Statement of the African Commission on Human and Peoples’ Rights on the occasion of World Day Against the Death Penalty

On the occasion of World Day Against the Death Penalty, observed this year under the theme “Humanising People Affected by the Death Penalty,” the African Commission on Human and Peoples’ Rights (the Commission) reaffirms its commitment to the protection of the right to life, human dignity, and fundamental fair trial guarantees, as enshrined in the African Charter on Human and Peoples’ Rights.

This year’s theme calls for recognition of the human realities behind every death sentence and the suffering it causes to persons sentenced to death, victims of crime, and the families of those sentenced.
To humanise means recognising every person's dignity, without denying the gravity of crimes committed or the suffering of victims. It also means recognising that every person, regardless of their past or legal situation, remains entitled to fundamental human rights.

The Commission emphasises that persons sentenced to death are often subjected to harsh conditions of detention, isolation and the constant anguish of execution. Prolonged detention on death row may cause profound psychological suffering and raise concerns under the prohibition of torture and cruel, inhuman or degrading punishment or treatment. The Commission also recalls that the families of persons sentenced to death, particularly children, may experience stigma, psychological suffering and economic hardship.

The Commission also fully recognises the right of victims to justice. Criminal justice responses must take into account the rights of victims without causing a further irreversible violation of the right to life. A human rights-based approach to justice must reconcile criminal accountability, the protection of society and the dignity of every person.

The Commission remains concerned about the retention of the death penalty in several African States, particularly in view of the risks of irreversible miscarriages of justice, discriminatory application and violations of fair trial guarantees.

Through its numerous Resolutions on the death penalty and the prohibition of torture and cruel, inhuman or degrading punishment or treatment, the Commission has called upon concerned States to establish a moratorium on executions, commute existing death sentences and take concrete measures towards abolition.

The Commission commends the progress made by African States that have abolished the death penalty or established a moratorium on executions. It also reaffirms the importance of the adoption, by the competent organs of the African Union, of the Draft Protocol to the African Charter on Human and Peoples’ Rights on the Abolition of the Death Penalty in Africa, with a view to strengthening the protection of the right to life across the continent.

On the occasion of this World Day Against the Death Penalty, the Commission:
• Urges States that still have the death penalty in their laws to establish or uphold a moratorium on executions, commute existing death sentences, and carry out the reforms needed to move toward abolishing the death penalty;
• Calls on States to ensure the fundamental rights of those sentenced to death, including detention conditions that uphold human dignity;
• Encourages States to offer appropriate support to victims and their families, taking into account their psychological, social, economic and legal needs;
• Calls on National Human Rights Institutions, civil society and justice professionals to counter the dehumanisation of persons sentenced to death and to promote a human rights-based approach to justice;
• Urges Member States of the African Union to support the adoption of the Draft Protocol on the Abolition of the Death Penalty in Africa.

Distributed by APO Group on behalf of African Union (AU).