CCPR/C/SR.856 page 13
The
69. Mr. FEARN (United Kingdom) said that the abolition of the death penalty, which could be pronounced in very rare cases for particularly serious crimes, was not currently being contemplated in any of the dependent territories. House of Assembly in Bermuda had discussed the question in 1981 and the results of a vote had shown that the majority of the inhabitants wished to maintain the death penalty. The abolition of the death penalty had been considered in the Falkland Islands in 1985, when the present Constitution had been adopted, but the inhabitants of the territory had been in favour of maintaining it. The legislation of all the territories provided for the commutation of death sentences.
70.
Mr. LALLAH said that he would like further details on the follow-up to the incidents which had led to the death of three Irishmen in Gibraltar. He particularly wished to know whether there were any regulations for the members of the security forces and what the results of the inquiry that had been conducted had been.
71.
With regard to Hong Kong, he was concerned that the Basic Law being drafted did not contain any provisions on the right to life. The Committee had always considered that that right did not relate only to the abolition of the death penalty, but also included the duty of all States to guarantee life (measures to reduce infant mortality for example).
72.
Mr. FEARN (United Kingdom) said that there had been a very thorough inquiry into the circumstances of the death of three IRA members who had been preparing to plant a bomb in a public place. After hearing 68 witnesses, the jury had decided by a majority verdict that those who had opened fire on the IRA members had acted lawfully. Having heard particularly detailed testimonies, the two prosecuting authorities, the Attorney-General of Gibraltar and the Director of Army Legal Services, had separately concluded that there were no grounds for prosecution. It must be remembered that, in Gibraltar, as in the United Kingdom, the judiciary was completely independent.
73. In Hong Kong, no death sentences had been carried out since 1967 and all had been commuted to prison terms.
74.
Mr. WAKO said he was also concerned that the right to life was not specifically referred to in the Draft Basic Law for Hong Kong.
75. He thanked the United Kingdom delegation for its detailed reply concerning the events in Gibraltar and he hoped that he would soon receive a reply to the note which he, in his capacity as Special Rapporteur on summary or arbitrary executions, had sent to the United Kingdom to express his concern about that matter, so that he would be able to refer to it in his next report to the Human Rights Committee.
76.
Mr. WENNERGREN asked whether the death penalty was governed by common law or by a legislative text. In the latter case, it might be asked what would happen when Hong Kong came under Chinese sovereignty, since it was understood that the texts in force would remain unchanged after 1997.
77.
Mr. MAVROMMATIS said that since the reasons for maintaining the death penalty in the territories had not been explained fully enough, he would like some clarifications in that regard.