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Opinions
on the death penalty |
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The violations of the right to life
upon which action is taken are defined as:
the death penalty: when capital punishment is imposed after
an unfair trial or in the case of a breach of the right to
appeal or the right to seek pardon or commutation of the sentence;
when capital punishment is imposed for crimes which cannot
be considered "most serious crimes"; if the convicted
person is a minor, mentally retarded or insane, a pregnant
woman or a recent mother;
death threats and fear of imminent extrajudicial executions
by state officials, paramilitary groups, private individuals
or groups cooperating with or tolerated by the government,
as well as by unidentified persons who may be linked to the
one of these categories;
deaths in custody as a result of torture, neglect or the
use of force, or life-threatening conditions of detention;
deaths due to the use of force by law enforcement officials,
or persons acting in direct or indirect compliance with the
state, when the use of force is inconsistent with the criteria
of absolute necessity and proportionality;
deaths due to attacks or killings by state security forces
or by paramilitary groups, death squads or other private forces
cooperating with or tolerated by the state;
violations of the right to life during armed conflicts, especially
of the civilian population and other non-combatants, contrary
to international humanitarian law;
expulsion, refoulement or return of persons to a country
or a place where their lives are in danger, as well as the
prevention of persons seeking asylum from leaving a country
where their lives are in danger through the closure of national
borders;
genocide;
deaths due to acts of omission on the part of the authorities,
including mob killings; instances in which the state fails
to take positive measures of a preventive and protective nature
necessary to ensure the right to life of any person under
its jurisdiction;
breach of the obligation to investigate alleged violations
of the right to life and to bring those responsible to justice;
and
breach of the obligation to provide adequate compensation
to victims of violations of the right to life.
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