to the U.N.

-Gerardo Martinez Blanco, Permanent Representative of Honduras to the U.N.

-Sisowath Sirirath, Permanent Representative of the Kingdom of Cambodia to the United Nations

EXPLANATORY MEMORANDUM

Since the adoption of the Universal Declaration of Human Rights, the United Nations have shown a continuing interest in the study of the question of capital punishment with a view to promoting full respect for everyone's right to life, and taken various initiatives aiming at reaching the ultimate goal of abolishing the death penalty in all countries, inter alia through resolution 44/128 of 15 December 1989 adopting the Second Optional Protocol to the International Covenant on Civil and Political Rights.

The question of capital punishment has become particularly urgent in recent times, in view of the continuing high number of death sentences and executions in various parts of the world. A resolution adopted on October 4, 1994, by the Parliamentary Assembly of the Council of Europe, has underlined this urgency and asked all States that have not yet abolished the capital punishment to rapidly do so. We also would like to recall the resolution adopted by the European Parliament on March 12, 1992 pointing in the same direction.

In accordance with such a line our Countries have decided to promote an appropriate action within the United Nations, aiming at contributing to an eventual abolition of capital punishment. This initiative reflects the sentiments of the overwhelming majority of our peoples, who are firmly opposed to imposition of the death penalty anywhere in the world.

Therefore, we would like to request that the issue of capital punishment be inserted in the agenda of the 49th General Assembly and to this end submit the attached draft resolution.

DRAFT RESOLUTION:

The General Assembly,

Recalling article 3 of the Universal Declaration of Human Rights which affirms everyone's right to life,

Recalling its resolutions 2857 (XXVI) of 20 December 1971, 32/61 of 8 December 1977 and 44/128 of 15 December 1989, the latter adopting the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty,

Recalling also Economic and Social Council resolutions 1574 (L) of 20 May 1971, 1745 (LIV) of 16 May 1973, 1930 (LVIII) of 6 May 1975, 1985/33 of 29 May 1985, 1990/29 of 24 May 1990 and 1990/51 of 24 July 1990,

Deeply concerned about the fact that capital punishment is still retained and used for ordinary crimes by a consistent number of member States and that several countries impose the death penalty in disregard of the safeguards provided in the International Covenant on Civil and Political Rights for juveniles and pregnant women,

Commending that both in the Statute of the ad hoc tribunal for the crimes committed in the former Jugoslavia established by Security Council resolution 827 of 25 May 1993 and in the draft Statute for an International Criminal Court eleborated by the International Law Commission capital punishment is excluded from the penalties that these Courts are authorized to impose,

Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,

Calls upon all Governements in a position to do so to consider signing and ratifying or acceding to the Second Optional Protocol to the International Covenant on Civil and Political Rights,

Invites all States, referring to its resolutions 2857 (XXVI) and 32/61, to consider the progressive restriction of the number of offences for wihch the death penalty may be imposed and the exclusion of juveniles and pregnant women from capital executions,

Encourages all member States to consider the opportunity of introducing the necessary amendments in their legislation with a view to the desirability of abolishing the death penalty in all countries thus promoting full respect for everyone's right to life, as well as for the expectation of every human being not to be killed following a legal sentence or judicial measure,

Also encourages all States to consider the opportunity of instituting moratoria on pending executions with a view to ensuring that the principle that no State should dispose of the life of any human being be affirmed in every part of the world within the year 2000.