This is the official document of the Italian Government on the initiative for the abolition of the death penalty. This document should have a restricted use. In particular retentionist countries should not have it.

We wrote at the end of each paragraph if it is a new paragraph (NEW) or it is the same of the resolution presented at the General Assmbly on 1994 (UNGA 49)

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The Commission on Human Rights:

Recalling article 3 of the Universal Declaration of Human Rights, which affirms the right of everyone to life, article 6 of the International Covenant on Civil and Political Rights and articles 6 and 37 (a) of the Convention on the Rights of the Child, (UNGA 49)

Recalling its resolutions 2857 (XXVI) of 20 December 1971, 32/61 of 8 December 1977 and 44/128 of 15 December 1989, by the latter of which it adopted and opened for signature the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (UNGA 49)

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, 1984/50 of 25 May 1984, 1985/33 of 29 May 1985, 1990/29 of 24 May 1990 and 1990/51 of 24 July 1990 (UNGA 49)

Recalling the report of the Economic and Social Council E/CN/15/1996/19 of 27 March 1996 in which it appears that there has been a considerable shift towards the abolition of the death penalty (NEW)

Welcoming that in the Statute of the International Criminal Tribunal for the former Yugoslavia, the Statute of the ad hoc International Crimininal Tribunal on Rwanda and the draft Statute for an International Criminal Court under discussion in the preparatory committee for the institution of such court, capital punishment is excluded from the penalties that these courts are authorized to impose (UNGA 49)

Welcoming also that, in its General comment adopted at its 378th meeting on 27 July 1982 on article 6 of the International Covenant on Civil and Political Rights, the Human Rights Committee observed that this provision refers to abolition in terms which strongly suggest that aboiltion of the death penalty is desirable, affirming also that all measures of abolition should be considered as progress in the enjoyment of the right to life (NEW)

Deeply concerned that in some countries that have not yet abolished the death penalty sentence of death is imposed for other than the most serious crimes (UNGA 49)

Also cencerned that several countries impose the death penalty on juveniles, pregnant women and insane persons, in disregard of the limitations provided for in the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the safeguards guaranteeing protection of the rights of those facing the death penalty, set out in the annex to Economic and Social Council resolution 1984/50 of 25 May 1984 (UNGA 49)

Convinced that abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights, including the affirmation of the principle that no State should dispose of the life of any human being (UNGA 49 modified)

1. Calls upon all States that have not yet done so to consider acceding to or ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (UNGA 49)

2. Urges all States that still maintain the death penalty to comply fully with their obligations under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, and in particular to exclude pregnant women, juveniles and insane persons from capital executions (UNGA 40 modified)

3. Calls upon all States that have not yet abolished the death penalty to consider the progressive restriction of the number of the offences for witch the death penalty may be imposed (UNGA 49 strengthened)

4. Also calls upon all States that have not yet abolished the death penalty to consider suspending executions with a view to its complete abolition (UNGA 49 modified)

5. Requests the Secretary General to submit, in consultation with governments and specialized agencies, as well as with intergovernmental and non-governmental organizations, a report at its fifty-fourth session on the situation of the death penalty worldwide, also drawing on the information already available for the compilation of the report submitted to the Economic and Social Council on the same matter at five-years intervals (NEW)

6. Decides to continue consideration of the matter at its fifty-fourth session under the same agenda item (NEW)